Bill· SS. 2723 (98th)open
United States · United States Congress · 31 May 1984
Omnibus Defense Authorization Act, 1985 - Title I: Procurement - Department of Defense Authorization Act, 1985 - Part A: Procurement - Authorizes appropriations for the Army for FY 1985 for procurement of aircraft, missiles, weapons, and tracked combat vehicles, and ammunition, and for other procurement. Authorizes the Secretary of the Army to enter into multiyear contracts for the procurement of the UH-60A aircraft and EH-60A aircraft, and for the execution of the CH-47D aircraft modernization program. Permits such contracts to include an unfunded cancellation ceiling. Prohibits the use of funds for the Division Air Defense System until: (1) initial testing is completed; and (2) 30 days elapse after the Secretary of Defense reports the results of such testing and certifies to Congress that continued production is in the national interest. Amends the Department of Defense Authorization Act, 1984, to repeal the prohibition against establishing a second source for producing the M-1 tank engine. Authorizes appropriations for the Navy and Marine Corps for FY 1985 for procurement of aircraft, weapons (including missiles and torpedoes), shipbuilding and conversion, and other procurement. Authorizes the Secretary of the Navy to enter into multiyear contracts for the procurement of the CH-53E aircraft. Permits such contracts to include an unfunded cancellation ceiling. Prohibits the use of funds for the fourth year of the multiyear contract for the procurement of the KS-153 low altitude aerial reconnaissance camera for the Marine RF-4B aircraft. Directs the Secretary of the Air Force to test the CA-810 aerial reconnaissance camera's suitability for high speed, low altitude aerial reconnaissance missions by November 1, 1984. Permits the fourth year procurement of the KS-153 if the CA-810 proves unsatisfactory or is not completed in time. Directs the Secretary to conduct competitive procurement for such cameras should they meet or exceed the Navy's requirements. Authorizes the Secretary to maintain one or more alternate sources of procurement for a common aircraft ejection seat for specified aircraft. Authorizes appropriations for the Air Force for FY 1985 for procurement of aircraft, missiles, and other procurement, including Air National Guard equipment. Prohibits the use of funds for sole source procurement of a strategic weapons loader or the modification of an existing loader to meet the performance requirements for the B-1B bomber or the Advanced Technology Bomber aircraft. Limits MX missile procurement to 21 operational missiles. Authorizes the transfer of specified FY 1984 funds for the procurement of aircraft in FY 1985. Authorizes appropriations for the defense agencies. Extends through FY 1985 the authority of the Secretary of Defense, in carrying out the Multilateral Memorandum of Understanding Between the NATO Ministers of Defense concerning the NATO AWACS program, to waive the reimbursement for the cost of specified functions performed by certain personnel and to assume contingent liability for program losses and specified charges. Part B: Research, Development, Test, and Evaluation - Authorizes appropriations for the armed forces and defense agencies for FY 1985 for research, development, test, and evaluation. Authorizes the appropriation of additional sums as necessary for civilian employee salaries and benefits. Directs the Secretary of the Army to proceed with the competitive development of a Joint Tactical Missile System with specified goals, including completion by July 1, 1987. Directs the Secretary to report to the Armed Services Committees on the progress of such system January 1, 1985, 1986, and 1987. Limits the funds available for the CV ASW helicopter until the Armed Services Committees have been notified that a full-scale engineering development contract has been awarded. Part C: Operation and Maintenance - Authorizes appropriations for the armed forces and defense agencies for FY 1985 for operation and maintenance, including funds for the reserve forces, the National Guard, the National Board for the Promotion of Rifle Practice, defense claims, and the Court of Military Appeals. Authorizes additional appropriations for increases in civilian personnel costs, unbudgeted increases in fuel costs, and inflation. Authorizes appropriations for FY 1985 for the working capital funds of the armed forces and defense agencies. Permits the Secretary of Defense to make contingency funds available for the Unified and Specified Commands. Part D: Personnel- Subpart 1: Active Forces - Authorizes strengths for active duty personnel as of the end of FY 1985. Amends the Department of Defense Authorization Act, 1981, to extend for one year the limitation on the enlistment for active duty in the armed forces of persons whose score on the Armed Forces Qualification Test is below a prescribed level. Subpart 2: Reserve Forces - Authorizes average strengths for the selected reserve components of the armed forces for FY 1985. Permits the reduction and increase in such strengths as specified. Authorizes a specified number of reserves to serve on full-time active duty in order to organize, administer, instruct, recruit, or train the reserve components. Permits the end strength levels to be increased