S. 2912 (101st): Department of Defense Authorization Act for Fiscal Year 1991

Introduced:
Jul 25, 1990 (101st Congress, 1989–1990)
Status:
Died (Passed Senate)
Sponsor
Samuel Nunn
Senator from Georgia
Party
Democrat
Related Bills
S. 2884 (Related)
National Defense Authorization Act for Fiscal Year 1991

Passed Senate
Last Action: Aug 04, 1990

 
Status

This bill was introduced in a previous session of Congress and was passed by the Senate on August 4, 1990 but was never passed by the House.

Progress
Reported by Committee Jul 13, 1990
Introduced Jul 25, 1990
Passed Senate Aug 04, 1990
 
Full Title

An original bill to authorize appropriations for fiscal year 1991 for military activities of the Department of Defense, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes.

Summary

No summaries available.

Cosponsors
none
Committees

Senate Armed Services

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

S. stands for Senate 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.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

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


8/4/1990--Passed Senate amended.
Department of Defense Authorization Act for Fiscal Year 1991 -
Title I - Procurement
Part A - Funding Authorizations
Authorizes appropriations for FY 1991 for the Army, Navy, Marine Corps, and Air Force for the procurement of aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
Authorizes appropriations for such fiscal year for the defense agencies, the Defense Inspector General, the reserve components for procurement, and for the destruction of lethal chemical weapons under the chemical demilitarization program.
Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to increase or decrease the authorizations for various procurement programs and to increase the authorizations for specified research, development, test, and evaluation (R&D) programs.
Earmarks specified FY 1990 Marine Corps funds for procurement of M1A1 main battle tanks.
Prohibits the further procurement of Ohio-class ballistic missile submarines with funds appropriated to the Department of Defense (DOD) for any fiscal year including FY 1991, other than those submarines currently authorized by law.
Requires a report from the Secretary of Defense (Secretary) to the defense committees on the need to maintain competition in submarine construction.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend a deadline for full integration of fixed-wing aircraft into the range instrumentation system of the National Test Center. Prohibits funds appropriated under this Act from being obligated or expended for the procurement of the Airborne Self Protection Jammer or any of its components.
Prohibits proceeding with low-rate production of such Jammer before the Director of Operational Test and Evaluation has made certain certifications to the Senate and House Armed Services Committees (the defense committees) concerning such testing.
Part B - B-2 Bomber Program
Limits the obligation of FY 1991 funds for procurement and advance procurement of B-2 aircraft.
Places additional limitations on the procurement of two new production B-2 aircraft during FY 1991.
Expresses the sense of the Congress that:
(1) it is not prudent or possible at this time to produce B-2 aircraft beyond the number authorized by this and prior Acts; and
(2) before a commitment is made to procure additional B-2 aircraft, the Secretary of Defense must resolve issues associated with cost, schedule, performance, and financial integrity of such program and certify specified findings on such issues to the defense committees.
Places additional restrictions on the obligation of funds for new B-2 aircraft, including a full performance matrix requirement for the two new B-2 aircraft authorized to be procured during FY 1991.
Part C - Program Terminations
Terminates the following programs as of the beginning of FY 1991: (1) the 155 millimeter nuclear projectile program; (2) the Air Defense Heavy Missile system; (3) the Follow-On to Lance program; and (4) the Milstar Satellite program.
Title II - Research, Development, Test, and Evaluation
Part A - Funding Authorizations
Authorizes appropriations for FY 1991 for the armed forces and the defense agencies for R&D. Requires such R&D funds to be available for the Strategic Relocatable Target Attack project and the Earth Penetrating Weapons project.
Part B - Program Requirements, Restrictions, and Limitations
Directs the Secretary of the Army to prescribe an acquisition plan for the acquisition of an armored gun system for use on nondevelopmental item vehicles.
Prohibits FY 1991 Army acquisition funds from being used for such system except in accordance with such acquisition plan.
Places certain restrictions on the armored systems modernization program.
Directs the Secretary of the Navy to use certain prior-year unobligated funds for R&D in connection with the V-22 Osprey aircraft program, subject to specified conditions and prohibitions.
Provides certain FY 1991 funds for R&D in connection with the Special Operations variant of such aircraft.
Prohibits the obligation of funds after the date of enactment of this Act for procurement of V-22 Osprey aircraft.
Directs the Secretary of the Air Force to complete certain R&D work with respect to the advanced tactical fighter of the Air Force. Directs the Secretary of the Army to complete certain R&D work with respect to the Army light helicopter program.
Prohibits funds from FY 1991 from being obligated for full-scale development of the Army advanced tank cannon program.
Directs the Secretary of the Navy to acquire aircraft for the Fleet Electronic Warfare Support Group to replace certain other aircraft.
Authorizes the use of funds to convert the existing space launch facility at Vandenberg Air Force Base, California, for use as a Titan IV launch facility.
Part C - Strategic Defense Initiative
Earmarks specified R&D funds of FY 1991 for the Strategic Defense Initiative (SDI). Expresses the sense of the Congress regarding certain limitations on the SDI program, with priority under such program to be given to research on a defense system that would protect against an accidental missile launch against the United States and would not be in violation of the 1972 ABM Treaty. States that SDI should continue support for those critical technology efforts that have both civilian and military applications in areas other than ballistic missile defense systems.
Limits the R&D funding from funds appropriated under this Act for various programs under SDI. Requires the Secretary to include certain information for each program within the budget request for such program.
Describes certain limitations on the development and testing of antiballistic missile systems or components and on the use of funding for such purposes.
Prohibits the obligation of funding for operational test and evaluation in support of a strategic defense system or a program, project, or activity of SDI.
Title III - Operation and Maintenance
Part A - Authorization of Appropriations
Authorizes appropriations for FY 1991 for operation and maintenance expenses for the armed forces, the defense agencies, the reserves and National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities--defense, the Court of Military Appeals, environmental restoration--defense, and for humanitarian assistance.
Authorizes appropriations for such fiscal year for unbudgeted increases for fuel costs and those necessitated as the result of inflation.
Authorizes appropriations for FY 1991 for working capital within DOD. Directs the Secretary to allocate funds authorized in this title for training and operations of the military services to ensure that high priority military forces are maintained at appropriate readiness levels.
States as the purpose of the humanitarian assistance program to provide transportation and humanitarian relief for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Authorizes the Secretary to transfer funds to the Secretary of State for the purpose of providing such assistance.
Requires transportation for such assistance, by the most economical means possible, to be under the direction of the Secretary of State. Authorizes appropriations for FY 1991 for the operation of the U.S. Soldiers' and Airmen's Home.
Part B - Program Changes and Miscellaneous Provisions
Revises the authority governing the operation of working-capital funded activities within DOD. Repeals:
(1) a restriction on the contracting-out of core logistics functions; and
(2) prohibitions on the use of competitions among defense maintenance activities in the selection of entities to perform depot maintenance workloads.
Authorizes naval shipyards and naval aviation depots to compete during FY 1991 for contracts for the production of defense related articles and for the provision of services related to defense programs.
Requires successful bids under such contracts to include all direct and indirect cost factors.
Requires the Secretary to issue a single, uniform policy on the management of inventory items of DOD. Requires personnel evaluations for acquisition personnel within DOD to include consideration of efforts to eliminate wasteful practices and achieve cost savings in the acquisition and management of inventory items.
Lifts a certain naval homeporting restriction in the case of voyage repairs.
Extends to March 1, 1991, the date for completion of a waste recycling study under the National Defense Authorization Act for Fiscal Years 1990 and 1991.
Requires the Secretary of the Air Force to continue to carry out the mission of hurricane reconnaisance during FY 1991 unless another Federal department or agency assumes such responsibility and has adequate funding.
Authorizes the Secretary to reimburse the Environmental Protection Agency (EPA) for certain oversight expenses associated with environmental response actions at DOD facilities.
