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Question· oralPQ 26asked
Ireland · Dáil Éireann · 29 October 1992
24 Mr. Lowry asked the Minister for Tourism, Transport and Communications the proposals, if any, she has to assist regional airports on the matter of marketing initiatives to both airlines and air passengers.
Record· Divisionvote_1carried
Ireland · Dáil Éireann · 28 October 1992
Amendment put.
Record· Divisionvote_2carried
Ireland · Dáil Éireann · 28 October 1992
Question put: "That the motion, as amended, be agreed to."
Bill· HRH.R. 6201 (102nd)referred
United States · United States Congress · 6 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of the sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; and (2) limit the designation of a drug removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; and (2) persons required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Specifies that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person, with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to a specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court, when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Bill· HRH.R. 6185 (102nd)open
United States · United States Congress · 6 October 1992
Federal Courts Administration Act of 1992 - Title I: Implementation of Federal Courts Study Committee Recommendations - Amends the Federal judicial code to authorize the Supreme Court to prescribe rules for appeal of interlocutory decisions to the courts of appeals. Amends the Federal criminal code to authorize a magistrate judge to: (1) revoke, modify, or reinstate (currently, revoke or reinstate) the probation of a defendant that such judge has sentenced; and (2) modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. Permits a district judge to designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge (including, in the case of revocation, a recommended sentence). Directs the magistrate judge to file his or her proposed findings and recommendations. Amends the Federal judicial code to authorize the Chief Justice of the United States, in the public interest, to designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (Current law makes no mention of the public interest and authorizes such action upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.) Title II: Judicial Survivors' Annuities Improvements - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute 2.2 percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official, subject to the terms of a specified decree, court order, or agreement, who ceases to be married after making the election to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts (Administrative Office). Requires such official to also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director shall prescribe. Authorizes the Director to provide for waiver of the notification requirement with respect to a spouse or former spouse if such official established to the Director's satisfaction that the whereabouts of such person cannot be determined. Directs the Comptroller General of the United States, at the end of each three-fiscal year period, to determine whether the contributions by officials during such period accounted for 50 percent of the costs of the Fund and if not, what adjustments in the contribution rates should be made to achieve that 50 percent figure. Sets forth reporting requirements. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Permits any official who elects to participate to make a redeposit to the credit of the Fund in installments, in such amounts and under such conditions as may be determined by the Director. Specifies that if an official elects to make a redeposit in installments: (1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to such official in a lump-sum payment; and (2) the election to participate shall be effective upon payment of the first such installment. Directs the Comptroller General to: (1) conduct an audit of the judicial survivors annuities program for the three-year period beginning on the date of enactment of this Act; and (2) report to the Congress on the results of such audit, comparing such program to other survivors annuities programs within the Federal Government. Title III: Judicial Financial Administration - Amends the Federal judicial code to provide for the award of filing fees in actions brought by the United States, in which the United States prevails (regardless of whether the Government paid the fee upon commencing the action). Revises provisions with respect to the disposition of filing fees. Provides that: (1) of the amounts paid to the clerk of court as a fee or a judgment for costs, $60 shall be deposited into a special fund of the Treasury to offset funds appropriated for the operation and maintenance of U.S. courts; and (2) if the court authorizes a fee or judgment for costs of less than $120, the entire fee, up to $60, shall be deposited into such fund. Title IV: Jury Matters - Permits prospective jurors in Massachusetts to be selected from the resident list provided for under Massachusetts law, rather than from voter lists. Permits reimbursement of grand jurors' actual reasonable costs of air travel to district court pursuant to a summons, under guidelines set by the Judicial Conference, when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves. Provides permanent authorization for optional use of a one-step summoning and qualification procedure for jury selection. (Current law provides for experimental use of such procedure.) Title V: Miscellaneous - Amends: (1) the Federal judicial code to permit courts of appeals to pretermit any regular session of court at any place for insufficient business or other good cause without the consent of the Judicial Conference, and to transfer the reporting requirement