by two percent in the national interest. Increases the number of certain personnel who may be on active duty in specified grades. Redefines full-time National Guard duty. Subpart 3: Civilian Personnel - Authorizes an end strength for civilian personnel for the Department for FY 1985. Requires the apportionment of such personnel among the various military branches and departments. Requires the Secretary to report to Congress on such allocation within 60 days. Specifies the types of civilian employees to be included in such end strengths. Permits the Secretary to increase the number of such personnel by two percent in the national interest. Directs the Secretary to notify Congress of any such increase. Eliminates the civilian personnel ceiling for industrially funded activities for FY 1984. Subpart 4: Military Training Student Loads - Authorizes average military training student loads for each component of the armed forces for FY 1985. Requires the adjustment of such loads as the manpower strengths of each component are adjusted. Part E: Compensation, Benefits, and Health Care Matters - Subpart 1: Pay and Allowances - Increases by 4.0 percent, effective January 1, 1985, the rates of basic pay for all military personnel not serving in grade E-1. Increases the basic allowance for quarters to 65 percent of the national median housing costs for each pay grade. Extends through January 1, 1985, limitations on payments of the variable housing allowance set forth in the Department of Defense Appropriation Act, 1984 and the Department of Defense Authorization Act, 1984. Requires that the variable housing allowance be paid where the local median cost of housing for a pay grade exceeds 80 percent of the national median cost of housing for such grade. Requires future adjustments of such rates to coincide with military pay increases but be based upon changes in certain weighted elements of the housing component of the Consumer Price Index. Excludes from eligibility for such allowance a member living in government housing who receives a basic allowance for quarters at the "with dependents" rate solely because such member pays child support and a member in travel status between permanent duty stations. Includes service members stationed in Alaska and Hawaii in the variable (rather than the overseas) housing allowance program. Extends for one year, through FY 1985, the authority to provide reimbursement in place of quarters to crew members assigned to a naval vessel rendered temporarily uninhabitable. Denies credit for time spent in a delayed enlistment program for purposes of computing basic pay. Authorizes the Secretary of the military department concerned to commute the ration (pay a cash allowance in lieu of providing a meal) for enlisted members of the guard and reserves entitled to a mid-day meal. Extends for two years, through FY 1986, the authority to pay enlistment and reenlistment bonuses for the active forces. Extends the special pay provisions for certain Navy aviation career officers from FY 1984 to FY 1985. Directs the Secretary of Defense to report to the Armed Services Committees by February 1, 1985, on the adequacy of aviation career officer incentive pay and the effect, if any, of the special pay for Navy pilots on the recruiting and retention needs of the armed forces. Modifies the hazardous duty pay provisions to equalize officer and enlisted rates for specified duties. Eliminates glider pay and leprosy pay. Requires the recomputation of the military pension of certain retirees who voluntarily returned to active duty at the rates in effect when released from such duty. Entitles certain reserve component instructors teaching at a location other than the one assigned to travel and transportation expenses. Authorizes the use of Department motor vehicles for transportation between domicile and place of employment for the Joint Chiefs of Staff, the Chiefs of Staff of the Army and the Air Forces, the Chief of Naval Operations, the Commandant of the Marine Corps, the Deputy Secretary of Defense, and the Under Secretaries of Defense. Requires the forfeiture of leave for service members who are discharged for failing to serve satisfactorily before completing six months of active duty. Limits to 100 vehicles per month the shipment at Government expense of service member owned motor vehicles from Guam when Guam is being used as an alternate port of shipment. Terminates such shipments after March 31, 1985. Subjects all members of the armed forces rather than just enlisted members of the Army and Air Force to collection of overpayment provisions. Repeals the December 31, 1989, termination of educational assistance under the GI bill for Vietnam era veterans. Requires benefits paid after such date to be paid from Department of Defense appropriations. Expands eligibility for membership on the Department of Defense Retirement Board of Actuaries. Requires the Secretary of the military department concerned to provide, subject to the availability of resources, legal assistance to members, retired members, and their dependents. Eliminates the offset from amounts received under a Survivor Benefit Plan annuity for social security benefits derived from an annuitant's own employment.u Authorizes the Secretary of the military department concerned to determine that a participant in