Prohibits FY 1991 funds from being obligated for the purchase of performance bonds and similar guaranties for the performance of any direct function by DOD. Validates payments made before the enactment of this Act under a contract between a military department and a unit of local government for the provision of police, fire, or other municipal service to such military department.
Directs the Secretary to establish a program to educate DOD personnel in environmental management.
Outlines program requirements and provides FY 1991 funding for such program.
Directs the Secretary to recommend to the defense committees whether such program should continue after FY 1991.
Requires the CFC Advisory Committee (established under the National Defense Authorization Act for Fiscal Year 1990) to study the use of specified ozone-depleting substances within DOD, together with the costs and feasibility of using alternative compounds to such substances.
Requires the Secretary to provide the Committee with certain information on the use of such ozone-depleting substances within DOD. Extends to June 30, 1991, a deadline under such Act for the submission of a final report on the use of chlorofluorocarbons within DOD. Prohibits the Secretary from incurring obligations against DOD stock funds during FY 1991 in excess of 80 percent of the sales from such stock funds during that fiscal year, with specified exceptions.
Title IV - Personnel Authorizations for Fiscal Year 1991
Part A - Active Forces
Authorizes end strengths for active-duty forces for FY 1991 and 1995.
Prohibits a member of the armed forces from being involuntarily separated unless the Secretary of the military department concerned has made certain certifications to the defense committees and followed certain procedures with respect to military force reduction actions.
Defines those military personnel to be covered under such prohibition as those who:
(1) are serving on active duty or full-time National Guard duty;
(2) have five or more years of active service in the armed forces;
(3) if involuntarily separated, would not be immediately eligible for retired or retainer pay; and
(4) if involuntarily separated, would be eligible for employment transition assistance under specified Federal provisions.
Specifies limits on the authorized strength for general and flag officers on active duty effective FY 1991 and 1995.
Reduces the current authorized number of active-duty Air Force colonels.
Exempts certain three-star generals and flag officer positions from fiscal year strength level limitations.
Authorizes the President to designate not more than six such positions as exempted.
Prohibits the delegation of such presidential authority.
Part B - Reserve Forces
Authorizes end strengths for reserve components of the armed forces for FY 1991.
Prescribes end strength reductions or increases based on the number of units of the Selected Reserve component on active duty.
Authorizes the Secretary to reallocate the reserve forces in order to meet national security requirements.
Prescribes the number of personnel authorized to be on active duty in support of reserve personnel for fiscal years 1992 and 1993.
Authorizes the Secretary to assign active component members to reserve units to meet the requirements of the reserve components.
Provides that, in implementing reductions in end strengths for reserves on active duty in support of the reserves, no reserve member serving in such capacity may be involuntarily separated.
Authorizes the Secretary to exceed end strengths, as determined necessary.
Limits to two percent of the reserve forces serving during a fiscal year the number of reserve personnel authorized to be serving in support of the reserves.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal an increase under such Act in the number of members in certain grades authorized to be on active duty in support of the reserves.
Part C - Military Training Student Loads
Authorizes the average military training student loads for FY 1991. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act.
Part D - Authorization of Appropriations
Authorizes appropriations for FY 1991 to DOD for military personnel.
Part E - Civilian Personnel
Authorizes end strengths for civilian personnel of DOD for FY 1991.
Outlines provisions regarding the counting of such personnel within such end strengths (including or excluding certain personnel categories from such limitations).
Authorizes the Secretary to exceed such end strength limitation when determined necessary for the national interest.
Directs the Secretary to reduce the number of senior level civilian DOD employees, such reduction to be phased in gradually over five years beginning in FY 1992.
Title V - Military Personnel
Part A - Personnel Management Matters
Allows the Secretary to authorize the Secretary of the military department concerned, over the five-year period beginning October 1, 1990, to take specified actions designed to enhance the early retirement incentives for officer personnel.
Authorizes the Secretary concerned to reduce from three to two years the time-in-grade required for an officer to retain such grade upon a voluntary retirement effective during such five-year period.
Requires the maximum number of officers in the grade in which an officer was retired under such provision to be reduced whenever the Secretary approves such reduction in time-in-grade.
Allows the Secretary to authorize the Secretary concerned, during such five-year period, to reduce the required period of active service as a commissioned officer before retirement from at least ten years to no less than eight years.
Directs the Secretary to report to the defense committees on:
(1) the advantages, disadvantages, and desirability of initially appointing all commissioned officers in the armed forces as reserve officers; and
(2) the appropriate active duty service obligation for graduates of the service academies.
Part B - Other Matters
Revises provisions concerning Navy rations to authorize the President to prescribe the components and quantities of such ration and to replace any such rations with other articles if economy and the health and comfort of naval personnel require such action. Repeals the authority of the Administrator of the Panama Canal Commission to nominate cadets and midshipmen for appointment to the service academies.
Title VI - Compensation and Other Personnel Benefits
Part A - Pay and Allowances
Waives the automatic adjustment in military pay consistent with the FY 1991 adjustment in the General Schedule of the Federal Government, providing instead a 3.5 percent increase in the rates of basic pay, basic allowance for quarters, and basic allowance for subsistence effective January 1, 1991. Authorizes appropriations to DOD for funding permanent change of station moves in FY 1991.
Part B - Bonuses and Special and Incentive Pay
Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, to terminate the bonus installments normally due to a member who does not complete the term of enlistment for which a bonus was paid or who ceases to perform in the specialty for which a bonus was paid under the selective reenlistment bonus program.
Increases the monthly special pay authorized for optometrists in the armed forces.
Authorizes the payment of incentive pay for qualified intensive-care nurses and certified nurse-midwives.
Authorizes special pay for officers in the armed forces or the Public Health Service Corps who have been awarded a Certificate as a Diplomate in a special area of practice approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association. Provides the yearly rate of such special pay based on years of creditable service.
Part C - Travel and Transportation Allowances
Revises provisions concerning travel and transportation allowances for persons discharged or released from active duty to authorize (current law authorizes) such allowances even if such a member is not entitled to separation or readjustment pay.
Provides an allowance for dependents and baggage and household goods for members who are involuntarily discharged or released from active duty or who are not accepted for an additional tour of duty.
Repeals a provision of the Department of Defense Authorization Act, 1986 which terminated the authority for the payment of costs of labor furnished in connection with the transportation of baggage and household goods.
Authorizes the Secretary to authorize the commander of a unified combatant command to use Government owned or leased vehicles to provide transportation in an area outside the United States for civilian and military personnel and their dependents when public or private transportation in such area is unsafe or unavailable.
Authorizes a specified baggage and household goods weight allowance for cadets and midshipmen in connection with a change of temporary or permanent station.
Part D - Other Benefits
Directs the Secretary to carry out a program under which a member of the armed forces may be reimbursed for qualifying expenses incurred in the adoption of a child under 18 years of age. LImits such reimbursement to $2,000 per adoption and $5,000 per year. Provides identical provisions for members of the Coast Guard.
Part E - Transition Assistance for Persons Involuntarily Discharged or Released from Active Duty
Authorizes the payment of separation pay for a regular enlisted member of the armed forces who is discharged involuntarily or as the result of a denial of reenlistment, who has completed five or more, but less than 20, years of active service, and who is serving on at least a second enlistment.
Repeals certain current limitations on the amount of separation pay authorized.
Directs the Secretary concerned to pay the premiums for health insurance provided on a voluntary basis to a member of the uniformed services upon discharge or release from active duty for the month in which such member is discharged or released and the six months after such release or discharge in the case of any member who is involuntarily discharged or released from active duty and who has completed two or more years of continuous service.