for fees and expenses under the Equal Access to Justice Act from the Director to the Attorney General; (2) the Financial Institutions Regulatory and Interest Rate Control Act of 1978 to eliminate a duplicative reporting requirement; and (3) the Judicial Improvements Act of 1990 to allow the Federal Judicial Center an additional nine months to submit to the Congress and the Judicial Conference the report on its study of intercircuit conflicts and structural alternatives for the Federal Courts of Appeals. Amends the Federal judicial code to authorize the Director to provide for the sale or disposal of recyclable scrap materials held by any entity within the judicial branch, subject to specified requirements. Specifies that a civil action wherein jurisdiction is founded only on diversity of citizenship may be brought only in specified judicial districts, including one in which the defendants are subject to personal jurisdiction at the time the action is commenced (as under current law) if there is no district in which the action may otherwise be brought. Amends the Civil Justice Reform Act of 1990 to require the Director to transmit to the U.S. district courts a summary of each (currently, each) report on the state of each such court's civil and criminal dockets. Provides for the recovery of costs and fees in the U.S. Court of Veterans Appeals under the Equal Access to Justice Act, subject to specified limitations. Title VI: Judiciary Personnel Administration, Benefits, and Protections - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt the Judicial Officers' Retirement Fund, the Court of Federal Claims Judges' Retirement Fund, and payments to the Judiciary Trust Funds from reductions under such Act. Authorizes the Federal Judicial Center to: (1) cooperate with and assist Federal agencies and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries; and (2) fix compensation of secretarial and clerical personnel without regard to General Schedule pay rates. Title VII: Criminal Administrative Matters - Directs probation and pretrial services officers: (1) when directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, to keep informed as to the conduct and provide supervision of persons conditionally released; and (2) to report any violation of such a condition to the court and Attorney General or his designee. Affords Criminal Justice Act attorneys and experts, and community defender organizations, travel and lodging at Government rates. Title VIII: State Justice Institute Reauthorization - Amends the State Justice Institute Act of 1984 to authorize appropriations for the State Justice Institute for FY 1993 through 1996. Authorizes the Institute, upon application by an appropriate State or local (currently, Federal, State, or local) agency or institution and if the arrangement to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, to award a grant or enter into a cooperative agreement or contract with a unit of State or local (currently, Federal, State, or local) government other than a court. (Current law also requires the Institute to give priority to specified grants, cooperative agreements, or contracts.) Grants the Institute the authority to enter into contracts with Federal agencies to carry out the purposes of the Act. Title IX: Court of Federal Claims - Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings, with exceptions; and (4) the Federal Circuit to permit an appeal from an order of the chief judge of the Claims Court with respect to such proceedings. Amends the Contract Disputes Act of 1978 to provide that: (1) if the certification of a claim under such Act is technically defective, a court or agency board of contract appeals may permit the certification to be corrected at any time prior to a final decision by the court of agency board of contract appeals unless the failure to properly certify in the first instance was fraudulent, in bad faith, or with reckless or grossly negligent disregard of the requirements of the relevant statutes or regulations; and (2) if the contracting officer did not challenge the validity of the certification and the court or agency board of contract appeals permits the defective certification to be corrected under such provision, interest shall accrue on the claim from the date the claim was first submitted to the contracting officer. Authorizes the award of costs whenever an action is dismissed in the Claims Court for lack of jurisdiction. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified power to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the chief judge of such court, attend any session of the court in such district. Title X: Additional Provisions - Amends the Victims of Crime Act of 1984 to repeal provisions regarding: (1) the distribution of excess amounts in the Crime Victims Fund; and (2) time limits on deposits into the Fund. Modifies the formula regarding the availability of funds for expenditure and grant program percentages applicable to the Fund. Amends the Federal criminal code to authorize a district court to direct that information not be collected, verified, or reported on individuals charged with Class A misdemeanors. Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries. Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense) or in favor of any foreign state in a criminal proceeding to the extent that such judgement or decree may be accorded full faith and credit under U.S. law shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this title. Sets forth provisions with respect to jurisdiction and venue for, and limitation of, such civil actions. Title XI: Effective Date - Makes the provisions of this Act effective January 1, 1993, with exceptions. Specifies that all sums expended pursuant to this Act shall be subject to the availability of appropriations.