either the Retired Serviceman's Family Protection Plan (RSFPP) or the Survivor Benefit Plan (SBP) is missing under circumstances from which it can be reasonably concluded that such person is dead if absent for at least 30 days, thereby permitting the payment of an annuity under either plan. Directs the Secretary of the military department concerned to comply with a court order effectively served on such Secretary for the payment of child support or alimony out of the military pension of the former member in question whether or not such order specifically requires payment to be made out of such pension. Amends the Survivor Benefit Plan to state that a member will be deemed to have elected a former spouse as beneficiary if the Secretary of the military department concerned receives a request for such action from the former spouse and is provided a court order reflecting the court's ratification, incorporation, or approval of a written agreement by the member to make such election. Subpart 2: Health Care Matters - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to permit annual eye examinations for each patient. Includes chiropractic care under such program. Grants active duty dependents access to dental care in the United States on a space available basis. Requires institutions which provide services under the Medicare program to provide services under CHAMPUS. Part F: Personnel Management - Increases the number of general and flag officers on active duty through FY 1985. Directs the Secretary of Defense to reduce the number of military and civilian personnel on management headquarters staffs by at least five percent by the end of FY 1985. Authorizes the Secretary of the Army to promote a reserve general officer who is in inactive status for less than a year and solely because such officer's tenure in a selected position has ended. Authorizes the Secretary of the military department concerned to order to active duty a person who has not fulfilled an agreement to complete a service academy education unless such person is earlier separated from service. Permits the Secretary of Defense to extend the military service obligation of Reserve Officer Training Corps (ROTC) scholarship officers and graduates of the service academies from six to not less than six nor more than eight years. Extends for two years, from FY 1984 to FY 1986, the authority of the Secretary of the Navy to temporarily promote certain Navy lieutenants to lieutenant commander. Authorizes the appointment of podiatrists as medical officers. Part G: Civil Defense - Authorizes appropriations for FY 1985 to carry out the provisions of the Federal Civil Defense Act of 1950. Repeals the limits on appropriations for certain purposes, including the payment of travel and per diem expenses for students, contribution to States for personal equipment, and administrative expenses. Part H: Defense Procurement Matters - Prohibits the expenditure of Department funds for weapon system or defense equipment procurement in mature full-scale production unless the prime contractor provides written guarantees that such system or equipment conforms to the specified design, manufacturing, and performance standards and if it is not free of defects, that such contractor will cure, without cost to the United States. Permits the Secretary of Defense to waive such guarantees in the national interest or if they would not be cost-effective. Directs the Secretary to report such waivers to the Armed Services and Appropriations Committees either as they happen or in an annual report due by February 1. Authorizes the Secretary to negotiate such contract guarantees for projects not in mature full-scale production and to negotiate more stringent guarantees for the required projects. Repeals the provision of the Department of Defense Appropriations Act, 1984, containing current warranty requirements. Directs the Secretary to prescribe the manner in which the Department negotiates prices for supplies procured from a contractor who does not produce the supplies. Decreases from $500,000 to $100,000 the threshold requiring a prime contractor to submit certified cost and pricing data to the contracting agency. Requires the procurement of supplies in economically advantageous quantities where practicable. Directs each head of a military department to designate an advocate for competition within such agency to promote competition in the procurement of property and services by reviewing current activities and reporting competitive procurement opportunities to such agency's head. Directs the Secretary of Defense to establish procedures to ensure that personnel appraisal systems in the Department recognize efforts to increase competition and achieve cost savings in contracting. Prohibits any Defense contractor from entering into any agreement with a subcontractor which restricts sales by such subcontractor directly to the United States. Requires a delay in the effectiveness of procurement regulations for purposes of public comment. Directs the head of the defense department or agency responsible for a major weapon system to incorporate in such system whenever possible currently available components or components likely to be required in large quantities. Includes the availability of technical data on such components as a factor in determining the