Covers the member and his or her dependents.
Covers preexisting health conditions for one year following such discharge or release.
Provides an exception for coverage of premiums if the Secretary determines that conditions under which the person was discharged or released do not warrant such benefits.
Terminates such authority after September 30, 1995.
Provides eligibility for basic educational assistance under the armed forces or veterans' educational assistance programs for persons involuntarily discharged or released from active duty.
Provides conditions and limitations to such program.
Directs the Secretary, in consultation with the Secretaries of Labor and Veterans Affairs and the heads of other appropriate Federal departments and agencies, to conduct a program to furnish employment, education, and other information and services to members of the armed forces during the 180 days before such members are involuntarily separated from the armed forces.
Requires such services to assist such members in assimilating to civilian life.
Outlines services and activities to be provided under such program.
Requires the Secretary, within the 180-day period prior to such discharge or release, to:
(1) notify the member of the date of separation; and
(2) brief such member on the availability of the benefits and services provided under the information program.
Authorizes the Secretary to utilize disabled veterans' outreach program specialists, veterans' employment representatives, other employment services personnel, and representatives of veterans' services organizations to furnish the employment and training information and services under the program.
Authorizes the Secretary to enter into contracts to provide such program.
Requires coordination of such program with similar veterans' programs.
Provides that, in the preparation for discharge or release from active duty of members stationed outside the United States whose dependents accompanied them, the Secretary shall to the extent feasible reassign the member and their dependents to the United States for the final three to six months of such member's tour of active duty.
Urges and requests the President to establish a special committee to report to the Congress, the President, and the Secretary regarding effective and practical ways of encouraging civilian employers to cooperate with and assist the Government in providing employment training and job placement services to members being involuntarily discharged or released from the armed forces.
Repeals current Federal law which:
(1) prohibits a Federal employee from being entitled to unemployment compensation before the fifth week after discharge or release; and
(2) limits the aggregate amount of compensation payable on the basis of Federal service in any benefit year.
Title VII - Health Care Provisions
Prohibits a reduction in the number of medical personnel serving on active duty or in the reserve components of the armed forces below the number serving on September 30, 1989, unless the Secretary:
(1) certifies to the defense committees that the number being reduced is excess; and
(2) includes in the certification certain information concerning current and projected requirements of medical personnel in the armed forces.
Authorizes the United States to recover from third party insurance providers the reasonable costs for health care services (currently, only inpatient hospital care) provided in military medical facilities for retired military personnel and their dependents.
Repeals a provision of the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) which denies as a covered medical expense the services of pastoral counselors, family and child counselors, and marital counselors.
Extends through 1994 (currently, 1990) a demonstration program under which health care is furnished to military personnel and their dependents in certain Public Health Service hospitals as part of a cost-comparison study.
Authorizes the provision of pap smears and mammograms under CHAMPUS when provided on a diagnostic or preventive basis.
Title VIII - Acquisition Policy and Management
Part A - Defense Industrial and Technology Base
Requires the inclusion in the annual critical technologies plan of information on each program element for which funds are budgeted for the support of the development of any critical technology identified.
Establishes the Critical Technologies Institute (Institute) as a federally-funded research and development center operated via a nonprofit membership corporation.
Requires the Institute to:
(1) survey private and Government views on each critical technology identified in the most recent report of the National Critical Technologies Panel, as well as each technology that the Institute considers critical;
(2) on the basis of such surveys, identify national objectives for the research, development, and production capability of the United States with respect to such technologies, as well as the preparation of possible strategies for achieving the identified objectives; and
(3) publish reports discussing such national strategies as well as their implementation.
Requires the Director of the Office of Science and Technology to sponsor the Institute to enter into an agreement with the Institute's Board of Directors to perform such functions as the Director may specify, and to permit the Institute to perform functions for member agencies of the Federal Coordinating Council on Science, Engineering, and Technology Policy that are consistent with their functions.
Provides deadlines and funding.
Authorizes appropriations.
Directs the Secretary, acting through the Under Secretary of Defense for Acquisition, to:
(1) provide centralized DOD policy guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; and
(2) direct the development and implementation of DOD plans and policies promoting the development and application of advanced technologies to manufacturing processes, tools, and equipment.
Requires the Secretary to develop and implement a National Defense Manufacturing Technology Plan (Plan) to provide such guidance and policy for defense manufacturing, as well as assure its implementation by defense agencies and other related Federal agencies.
Requires the Secretary to establish within DOD a consolidated Joint Manufacturing Technology Project, headed by a Director who shall be responsible for the planning and execution of all DOD activities relating to manufacturing technology except those activities specifically delegated to another agency.
Requires the Secretary to enhance basic research in scientific disciplines relating to manufacturing technology by promoting research and creating technology transfer in such field.
Directs the Secretary to promote the use of computer-integrated manufacturing in order to improve manufacturing quality, reduce manufacturing costs, and reduce production lead times.
Directs the Secretary to use manufacturing extension programs to help small manufacturers to disseminate DOD manufacturing concepts.
Provides that, if the the Secretary of Commerce undertakes to develop model programs for national defense laboratories, the Secretaries of Defense and Energy shall assist such Secretary in the development and implementation of such programs.
Provides, with respect to the the development and implementation of national defense laboratories, for:
(1) covered model programs and their participants;
(2) cooperative and joint activities by the directors of such laboratories; and
(3) the use of partnership intermediaries for the performance of laboratory services.
Requires reimbursement to the Secretary of Commerce for expenses incurred by such Secretary regarding such model programs, with a fiscal year limitation of $50,000.
States that provisions of a contract to operate a Government-owned laboratory under a cooperative research and development agreement for the purpose of technology transfer:
(1) may only include provisions specifically required or demmed necessary by the head of the agency involved;
(2) cannot condition such agreements upon the issuance of agency waivers of rights to inventions and other intellectual property discovered during the research; and
(3) may not operate to discourage other provisions of Federal law intended to foster technology transfer.
Directs the Secretary of Defense to prescribe regulations governing the payment by DOD of independent research and development costs or bid and proposal costs.
Requires that, when such costs exceed $7,000,000 to a person in a fiscal year, the Secretary and such person shall enter into an advance agreement regarding the manner and extent to which DOD may pay such costs.
Authorizes changes to such price limitation to reflect changing economic indices.
Directs the Secretary to report to the defense committees annually on the defense industrial base of the United States, actions taken to improve such base, and the effects of defense budgets on the ability of the base to meet national security needs.
Requires inclusion of the Under Secretary's analysis of the ability of U.S. businesses to conduct research, apply technologies, and maintain and expand such industrial base when necessary.
Part B - Acquisition Streamlining Initiatives
Calls for the use of multiyear defense acquisition contracts if their use will result in substantial savings of total anticipated costs of carrying out the program through annual contracts.
Requires multiyear contracts to be used unless the Secretary finds the use of annual contracts to be in the national interest.
Requires DOD to conduct market research to determine whether nondevelopmental items (commercial products not uniquely designed for other purposes) are available or could be easily modified to meet the needs of the procuring military department or defense agency.
Directs the Secretary to prescribe streamlined procedures for the acquisition of commercial products which will enhance the ability of DOD to take advantage of the competitive marketplace, short delivery time, market-driven efficiency and innovation, and high-value products that are available in the commercial market.