Bill· SS. 3349 (102nd)open
United States · United States Congress · 5 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tabulating machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; (2) person required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest specifies that that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Law· HRH.R. 6135 (102nd)enacted
United States · United States Congress · 5 October 1992
National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 - Title I: Authorization of Appropriations - Authorizes FY 1993 appropriations to the National Aeronautics and Space Administration (NASA) for: (1) research and development; (2) space flight, control, and data communications; (3) construction of facilities; (4) research and program management; and (5) the Inspector General. Requires the Administrator of NASA (Administrator) to: (1) report to the Congress on a New Launch System and expendable launch vehicles; and (2) carry out an Earth Observing System program. Title II: General Provisions - Permits the use of appropriations for research and development and space flight, control, and data communications for certain items of a capital nature (other than land acquisition) required for the performance of research and development contracts and for grants to nonprofit educational and research organizations for construction or purchase of additional research facilities. Prohibits the use of these funds for the construction of any major facility whose estimated cost exceeds a specified amount, unless the Administrator of NASA notifies specified congressional committees. Authorizes the use of certain funds, subject to limitations, for: (1) facilities construction, repair, or modification; (2) unforeseen programmatic facility project needs; (3) repair or modification of facilities controlled by the General Services Administration; and (4) scientific consultations or extraordinary expenses. Authorizes reprogramming of certain funds for: (1) transatmospheric research and technology; and (2) construction of facilities. Permits upward variances of funds for facilities construction under circumstances outlined in this Act. Makes available specified funds for the construction and modification of facilities. Requires the Administrator to notify specified congressional committees of the nature, cost, and reasons for such construction before expending the funds in question. Prohibits, until 30 days following congressional receipt of the Administrator's full explanation, the use of funds appropriated pursuant to this Act for any program that: (1) has been deleted by the Congress; (2) is in excess of the amount actually authorized for the particular program by specified provisions; or (3) has not been presented to either of specified congressional committees. Limits obligation of unauthorized appropriations and requiures related reports to the Congress and the Comptroller General. Requires NASA to submit to the Congress a five-year budget and an estimate of the lifecycle costs associated with each program. Amends the Commercial Space Launch Act to authorize FY 1993 appropriations. Prohibits user fees unless specifically authorized by the Act. Authorizes FY 1993 appropriations: (1) to carry out activities of the National Space Council; and (2) to the Secretary of Commerce for the Office of Space Commerce. Requires: (1) the Administrator to report to the appropriate congressional committees on the single stage rocket technology flight test program; and (2) the National Space Council to report to such committees on a national aerospace transportation technology plan. Declares the sense of the Congress with regard to multilateral scientific cooperation and the Space Agency Forum on International Space Year, including activities by NASA and the National Oceanic and Atmospheric Administration. Repeals provisions of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 authorizing appropriations for the Comet Rendezvous Asteroid Flyby/Cassini mission. Amends the National Science Foundation Act of 1950 to authorize the National Science Foundation to foster the development and use of computer networks in support of research and education. Directs the President to report to the Congress on various opportunities for increased space-related trade and cooperation with the independent states of the former Soviet Union. Authorizes the Office of Space Commerce of the Department of Commerce to conduct trade missions for the purpose of familiarizing U.S. aerospace industry representatives with space-related business opportunities in the independent states. Requires agencies conducting procurement to comply with specified provisions of the Buy American Act. Requires investigation, in meeting NASA's needs for additional facilities, of abandoned and underused buildings, grounds, and facilities in depressed communities. Mandates a study and report to the Congress regarding the extent to which information developed by NASA is brought to market by foreign aerospace firms more quickly than by U.S. companies. Directs the Administrator of the National Oceanic and Atmospheric Administration to: (1) establish an Institute for Aviation Weather Prediction, which shall expand upon the activities of the aviation unit currently at the National Severe Storms Center in Kansas City, Missouri; and (2) provide an opportunity for Center employees to assume comparable Institute duties. Title III: Experimental Program to Stimulate Competitive