award of a production contract. Requires the head of a defense agency to provide written justification for prequalification standards a potential contractor or product must meet, including the costs such contractor might incur to qualify. Requires such agency head to solicit additional sources of supply and pay the qualifying costs of a potential supplier who is a small business concern if fewer than two actual manufacturers qualify. Requires the reexamination of prequalification requirements within seven years. Requires defense contracts to specify which technical data will be purchased for the items in question, what criteria such data must meet, separate payment for such data, and the respective rights of the contractor and the Government to such data. Permits the Government to withhold payment for data delivery delays. Permits the contracting officer to waive such requirements in the best interests of the Government. Permits specified Government officials to review any contractor restrictions on the use of technical data by the Government. Sets forth the administrative and appeals procedures for such review and challenge, including a cancellation on any restrictions found to be unjustified. Requires each head of a covered defense agency to develop within the year after enactment of this Act a plan for the management of technical data received under such contracts, including procedures for inventory, update, verification, and access to information. Requires full implementation within five years. Directs the Comptroller General to report to Congress within 18 months on the management plans of the covered agencies. Directs the Secretary of Defense to report to Congress within 180 days after enactment of this Act a plan to improve the Department computer capability to store and access data needed for the procurement of spare parts. Authorizes the Secretary of Defense to enter into cooperative agreements with State and local governments and nonprofit organizations to provide technical assistance to firms seeking to bid for defense procurements. Sets forth application procedures and requirements, including a description of the geographic area to be served, an assurance of matching funds, and a limitation on the percentage of funds going for private consultant services. Requires that at least one cooperative agreement be entered into within each defense contract administration services region. Authorizes appropriations for such purpose for FY 1985 and 1986 and specifies percentages of funds to go to entities which have previously carried out an assistance program. Amends the Selected Acquistion Report (SAR) system and the Unit Cost Report system to: (1) establish a minimum dollar threshold of $2,000,000 on major contracts for which SAR reporting is required; (2) require quarterly SARs only when there is a five percent or greater change in total program cost, or when there is a three month or greater delay in any of the baseline SAR milestones; (3) extend the annual SAR submission date from 30 to 60 days after the submission of the President's budget and provide that quarterly SARs are to be submitted 45 days rather than 30 days after the end of the quarter; (4) require that preliminary reports be submitted within 30 days of such submission; (5) provide for automatic termination of SAR reporting when 90 percent of the deliveries or planned expenditures have been made; (6) delete the requirement to submit multiple unit cost reports when successive baselines have been breached; (7) permit unit cost reports for the end of the first quarter of the fiscal year to coincide with the President's budget submission; (8) limit termination of obligations for research and development, procurement, and military construction funding when there is failure to meet reporting requirements; and (9) provide for severability of such provisions. Establishes a minimum tour of duty of four years or major program milestone completion for officers assigned as program managers of major defense acquisition programs. Amends the Department of Defense Appropriation Act, 1984, to modify requirements relating to shipbuilding claims. Amends the Department of Defense Authorization Act, 1984, to permit the Secretary of Defense to limit the application of the spare parts price increase reporting requirements to non-competitive procurement situations. Directs the Secretary to report to the Armed Services Committees by May 1, 1985, on the continued use of independent cost estimates in major defense acquisition programs with emphasis on the adequacy of personnel and financial resources allocated to the development of such estimates. Part I: General Provisions - Expresses the sense of Congress that the countries of NATO, Canada, and particularly Japan are not bearing their commensurate share of the burdens of mutual defense. States that the President should seek acceptance of such responsibilities and a specific agreement for increased support from each such country. Directs the Secretary of Defense to report to Congress by March 1 of each year on a comparison of the equitable defense burden that should be borne, the actual efforts to bear them, the efforts the United States is taking to eliminate any disparities, and other information concerning the mutual defense. Repeals the transfer of the defense