Requires offerors of commercial products to demonstrate that their products have achieved a suitable level of market acceptance, have been satisfactorily supplied, and otherwise meet criteria prescribed by public notice and solicitation.
Requires the use of past performance of products and sources as a factor in award decisions.
Directs the Secretary to conduct a test program to determine the feasibility and desirability of using two sets of procedures for the procurement of commercial products by DOD. Outlines requirements of the test program.
Requires each participating component to publish each list of commercial products that may be procured under the procedures established.
Authorizes the participating component to solicit participation by interested persons in a list of sources to be prescribed under the test program.
Requires the Secretary to prescribe procedures for a source to protest a decision not to be placed on such source list.
Requires such regulations to prescribe the minimum number of qualified sources that must be included on a source list.
Provides for a participating component to issue solicitations for the procurement of commercial products from the sources appearing on the list.
Provides solicitation rules and procedures.
Requires the Comptroller General to report to various congressional committees an evaluation of the test program.
Requires the head of any participating component to make available to the Comptroller General data on contracts awarded under the test program.
Requires interim and final regulations covering actions under the test program to be proposed and published by the Secretary. Authorizes the Secretary to submit to the Congress proposed legislation regarding any provision of law that the Secretary considers an unnecessary restriction on the acquisition of commercial items.
Amends the Federal Property and Administrative Services Act of 1949 to require that the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy Act ensures that:
(1) requirements of executive agencies with respect to the procurement of supplies are stated so that nondevelopmental items (commercially available, and not specially-made) may be procured; and
(2) executive agencies conduct market research to determine whether nondevelopmental items are available or could be modified to meet agency needs.
Requires the Regulation to include a simplified contract for the acquisition of commercial items by Federal agencies.
Requires that such simplified contract be utilized to the maximum extent possible.
Outlines simplified uniform contract provisions and requirements.
Directs the Regulation to require contractors and subcontractors offering commercial items to submit certified cost or pricing data only when necessary to determine price reasonableness.
Outlines issues to be addressed or items to be included in the revised Federal Acquisition Regulation with respect to the acquisition of nondevelopmental or commercially-available items for defense agencies.
Directs the Administrator of the Office of Federal Procurement Policy to issue guidelines for the training by executive agencies of contracting officers, program managers, and other appropriate acquisition personnel in the acquisition of nondevelopmental items.
Requires the promotion of nondevelopmental item acquisition.
Requires regulations and reports in conjunction with the provisions of this section.
Redefines the "small purchase threshold" (the price at which a purchase will still be considered a small purchase for purposes of defense acquisition policies and regulations) as $25,000, adjusted on October 1 of each year divisible by five to the amount equal to $25,000 in constant FY 1990 dollars (rounded to the nearest $1,000).
Makes conforming changes to such amount in various Federal provisions and Acts concerning Government procurement generally, as well as to the Small Business Act and the Solid Waste Disposal Act. Authorizes an Assistant Secretary of Defense performing acquisition responsibilities to serve on, and attend meetings of, the Federal Acquisition Regulatory Council in place of the Under Secretary of Defense for Acquisition. Directs the Secretary to prescribe regulations to ensure that, before full-scale development of a major defense program is initiated, there is an acquisition strategy that includes a plan for the use of competitive alternative sources for such program and each major subsystem of such program if use of two or more sources:
(1) would likely result in reduced costs and would not result in unacceptable delays; and
(2) is otherwise in the national security interest of the United States. Directs the Secretary to authorize the head of a defense agency to consider life-cycle costs as a factor in determining the lowest overall cost with respect to contracts awarded without discussions.
Increases from $100,000 to $500,000 the certified cost or pricing data threshold.
Directs the Secretary to require a review on the reasonableness of the contract, subcontract, or pricing adjustment when cost or pricing data is not required because the expected price is not expected to exceed $500,000.
Authorizes the Secretary to conduct a pilot program to determine the potential for increasing the efficiency and effectiveness of the acquisition process in major defense acquisition programs.
Authorizes the Secretary to designate no more than six major defense acquisition programs for participation in the pilot program.
Directs the Secretary to designate each participating program as a defense enterprise program.
Directs the Secretary to publish proposed regulations to implement the pilot program and an invitation for public comment on the proposed regulations.
Prescribes procedures for the waiver or limitation of certain acquisition laws or requirements with respect to programs participating in the pilot program.
Requires the Secretary to notify the defense committees of each major defense acquisition program proposed to be designated by the Secretary for participation in the pilot program, as well as any laws or requirements to be waived with respect to such major defense acquisition program under the pilot program.
Limits the waiver authority with respect to each program.
Terminates such waiver authority as of the end of FY 1992.
Establishes in the legislative branch the Advisory Panel on Streamlining and Codifying Acquisition Laws to:
(1) review U.S. acquisition laws with a view toward streamlining the Federal acquisition process;
(2) recommend the repeal or amendment of appropriate acquisition laws; and
(3) prepare a proposed code of Federal acquisition laws.
Requires the Panel to secure from DOD and other departments and agencies necessary information to carry out its responsibilities.
Terminates the Panel 90 days after it submits its final report to each House of the Congress and the President. Earmarks specified FY 1991 amounts appropriated to the defense agencies under this Act for the Panel's use.
Authorizes the payment of overseas severance pay as an allowable defense contractor cost when it is determined that such pay is:
(1) necessary to comply with laws in effect on the date of the contract award and generally applicable to businesses of such country; and
(2) in the national interest of the United States. Directs the Secretary to prescribe regulations to ensure that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services to be provided.
Authorizes the Secretary to waive certain task order limitations on a case-by-case basis.
Limits the effect of such waiver on task order increases under master agreements of a contracting activity.
Part C - Acquisition Workforce
Authorizes the head of an executive agency, upon a finding that it is difficult to recruit qualified persons for appointment to a particular scientific, engineering, professional, or managerial position, to request from the Director of the Office of Personnel Management (OPM) a waiver of penalties for continued Government service after retirement to any person appointed to such a position.
Limits such waiver authority to 1,500 executive personnel.
Directs the Secretary to prescribe regulations for the management of the acquisition workforce of DOD. Allows the payment of certain expenses related to the death of employees reassigned from their home of record pursuant to a mandatory mobility agreement which was executed as a condition of employment.
Authorizes the Director of OPM, in order to recruit and retain employees for executive branch positions for which there is a current or anticipated shortage of qualified personnel, especially in the critical skills areas, to establish a program for the heads of executive agencies to furnish financial assistance to enable an agency employee to obtain:
(1) an academic degree necessary to qualify educationally for appointment to a particular position; or
(2) an academic degree which would enhance the employee's ability to serve the Federal Government. Outlines financial assistance provisions and conditions.
Terminates the authority for entering into such agreements after September 30, 1993.
Provides an optional performance rating exclusion for certain temporary DOD employees.
Repeals certain restrictions on the appointment of retired military personnel to positions in DOD. Authorizes increases in the special pay payable to DOD employees on the basis of duty performed at remote worksites.
Authorizes the Director of OPM, in order to recruit and retain highly qualified personnel for scientific, engineering, and professional positions in DOD, to establish a program under which the Head of an executive agency repays the student loan of a DOD employee who enters into an agreement with the agency head to remain in the employ of DOD for a specified period (minimum of three years).
Limits the student loan repayment to $6,000 in a calendar year and $40,000 total per student.
Requires reimbursement by the employee of any loan paid for which the applicable period of employment agreed upon was not served.
Waives such reimbursement in certain instances.
Outlines other loan repayment conditions.
Requires that, in selecting employees for such student loan repayment program, the agency head shall attempt to achieve a balanced workforce in which women and members of racial and ethnic minorities are appropriately represented in Government service.
Requires the Comptroller General to report to the Congress on the exercise of the degree training or student loan repayment authority.
Authorizes the Director of OPM to allocate and reallocate among the executive departments and agencies critical-position pay authority for not to exceed a Government-wide total of 800 positions.
Limits the Executive Schedule rating that any such critical position may be given by the head of an agency.
Directs the agency head, in determining whether a position is critical, to consider the extent to which:
(1) the position requires a high level of expertise;
(2) additional compensation is necessary to recruit or retain exceptionally qualified individuals; and
(3) the position is critical to the agency's successful accomplishment of an important mission.
Requires OPM to establish a Critical Position Advisory Panel to make recommendations on criteria of, and qualifications for, critical positions.
Amends the Ethics Reform Act of 1989 to extend the suspension of certain post-employment restrictions regarding Federal procurement until May 31, 1991.
Requires the Director of OPM to:
(1) designate one or more agencies to conduct one or more demonstration programs for evaluating alternative personnel management systems for scientific, engineering, technical support, and managerial positions in national laboratories of the Federal Government;
(2) jointly develop each demonstration program with the head of the appropriate agency; and
(3) require the appropriate agency head to implement such demonstration program.
Requires the agency head to designate:
(1) the laboratories that are to be involved in the demonstration programs; and
(2) the positions to be covered by the alternative personnel management system.
Outlines demonstration program conditions and requirements.
Requires the classification of employee positions in occupational groups.
Provides pay ranges for each occupational group.
Requires the agency head to prescribe the criteria for establishing the initial rate of basic pay for employees appointed to a position covered by the alternative personnel management system and for increasing such rate of pay within such range.
Requires each alternative system to provide for differential pay for managerial and supervisory personnel within such system.
Provides for the payment of cash awards for meritorious service, recruitment and retention bonuses, and reasonable travel expenses for new appointees and prospective candidates.
Provides application and appointment procedures.
Requires performance evaluations of each employee chosen under such system.
Limits program costs for personnel costs incurred under each alternative system.
Requires program and project reviews and reports.
Part D - National Defense Stockpile
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to revise the acquisition and disposal authority of the National Defense Stockpile Manager under such Act. Repeals the authority of the Manager to make certain stockpile disposals during FY 1991.
Directs the Secretary to transfer certain unobligated funds from the National Defense Stockpile Transaction Fund to an account established for the purpose of supporting advanced defense research projects provided for in cooperative agreements.
Makes moneys available in the Fund available for managing and maintaining stockpile materials.
Part E - Miscellaneous
Expresses the sense of the Congress that:
(1) the United States and Japan should strengthen their cooperation with regard to technology that would contribute to the security of both countries;
(2) technological cooperation between the two countries should be based upon an equitable mutual sharing of the costs and benefits of such cooperation; and
(3) the Secretary should improve the staffing, funding, and organization of activities within DOD which are responsible for implementing and overseeing technological cooperation with Japan. Requests the President and directs the Secretary to pursue such technological cooperation, especially in those technologies that have both commercial and military application (known as "dual use" technologies).
Earmarks specified FY 1991 R&D funds for pursuing such cooperation through the use of a memorandum of understanding or other formal agreement with Japan. Provides funding conditions.
Limits the authority of the Secretary to delegate certain authority required pursuant to such actions.
Prohibits the use of any earmarked R&D funds for R&D under SDI. Urges the Secretary to increase staffing in the Office of the Deputy Under Secretary of Defense for International Programs to provide oversight of the joint R&D projects of the United States and Japan under this part.
Establishes the Commission on the Consolidation and Conversion of Defense Research and Development Laboratories to conduct a study to determine the feasibility and desirability of various means to improve the operation of DOD laboratories.
Terminates the Commission 90 days after submission of its final report to the Secretary. Directs the Secretary, on a continuing basis, to:
(1) identify actions which DOD can take to increase the capabilities of U.S. educational institutions in scientific, mathematic, and engineering skills necessary to meet the long-term national defense needs of the United States; and
(2) establish and conduct programs to carry out such actions.
Requires the Secretary to designate an individual to assist the Secretary in carrying out such responsibilities.
Requires the Secretary to establish no less than two programs for awarding grants to public colleges or universities for the improvement of undergraduate or graduate education in scientific disciplines critical to the national security functions of DOD. Requires the Secretary to give priority to programs which stimulate interest of women and minorities in such areas of educational endeavor.
Requires each defense laboratory director to enter into one or more education partnership agreements with public school systems, colleges, and universities to encourage and enhance study in scientific disciplines at all levels of education.
Outlines partnership agreement provisions.
Authorizes the directors to establish, in association with such programs, cooperative work-education programs for undergraduate and graduate students.
Outlines work-education program provisions.
Authorizes the Secretary of Energy to establish programs and award grants to enhance mathematics, science, and engineering education of students in elementary, secondary, and higher education classes.
Directs an agency head, in any case where it is determined that the request of a contractor for advance, partial, progress, or other payment under a contract awarded by that agency is fraudulent, to suspend further payments under such contract unless such suspension would unduly interfere with or jeopardize a law enforcement investigation.
Directs the Secretary of Defense to establish a branch office of the Defense Advance Research Projects Agency (DARPA) in Japan. Outlines functions of such branch office.
Requires the Secretary to issue a regulation to provide that mass transit costs incurred by contractor employees in commuting to a place of performance of a DOD contract may be treated in the same manner as parking costs of contractor employees under such a contract.
Limits the amount of such transit costs covered.
Directs the Secretary to establish a Mentor-Protege Pilot Program in order to provide incentives to major DOD contractors (mentors) to furnish assistance to help disadvantaged small businesses (proteges) perform as contractors and suppliers under DOD contracts.
Outlines program conditions and requirements.
Requires an agreement between the mentor and the protege regarding the assistance to be furnished.
Outlines agreement provisions and forms of assistance, including general business management and engineering and technical matters assistance.
Allows the noncompetitive awarding of subcontracts to the protege, progress payments, loans, and other assistance.
Directs the Secretary to provide for the reimbursement of a mentor for the total amount of any progress payment made under the pilot program, as well as for advance payments and the costs of other assistance.
Provides credit to mentors for costs incurred on behalf of a protege that are not reimbursed.
Prohibits a mentor from requiring a business concern to enter into a mentor-protege agreement as a condition to the awarding of a contract or subcontract.
Requires the pilot program to be conducted between October 1, 1991, and September 30, 1995.
Title IX - Department of Defense Organization and Management Matter
Part A - Force Structure
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to reduce the end strength under such Act for military personnel assigned to duty in Europe. Authorizes the President to waive such force limitations in the national interest as long as the Congress is notified.
Requires the Secretary to reduce by four percent per year for FY 1991 through 1995 the number of DOD acquisition workforce employees, as well as the number of military and civilian employees assigned to management headquarters activities and headquarters support activities.
Requires the Secretary and the Director of Central Intelligence to conduct a joint review of all intelligence-related activities under certain national and foreign intelligence programs.
Reduces the number of personnel assigned or detailed to such intelligence programs.