dependents' overseas education system from the Department of Defense to the Department of Education. Authorizes the Secretary of the Navy to continue participation in the NATO SEA-SPARROW Surface Missile System Cooperative Consortium described in the memoranda of understanding between the United States, Denmark, Norway, Italy, the Netherlands, Belgium, Canada, Greece, and the Federal Republic of Germany, signed June 6, 1968, and May 20, 1977. Amends the Military Selective Service Act to exempt from induction persons whose mother has been killed in the line of duty. Provides protection for the use of Marine Corps insignia from deceptive uses. Requires all budget submissions from FY 1986 onward to reflect funding for nuclear weapons in the Department of Defense budget rather than the Department of Energy budget. Amends the Department of Defense Authorization Act, 1983 to extend for another year, through FY 1985, the test program to authorize price differentials to relieve economic dislocations. Applies the prohibitions against construction of naval vessels in foreign shipyards to all military vessels. Authorizes the Secretary of Defense to enter into reciprocal communications support arrangements with allied countries or NATO. Directs the President to report to the Armed Services Committees, coincident with a request for MX funding, an assessment of the impact of procuring such missiles on the strategic balance, arms control, and the development of more survivable basing modes. Prohibits the expenditure of funds for more than 100 B-1B bombers without previous notice to the Armed Services Committees. Directs the Secretary of the Navy to determine the configuration of the FFG-7 class guided missile frigate. Amends the Department of Defense Authorization Act, 1984, to prohibit the expenditure of funds to test any explosive or inert antisatellite warhead against objects in space unless the President certifies to Congress that such testing is compatible with and essential to arms control agreements affecting such weapons. Requires 30 percent of all money accruing from the naval petroleum reserves through FY 1985 to be credited to the National Defense Stockpile Transaction Fund. Authorizes appropriations to the Department of Energy for FY 1985 for the exploration and operation of such reserves. Directs the Secretary of Defense to report to the Armed Services Committees by March 1, 1985, a comprehensive study on the atmospheric, climatic, environmental, and biological consequences of nuclear war and the implications thereof for nuclear weapons strategy and policy, arms control policy, and civil defense policy. Prohibits the use of funds for polygraph examinations except for the conduct of a specified test program. Directs the Secretary to report to the Armed Services Committees by December 31, 1985, on the use of such tests during FY 1985. Excludes specified intelligence personnel from such restriction. Authorizes the Secretary of the Air Force to provide equipment and uniforms to the Civil Air Patrol and to arrange for their use of other services' facilities. Increases from one to two the Coast Guard membership on the Reserve Forces Policy Board. Part J: Codification of Certain Recurring and Other Provisions of Law - Codifies specified provisions of law into Title 10. Title II: Military Construction Matters - Military Construction Authorization Act, 1985 - Part A: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Permits the obligation of funds for certain projects only out of savings derived from other projects or project cancellations. Requires the Secretary to certify to Congress that such funds are available before moving forward on such projects. Permits the Secretary to construct or acquire family housing units at specified installations in specified amounts. Permits the Secretary to improve existing military family housing units, earmarking certain funds for energy conservation projects only. Part B: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Permits the obligation of funds for certain projects only out of savings derived from other projects or project cancellations. Requires the Secretary to certify to Congress that such funds are available before moving forward on such projects. Authorizes the Secretary to carry out a water supply and flood control project for the Santa Margarita River, Marine Corps Base, Camp Pendleton, California. Authorizes the Secretary to construct or acquire family housing units at specified installations. Authorizes expenditures to improve existing military family housing units. Part C: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Permits the obligation of funds for certain projects only out of savings derived from other projects or project cancellations. Requires the Secretary to certify to Congress that such funds are available before moving forward on such projects. Prohibits the construction of facilities to support the basing of the ground-launched cruise missile system at Woensdrecht Air Base, the Netherlands, until the Netherlands and the United States have a written agreement concerning such basing. Authorizes improvements to existing military family housing units, earmarking certain funds for energy conservation projects only. Permits the Secretary to improve existing military family housing units as specified. Part