Establishes for FY 1991 a special account to be managed by the Chairman of the Joint Chiefs of Staff (JCS) and used to provide funds to commanders of the unified and specified combatant commands and the U.S. Commander of the North American Aerospace Defense Command for listed activities.
Provides funding amounts and limitations.
Part B - General Management Matters
Directs the Secretary to conduct a study to determine mobility requirements for the armed forces and to develop an integrated plan to meet those requirements. Requires a report. Eliminates the statutory position of the Chief of Naval Research.
Title X - Strategic Environmental Research Program
Directs the Secretary to establish the Strategic Environmental Research Program to address environmental concerns in the Departments of Defense and Energy, identify energy and environmental technologies, and provide information on such concerns and technology development.
Establishes a Joint Strategic Environmental Research Program Council to prescribe policies and procedures to implement the Program and to enter into contracts, prepare research plans, promote the exchange of information, and ensure nonduplication of efforts with other Federal programs.
Requires Council reports and a five-year strategic environmental research plan.
Places an Executive Director at the head of the Council. Requires such Director to be responsible for the management of the Program and to enter into appropriate contracts.
Requires the Secretaries of Defense and Energy to jointly appoint a Strategic Environmental Research Program Scientific Advisory Board. Requires the Council to refer to the Board each proposed environmental research project and each budget proposal for R&D of technologies related to such activities which are in excess of $1,000,000.
Requires the Board to then make recommendations with respect to the efficacy and justification of each such project and budget proposal.
Requires Board reports.
Provides due dates for Council and Board reports.
Earmarks specified R&D funds authorized under this Act for the Program and its activities.
Provides that whenever a DOD facility is proposed to be listed on the National Priorities List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, the Secretary of Defense shall enter into an interagency agreement with the Administrator of the Environmental Protection Agency for a procedural framework and a schedule for developing, implementing, and monitoring appropriate environmental response actions in accordance with such Act.
Title XI - Drug Interdiction
Earmarks specified drug interdiction and counterdrug activities funds authorized under this Act for drug interdiction and counterdrug activities for FY 1991 in the following areas:
(1) operations and maintenance;
(2) procurement;
(3) National Guard Bureau pay and allowances;
(4) research, development, test, and evaluation; and
(5) minor construction.
Authorizes the Secretary to provide support to such activities in other Federal departments and agencies if requested and if funds are available.
Provides purposes and activities for which such funding is to be utilized.
Authorizes the Secretary to plan and execute otherwise valid military training or operations in order to aid civilian agencies in drug interdiction and counterdrug activities.
Directs the Secretary to review the availability of equipment resulting from the withdrawal of U.S. forces from Europe and Asia in order to identify excess equipment that may be suitable for drug enforcement activities for transfer to State and local civilian law enforcement authorities.
Expresses the sense of the Congress that the Secretary of Defense and the Chairman of the Joint Chiefs of Staff must continue to emphasize DOD's commitment to combating illegal drugs so that the entire chain of command ensures that available funds are utilized fully and effectively to maximize the military's contribution to the national counter-drug efforts.
Requires a report from the General Accounting Office to the defense committees on DOD's counternarcotics budget.
Directs the Secretary to conduct a study on the feasibility and effectiveness of utilizing OH-58D Scout helicopters for detecting, monitoring, and conducting surveillance of the ground movements of drug smugglers along the southwest border of the United States. Requires the Secretary to consult with the Commissioner of the U.S. Customs Service in conducting such study.
Requires the Secretaries of State and Defense, in consultation with the Director of the Office of National Drug Control Policy, to report to the Congress detailing current U.S. policies, anti-narcotics enforcement activities, and associated training programs in the region of the Andes. Expresses the sense of the Congress that the President should call for international negotiations for the purpose of agreeing on the establishment of an international strike force to counter major international drug traffickers, as proposed by Prime Minister Manley of Jamaica.
Title XII - General Provisions
Part A - Financial and Budget Matters
Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in Division A of this Act between any authorizations contained therein for FY 1991.
Provides transfer limitations.
Requires congressional notification of any such transfers.
Limits the amount authorized to be appropriated to DOD for FY 1991 for military personnel, operations, and maintenance.
Authorizes the Secretary to submit to the Congress a six-year defense program in lieu of a five-year plan.
Requires the Director of Central Intelligence to submit to specified congressional committees annually the current five-year foreign intelligence program reflecting the estimated expenditures and proposed appropriations required to support such program.
Allows the Director to submit a six-year plan in lieu of the five-year plan.
Revises provisions concerning the formats for presentation of DOD matters in the annual budget submitted to the President and the Congress. Authorizes additional appropriations to:
(1) the Army for FY 1991 for procurement of the Nuclear Biological, Chemical Reconnaissance System;
(2) the Navy for procurement of the Battle Group Passive Horizon Extension System;
(3) the Air Force for missile procurement and for additional R&D; and
(4) the defense agencies for R&D for single-pulse excimer laser technology.
Revises procedures concerning the availability and control of appropriation accounts available for a definite period, closing such accounts on the last day of the fifth fiscal year after the period of availability ends.
Provides that, after such an account is closed, it shall remain available for recording, adjusting, and liquidating obligations properly chargeable to that account.
Outlines further provisions concerning charges made to such appropriation accounts.
Requires obligations from such accounts in excess of specified amounts to be made only if the agency head involved has made certain certifications to the Congress. Provides that any audit requirement, limitation on obligations, or reporting requirement that is applicable to an appropriation account shall remain applicable after the end of the period of availability of that account.
Requires the head of each Federal agency to provide a report to the President and the Department of the Treasury on the unliquidated obligations, unobligated balances, and adjustments made to such accounts during the completed fiscal year.
Provides that an appropriation account available for an indefinite period shall be closed and remaining obligated or unobligated balances shall be canceled and shall not be available for any purpose:
(1) when the head of the agency concerned or the President decides that the purposes for which the appropriation was made have been carried out; and
(2) when no disbursement is made against the appropriation for two consecutive fiscal years.
Requires the Comptroller General to make certain reports concerning both types of appropriation accounts (accounts available for definite or indefinite periods).
Restores certain unobligated amounts and cancels certain unobligated and obligated balances from specified accounts.
Part B - Miscellaneous Matters
Requires the President to report on U.S. security arrangements and commitments worldwide.
Revises reporting requirements with respect to special access (classified) programs of DOD. Expresses the sense of the Congress with respect to the addition of more nuclear risk reduction measures.
Commends the Presidents of the United States and the Soviet Union for their joint statements on the pursuit of additional nuclear confidence-building measures.
Asks the President to invite the Soviet Union to conduct reviews and enter into discussions in order to agree on additional roles and functions that could be assigned to the Nuclear Risk Reduction Centers to lessen the risks of the accidental outbreak of nuclear war.
Earmarks specified R&D funds for making a grant for the support of research by emigrants from the Soviet Union, Eastern Europe, and Cuba regarding political, economic, social, and other developments in those countries.
Directs the Secretary, acting through the Office of Economic Adjustment of DOD, to:
(1) identify each community likely to experience significant economic dislocation as a result of reductions in programs, projects, and activities of DOD;
(2) transmit to the governments of each such community advance notification of the planned reductions, including an estimate of the number of jobs that will be lost;
(3) transmit to the President a list of such communities; and
(4) make community planning assistance grants to such communities to assist them in planning for economic diversification likely to minimize the adverse economic effects of such DOD reductions.
Requires such communities to be identified in DOD budget proposals for FY 1992 and thereafter.
Directs the Secretary of Commerce to furnish similar community adjustment assistance under the Public Works and Economic Development Act to communities receiving such notification.
Requires the Administrator of the Small Business Administration to furnish assistance to small businesses that derive a significant portion of their gross revenues from the direct and indirect furnishing of goods and services to DOD and that are adversely affected by DOD reductions.
Directs the Secretary of Labor to furnish retraining, job placement, and relocation assistance to workers affected by such reductions pursuant to the Job Training Partnership Act. Requires the President to include funding levels for all such activities in the budget submitted to the Congress, together with justifications.
Expresses the sense of the Congress that, in order to ensure that such programs are carried out effectively, the President should:
(1) direct the President's Economic Adjustment Committee to carry out coordinating and oversight activities with respect to budget requests and the furnishing of assistance under such programs; and
(2) implement a systematic, continuous procedure to collect and analyze information necessary to evaluate the adequacy and sources of industrial capacity and capability essential to national security strategy.
Authorizes appropriations.
States that the Air Force should complete development of weapons and weapon systems having standoff attack capability (the ability to attack highly defended targets while minimizing risk to U.S. forces) and, upon completion of their development, proceed with production of such weapons.
Repeals a provision of the Department of Defense Authorization Act, 1985, providing for Federal claims against defense contractors for liability for injury or loss of property arising out of atomic weapons testing programs.
Provides that, if current statutes of limitations have run against the filing of claims, such actions shall not be barred if brought within one year after enactment of this Act. Provides that the United States will indemnify and guarantee payment to any claimant receiving a favorable judgment in cases brought within the time limitation and decided in favor of such claimant.
Indemnifies and guarantees payment to any contractor successful in defending such an action against a claimant.
Directs the Secretary to transmit to the defense committees, as part of the request for authorizations of appropriations for FY 1992, a report of an analysis of the merits of utilizing as a dedicated NATO training facility a military installation in the United States which would otherwise be subject to closure or realignment.
Authorizes the Secretary of the Army to replace or restore property of a contractor which was lost or damaged during Operation Just Cause if such losses or damages were caused by U.S. military activities there.
Amends the National Defense Authorization Act for Fiscal Year 1987 to direct the Secretary of Defense to establish a specific goal for the award of prime contracts and subcontracts to historically Black colleges and universities and minority institutions in order to increase participation of such colleges and universities in defense research programs.
Directs the Secretary to furnish technical and infrastructure assistance to such colleges and universities.
Directs the Secretary to carry out such programs at institutions that agree to bear a substantial portion of the cost associated with the programs.
States that, as of the enactment of this Act, all responsibilities and activities of the Secretary of Energy and his department with respect to medical and environmental programs in the Republic of the Marshall Islands shall be managed, controlled, and conducted through the Office of Environment, Safety and Health of DOE. Authorizes the President to restrict the importation of goods and services to the United States from any nation which continues to maintain economic relations with Iraq. Establishes the Presidential Advisory Committee for Policy Toward Cuba to provide advice and recommendations relating to all aspects of U.S. policy toward Cuba. Authorizes appropriations.
Terminates the Committee three years after enactment of this Act. Amends the Foreign Assistance Act of 1961 to state that the Congress recognizes the need for U.S. action caused by the Soviet economic blockade of Lithuania which has caused great suffering among the Lithuanian people, especially with regard to a severe shortage of medical supplies and the basic necessities of life.
Directs the Administrator of the Agency for International Development to furnish humanitarian assistance for the Lithuanian people, solicit private donations for such assistance, and cooperate with private relief agencies attempting to provide such aid.
Authorizes the Commander-in-Chief of U.S. Transportation Command to provide airlift and sealift to transport such humanitarian supplies on a regular basis.
Authorizes appropriations.
Urges the President to begin negotiations with countries surrounding Lithuania regarding the importation of critical humanitarian assistance.
Makes it unlawful for any person to make, with intent to influence, any oral or written communication on behalf of any person other than the United States to any department, agency, court, House of Congress, or Commission of the United States for compensation if such compensation has knowingly been made dependent upon action by the Congress, the securing of an award, or securing or denying Federal assistance.
Provides civil and criminal penalties for violations of such prohibition.
Authorizes the Attorney GEneral to bring appropriate suits to enforce such prohibition.
Part C - Miscellaneous Studies and Reports
Directs the Secretary to conduct studies to determine the feasibility and desirability of:
(1) permitting NATO toutilize military installations of the United States being closed for training and exercise purposes; and
(2) permitting civilian commercial aircraft to have access to restricted military airspace in order to enhance commercial aviation safety, improve air traffic control efficiency, and reduce the impact of aviation noise on populated areas.
Requires reports in connection with both studies.
Authorizes the Ranch Hand Advisory Committee (a Committee studying possible long-term health effects of exposure to phenoxy herbicides and contaminants) to consult directly with, and provide information and recommendations to, Department of the Air Force scientists conducting the Ranch Hand Study. Requires annual reports.
Part D - Congressional Findings; Policies; and Commendations
Expresses the sense of the Congress that the President should provide for certain key congressional representatives to be given an annual overview presentation of U.S. top-level military strategy and its implementation by strategic forces, including the impact on targeting requirements, resources, and force structure.
Expresses the sense of the Senate that:
(1) the United States should pursue stabilizing strategic arms reduction agreements while maintaining a vigorous research and development and modernization program for strategic forces; and
(2) before the conclusion of a proposed Strategic Arms Reduction Treaty between the United States and the Soviet Union, the President should provide a special classified and unclassified report to the Senate on whether the SS-23 INF missiles of the Soviet Union and the Soviet Krasnoyarsk radar constitute violations of the INF or ABM Treaties and whether such weapon or system will be destroyed or dismantled.
Expresses the sense of the Congress that:
(1) the proliferation in developing countries of ballistic missiles and chemical and nuclear weapons technology are potentially destabilizing, a threat to U.S. security commitments, and a threat to U.S. friends and allies;
(2) specified SDI funds should be earmarked for the development of anti-tactical ballistic missiles (ATBM) to co unter such threats to U.S. forward deployed and projected forces;
(3) the SDI Organization should ensure that the Navy and Marine Corps are involved in developmental programs for future ATBM systems;
(4) the ARROW ATBM system should be continued;
(5) specified Army R&D funds should be used to test the PATRIOT II system; and
(6) the Army should establish a vigorous program to develop and rapidly test a rapidly deployable ATBM capability for U.S. units.
Expresses the sense of the Congress that:
(1) the Secretary of Defense should make public any recommendations regarding the closure of U.S. military installations outside the United States; and
(2) the closure of such installations should be accomplished at the discretion of the Secretary at the earliest opportunity.
Expresses the sense of the Senate that DOD should consult closely with authorities in the Republic of Germany with a view to closing U.S. facilities located in municipal areas with high property values.
Expresses the sense of the Senate that:
(1) the earthquake relief assistance provided by U.S. military forces to the Philippine people following a July 16, 1990 earthquake has played an essential role in their recovery from such incident; and
(2) U.S. military personnel and their dependents who have assisted in Philippine earthquake relief should be commended by the U.S. Senate. Recognizes and commends the efforts of the Battle of the Bulge Historical Foundation to provide for the installation of a special gallery at the U.S. Army Museum at Fort Meade, Maryland, devoted to the collection, preservation, and exhibition of military artifacts relating to such battle.
Expresses the sense of the Congress that General Matthew Bunker Ridgeway receive the Congressional Gold Medal in honor of his extraordinary service as a military commander and leader during World War II and the Korean Conflict.
Part E - 82nd Airborne Division Association Incorporated
Grants a Federal charter to the 82nd Airborne Division Association, Incorporated, a nonprofit Illinois corporation. States the powers, objects, and purposes of the Corporation, including: (1) perpetuating the memory of members of the 82nd who fought and died for our nation; (2) providing educational assistance to qualified children of current and former members; (3) promoting civic and patriotic activities; and (4) promoting the indispensable role of airborne defense in our national security.