D: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Permits the obligation of funds for certain projects only out of savings derived from other projects or project cancellations. Requires the Director of a defense agency to certify to Congress that such funds are available before moving forward on such projects. Permits the Secretary to construct or acquire family housing units at specified installations. Permits expenditures to improve existing units. Amends the Military Construction Authorization Act, 1984, to increase the authorization level for defense agency construction in FY 1984. Part E: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure program. Part F: Authorization of Appropriations and Recurring Administrative Provisions - Authorizes appropriations for fiscal years after FY 1984 for military construction, land acquisition, and military family housing functions of the Departments of the Army, the Navy, and the Air Force and the defense agencies. Authorizes appropriations for the NATO Infrastructure program. Limits the total cost of all projects to the total amounts authorized to be appropriated for each military department concerned. States that such authorizations shall expire at the end of FY 1986 except as otherwise specified. Establishes maximum amounts on certain expenditures, including unspecified minor military construction projects and per unit improvement and rental costs for military family housing. Part G: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after FY 1984 for the costs of acquisition, architectural and engineering services, and construction of facilities for the guard and reserve forces. Expands the authority of the Secretary to contribute funds to a State for arms storage rooms to encompass any critical portion of State facilities related to a Federal military mission. Prohibits the use of lands comprising Camp Shelby, Hattiesburg, Mississippi, for purposes other than military training unless such lands were permitted to another use before the enactment of this Act. Part H: General Provisions - Expands the liability of a member of the armed forces for damage to housing, equipment, and furnishings to include damage to an unaccompanied personnel housing unit as well as a family unit. Permits the Secretary to establish limitations of liability or compromise or waive a claim. Increases from five to 12 the percent of available real property funds a Secretary of a military department may use to acquire options. Treats land acquisition projects involving condemned lands the same as all other land acquisition projects conducted by a military department. Requires the Secretary to report to Congress when contract cost variations are in excess of 25 percent when the total cost under the contract exceeds the maximum amount for a minor military construction project. Expands the Secretary of Defense's emergency construction authority to activate it whenever the President determines an imminent threat to the national security exists such that current facilities would be inadequate to meet a mobilization effort. Terminates such authority in six months or at the end of a declared war or national emergency. Authorizes a Secretary of a military department to use operation and maintenance or construction funds to restore land to a condition required by another military department or Federal agency which has permitted such land to that department. Amends the Military Construction Authorization Act, 1983, to permit the use of funds for projects in the Federal Republic of Germany in support of the master restationing plan before there is a written cost-sharing agreement between such country and the United States. Authorizes the Secretary of a military department to sell to utility companies electrical energy generated from alternate energy or cogeneration type production facilities under such Secretary's jurisdiction. Authorizes the Secretary of the Navy to accept in exchange for Southern California Edison Company's use of warehouse space at the Marine Corps Base, Camp Pendleton, California, replacement warehouse facilities and fair rental value for the used space. Authorizes the Secretary of the Navy to replace substandard housing units known as the Sterling Homes Project, Oceanside, California, serving as military family housing for Camp Pendleton personnel. Permits the use of Department funds for the installation, repair, and maintenance of telephone wire in private residences leased or owned by the Government. Directs the Secretary of the Army to demolish an equivalent area of World War II temporary wooden structures for every new Army facility added after January 1, 1985. Permits the waiver of such requirement for up to 20 percent of the affected footage. Terminates such requirement after December 31, 1989. Prohibits the use of funds for repairs or additions to schools on military bases for the children of military personnel until the local school district agrees in writing to operate and maintain such schools. Requires the setting aside for small business concerns of architectural, design, and engineering services contracts below a specified amount during FY 1985. Authorizes the Secretary of the Air Force to exchange specified lands with the Colorado Board of Land Commissioners to acquire title to or interests in lands in the vicinity