Part F - Missile Technology
Missile Technology Control Act of 1990 - Amends the Arms Export Control Act to set forth measures the United States shall take to improve the control and reduce the proliferation of missiles and missile technology and equipment.
Directs the President to deny Government contracts and licenses to any domestic or foreign firm or entity that has transferred missile equipment or technology in violation of the Missile Technology Control Regime (MTCR). Authorizes the President to waive such sanctions in the interest of national security, if the President makes certain certifications to the Congress. Prohibits the U.S. Government from assisting any missile program of the People's Republic of China or permitting the export or shipment of U.S. satellites for launch on Chinese space launch vehicles unless the President certifies to the Congress that China has not supplied missiles, missile equipment and technology, or chemical or biological weapons to specified Mideast countries and has provided reasonable assurances that no future such sales are planned.
Requires the Secretary to report to the Congress biennially on:
(1) international transfers of aircraft which the Secretary believes may be intended to be used for the delivery of nuclear, biological, or chemical weapons; and
(2) international transfers of missiles and missile technology and equipment to specified Mideast countries and other countries seeking to acquire such equipment or technology in violation of MTCR principles, with specified exceptions.
Directs the President to deny all export licenses for the transfer of munitions or missile equipment and technology to a country that attempts to acquire missile equipment and technology that contribute materially to the development of missile systems capable of deliverying at least a 500-kilogram payload to a range of at least 300 kilometers.
Authorizes the President to waive or remove such sanctions in specified circumstances.
Title XIII - Elimination and Modification of Reports Required By Law
Part A - Repeal of Existing Report Requirements
Repeals various reporting requirements under Federal armed forces and military pay and allowances provisions. Repeals specified reports and notifications required under various national defense authorization Acts, as well as under the Military Selective Service Act, the Defense Industrial Reserve Act, and the Foreign Assistance Act of 1961.
Part B - Modifications to Existing Report Requirements
Modifies specified reports currently required under Federal armed forces provisions and under the Department of Defense Authorization Act, 1985.
Part C - Report Provisions Previously Terminated by Goldwater-Nichols Act
Repeals certain reporting requirements contained in Federal armed forces provisions, National Guard provisions, military pay and allowances provisions, and specified military authorization Acts which were terminated by a provision of the Goldwater-Nichols Department of Defense Reorganization Act of 1986. Restores one reporting requirement previously terminated by such Act. Repeals the reports termination section of such Act.
Part D - Technical and Clerical Amendments
Makes technical and clerical amendments to Federal armed forces provisions.
Title XIV - Guard and Reserve Initiative
Part A - Utilization of Reserve Components
Declares that: (1) the structure and strength of the current reserve components should be preserved; (2) the equipment levels in such components should be increased to match their active-duty counterparts; (3) selective missions of active duty forces should be transferred to the reserve components; (4) equipment available to the reserves should be modernized; and (5) integration of active and reserve components should be promoted.
Part B - Force Structure
Directs the Secretary to ensure that the force structure of the Selected Reserve components during FY 1991 is equivalent to the force structure of such components on January 1, 1990.
Authorizes the Secretary to change the present force structure of the Selected Reserve in the interests of national security.
Directs the Secretary of the Air Force to ensure, through the transfer of aircraft from regular to reserve squadrons, that the average number of aircraft assigned to aircraft squadrons of the Air National Guard or the Air Reserve is equal to aircraft squadron amounts in the active duty components of the Air Force. Authorizes the Secretary to temporarily waive such requirement if its implementation would be detrimental to the national security interest.
Provides similar requirements for the Secretary of the Navy, requiring the average number of aircraft assigned to a P-3 aircraft squadron in the Naval Reserve to be equal to such number assigned in the regular Navy. Provides similar waiver authority.
Directs the Secretary of Defense to assign the tactical airlift mission of DOD to the Air Force Reserve and the Air National Guard. Directs the Secretary of the Air Force to develop a plan for the transfer of all tactical airlift transport aircraft to the Air Force Reserve and Air National Guard at the earliest practicable date and to submit such plan to the defense committees by June 1, 1991.
Prohibits any funds appropriated for fiscal years after FY 1996 from being used to operate or maintain OV-1 aircraft.
Directs the Secretary of the Army to retire such aircraft on a gradual basis from September 30, 1991, through September 30, 1996.
Requires the Secretary of the Air Force to provide each military department with flight training, fleet support, and depot maintenance with respect to all A-10 aircraft assigned to each such department.
Part C - Military Personnel
Expresses the sense of the Congress regarding use of, and funding for, the annual muster to inform Ready Reserve personnel of their continuing obligation for immediate service in the active military forces in the event of a war or national emergency.
Requires members of the Ready Reserve, as a condition of eligibility for certain military-to-civilian transitional assistance provided under current law and certain provisions of this Act, to enter into a written agreement with the Secretary of the military department concerned to serve in the Ready Reserve for three years following the person's discharge or release from active duty.
Requires a report from the Secretary to the defense committees regarding the desirability of requiring active-duty officers to serve a minimum of two years in support of a National Guard or Reserve unit as a condition of eligibility for consideration for promotion to certain grades.
Prohibits certain members of the reserves serving on full-time active duty in support of the reserve components, after the end of FY 1991, from being assigned to duty with any unit of the Reserve Officer Training Corps Program (ROTC). Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1993 (currently 1990) the authority for the payment of special pay for critically short wartime health services specialists in the Selected Reserve. Provides special pay for reserve medical officers serving in military medical facilities.
Authorizes a member of a military department who would be eligible for retired pay except for the fact that such member is under 60 years of age to have commissary privileges in DOD facilities for 12 days each year.
Authorizes for such members and members of the Selected Reserve in good standing and their dependents unrestricted use of military morale, welfare, and recreational facilities on the same basis as active-duty personnel.
Part D - Procurement
Authorizes appropriations for FY 1991 for procurement by the reserve components of aircraft, vehicles, communications equipment, and other equipment.
Directs the Secretary of the Army to distribute not less than 24 CH-47 aircraft to the Army National Guard under a plan devised by such Secretary in which CH-54 aircraft are retired gradually through FY 1993 to make room for the CH-47s. Earmarks specified funds authorized under this Act for:
(1) MH-53 minesweeper helicopters; and
(2) AH-1W helicopters.
Part E - Miscellaneous
Expresses the sense of the Senate that:
(1) the U.S. Army should take timely and necessary steps to enhance the capabilities of reserve component armored forces;
(2) the U.S. Army Armor Center will remain the center for training, education, doctrine, and combat development for U.S. armored forces; and
(3) the Center should ensure that reserve component armored forces are adequately prepared for the increased reliance that will be placed on their greater role.
Acknowledges and commends the valuable work of the National Guard and the reserves in our nation's security and national defense.
Title XV - Counter-Narcotics Technology Center
Counter-Narcotics Technology Act of 1990 - Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy the Counter-Narcotics Technology Assessment Center to serve as the central counter-narcotics enforcement research and development organization of the Government. Makes the Chief Scientist of Counter-Narcotics Technology the head of the Center. Requires, beginning with the FY 1992 budget, that the Director of National Drug Control Policy submit a separate appropriations request for expenses relating to all Federal agencies for counter-narcotics enforcement research and development programs.
Expresses the sense of the Congress that private industry providers of electronic communications services and manufacturers of electronic communications equipment should cooperate with law enforcement agencies to ensure that communications systems permit law enforcement agencies to obtain the plain text content of voice, data, and other communications when appropriately authorized by law.

House Republican Conference Summary

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We’ll be looking for a source of summaries from the other side in the meanwhile.

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