of Consolidated Space Operations Center, Falcon Air Force Station, Colorado. Authorizes the Secretary of the Navy to convey specified lands or an easement in perpetuity to such lands on the Marine Corps Air Station (helicopter), Tustin, California, to the Irvine Company or the cities of Tustin and Irvine for the development of a public thoroughfare. Requires the Irvine Company to convey to the United States certain rights to lands known as the Browning Corridor. Requires such cities and the Irvine Company to reimburse the United States for costs of replacing the helicopter training facility displaced by the conveyance above to them. Authorizes the Secretary of the Air Force to convey lands on the March Air Force Base, California, to the Village West Foundation, San Bernardino, California, in exchange for lands of the same market value, the fair market value, or some combination of cash and land comprising the fair market value. Retains a right of reversion to the United States if such land is not used for permanent facilities for the Foundation within ten years, or in portions of the land which cease to be used for Foundation purposes during a 40-year period. Prohibits the Foundation from disposing of such land for 50 years. Authorizes the Secretary of the Army to convey without consideration specified lands located in Lompoc, California, to the city of Lompoc for a permanent site for a space science museum or for related education and recreation purposes. Authorizes the Secretary of the Navy to convey lease rights comprising specified lands and improvements to the San Diego Unified Port District, California, in exchange for a replacement facility and the costs of relocation. Authorizes the Secretary of the Navy to exchange specified lands with the City of San Diego, California, or the San Diego Energy Recovery Project (SANDER) comprising or near the Naval Air Station, Miramar. Limits the use of construction funds for hospitals at Fort Lewis, Washington, and at Travis Air Force Base, California, to site preparation construction work. Title III: Department of Energy Matters - Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act, 1985 - Part A: National Security Programs - Authorizes appropriations for the Department of Energy (DOE) for FY 1985 for plant and capital equipment and operating expenses in carrying out national security programs concerning the military applications of nuclear energy in the following areas: (1) naval reactors development; (2) weapons activities; (3) verification and control technology; (4) materials production; (5) defense waste and byproducts management; (6) nuclear safeguards and security; and (7) security investigations. Part B: General Provisions - Prohibits the use of funds authorized under this Act: (1) where the costs of the program exceed 105 percent of the program authorization or the costs exceed by more than $10,000,000 the amount authorized by this Act, whichever is the lesser; and (2) for programs which have not been presented to or requested of Congress, unless 30 calendar days have elapsed since the Secretary of the Energy has presented to the appropriate congressional committees a full and complete statement of the action proposed. Authorizes the Secretary to start any general plant project only if the maximum estimated cost of such project does not exceed $1,000,000. Sets forth procedures for approval of projects that exceed the 25 percent estimated cost provision, and exempts from such procedures any project which has an estimated cost of less than $5,000,000. Allows the transfer of funds from specified projects to other Government agencies for the performance of work for which the appropriation is made. Authorizes the Secretary to perform construction design services for construction projects in support of national security programs as appropriated under this Act. Directs the Secretary to notify the appropriate committees of Congress within 30 days of planning and design costs in excess of $300,000. Authorizes funds for emergency construction design pay increases. Permits funds to remain available until expended if so specified in an appropriation Act. Requires all litigation involving the atomic weapons testing program, including suits now filed against contractors who operate or operated Government-owned facilities relating to atomic energy national defense activities including weapons testing, to be maintained against the United States under the substantive and procedural requirements of the Federal Tort Claims Act. Requires the FY 1986 Department of Defense budget to reflect funding for research, development, testing, production, surveillance, and retirement of nuclear warheads or for the production of material needed for such warheads. Directs the Secretary of Energy to continue to carry out such activities on a reimbursable basis. Directs the President to establish within 30 days the Technical Review Group on Inertial Confinement Fusion to review the current inertial confinement fusion program of the United States and to report the results to the President and Congress in interim reports with a final report due January 1, 1986. Terminates such group upon the submission of the final report. Continues in force the provisions of Executive Order Numbered 12344 pertaining to the Naval Nuclear Propulsion Program.