Research on Space and Aeronautics - Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act - Directs the Administrator to establish an Experimental Program to Stimulate Competitive Research on Space and Aeronautics among eligible States. Obligates funds for program grants. Title IV: High Risk Research and Development Contract Administration - Mandates an assessment of the allocation of risk between the Government and its contractors for future research and development contracts regarding increasing the contractor's risk to conform to contract requirements. Requires development of regulations for the administration of research and development contracts regarding: (1) the use of performance-based contracts; (2) clauses obligating the Government to pay for correction of defects; and (3) cost recovery for defective work. Title V: Commercial Space Competitiveness - Amends the Commercial Space Launch Act to extend through January 1, 2000, the deadline for Government payment of certain launch-related third party claims. Directs the Administrator to establish a commercial space launch voucher demonstration program, which shall expire after September 30, 1995. Authorizes the Secretary of Transportation to make space transportation infrastructure grants. Authorizes appropriations. Directs the Administrator and the Secretary of Defense, in coordination with the Secretary of Transportation, to inventory and identify all U.S.-owned launch support facilities. Authorizes: (1) the Administrator or the Administrator of the National Oceanic and Atmospheric Administration to enter into multiyear anchor tenancy contracts under specified conditions; and (2) use of Government space facilities on a reimbursable basis by non-Federal entities under specified conditions. Amends the National Aeronautics and Space Act to authorize the Administrator to protect from dissemination information developed under Space Act agreements with non-Federal parties for up to five years. Establishes a Commercial Space Achievement Award. Sets forth Award criteria. Title VI: Biomedical Research in Space - Directs the Administrator and the Director of the National Institutes of Health to jointly establish: (1) a biomedical research joint working group; (2) a biomedical research grant program; (3) a biomedical research fellowship program; and (4) a plan to conduct joint biomedical research activities by the republics of the former Soviet Union and the United States. Directs the Administrator to establish a national electronic data archive for biomedical research data obtained from space-based experiments. Directs the Administrator, with the Director of the Federal Emergency Management Agency, the Director of the Office of Foreign Disaster, and the Surgeon General of the United States, to jointly establish an international telemedicine satellite consultation capability to support disaster area emergency medical services. Authorizes appropriations.
Law· HRH.R. 6168 (102nd)enacted
United States · United States Congress · 5 October 1992
Airport and Airway Safety, Capacity, and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system. Authorizes appropriations for FY 1993 for airport development and planning projects. Authorizes appropriations for FY 1993 through 1995 for: (1) air navigation facilities; (2) weather reporting services for the Federal Aviation Administration (FAA); (3) FAA operations; and (4) expenses incurred in joint financing of air navigation services and in maintaining air navigation facilities. Authorizes appropriations for FY 1994 to augment the Airway Capital Investment Plan, if the Secretary of Transportation (Secretary) determines it is necessary (including a determination with respect to the establishment of more than 23 area control facilities). Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Earmarks a minimum amount of airport development and planning project fnds for FY 1993 and 1994 for site selection and installation of one FAA long-range air route surveillance radar system for the portion of northern Maine currently served by approach control at Loring Air Force Base. Reduces from 49.5 percent to 44 percent the ceiling on the total amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight the airway improvement program funds available are less than specified amounts. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the sponsor certifies that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Sets the Federal share of allowable costs for terminal development at such an airport at 85 percent. Prohibits letters of intent issued by the Secretary from conditioning the obligation of funds for airport development projects on the imposition of a passenger facility charge. Includes as an "airport development" activity the: (1) acquisition or installation at or by a public -use airport of aircraft deicing equipment and structures (other than aircraft deicing fluids and storage facilities for such equipment and fluids) or interactive training systems; (2) relocation of an air traffic control tower and any navigational aid (including radar) if such relocation is necessary to carry out an approved project; (3) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport), if funded by a grant under the Act, which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business; and (4) acquisition of land for, or work necessary to construct, a pad for deicing aircraft before takeoff at a commercial service airport, including construction or reconstruction of paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, and paved access for deicing vehicles and aircraft (but excluding acquisition of aircraft deicing equipment and fluids and construction and reconstruction of storage facilities for such equipment and fluids). Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project. Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respeect to passengers enplaned on international flights. Extends the State block grant pilot program for airports through FY 1996. Authorizes the Secretary to designate up to seven (currently, three) qualified States (including Illinois, Missouri, and North Carolina) for participation in such program. Requires airport owners or operators as a condition precedent to approval of a grant for airport development projects to take necessary action to ensure that at least ten percent of businesses at the airport which provide ground transportation, baggage carts, automobile rentals, or other consumer services are small businesses owned and controlled by socially and economically disadvantaged individuals (disadvantaged business enterprises, or DBE's). Authorizes the Secretary to allow an airport owner or operator to meet the ten percent goal by including: (1) businesses operated through management contracts or subcontracts; or (2) the purchase from DBE's goods or services used in a business conducted on the airport provided the airport owner or operator as well as such businesses make good faith efforts to explore all available options to achieve compliance with the DBE goal through direct ownership arrangements, including joint ventures and partnerships. Allows an airport owner or operator, in complying with the DBE goal to: (1) include the revenues of car rental firms on the airport in the base from which the overall percentage goal is calculated; and (2) require a care rental firm to meet goal requirements through the purchase of goods or services from DBE's, including purchases or leaves of vehicles from DBE vendors. Excludes air carriers that provide passenger or freight-carrying services and other business that provide aeronautical activities at an airport from the ten percent goal. Revises the definition of an eligible "disadvantaged business enterprise" to raise the maximum average annual gross receipts permissible from $14,000,000 to $16,015,000. (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. Directs the Administratorr of the FAA to develop and report to specified congressional committees on: (1) the cirteria used to determine the required number of aviation safety inspectors; and (2) a three-year project of the number of inspectors needed, plans for training them, and the support staff needed for the inspector workforce. Prohibits the FAA from entering into any contract on or before September 30, 1994, with a private person for the operation of an airport control tower at any airport which in FY 1990 had 5,500 or more air carrier operations and 40,000 or more air taxi operations unless the airport owner or operator first agrees to the FAA Administrator's entering into such contract. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects or airport noise on opulations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator the FAA require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Directs the Secretary to study and report to the Congress on: (1) whether the safety benefits derived from the reflectorization of runways and taxiways of all military airfields under Federal Specification TT-B-1325B should be extended to runways and taxiways of public use airports; (2) the purchase of land for development over five years after purchase (landbanking) and of options to purchase land for airport development, and whether such projects should be funded under the Airport Improvement Program; (3) the current Federal program for monitoring the installation and operation of lighting systems for aircraft obstructions and airport runways; (4) the economic benefits of carrying out airport development projects in "redevelopment areas" under the Public Works and Economic Development Act of 1965; and (5) the ability of airports which annually enplane .05 percent or less of total enplanements in the United States to finance the maintenance of runways, aprons, and taxiways constructed under the Airport Improvement Program. Amends the Airport and Airway Safety and Capacity Expansion Act of 1987 to revise conditions with respect to a release from certain terms and restrictions contained in a certain instrument conveying land on which Laredo International Airport is located to the city of Laredo, Texas. Allows Laredo to grant leases of up to 40 years (currently, 20 years) at below fair market value at the airport. Directs the Administrator of te FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Directs the Secretary of Transportation to establish a Civil Tiltrotor Development Advisory Committee to evaluate the technical feasibility and economic viability of developing civil tiltrotor aircraft and a national system of infrastructure to support the incorporation of tiltrotor aircraft technology into the natinal transportation system. Amends the Airport Noise and Capacity Act of 1990 to make technical amendments relating to: (1) exemptions from certain conditions on agreements dealing with airport noise reduction and access restrictions on the operation of Stage 3 aircraft; and (2) purchase contract requirements for the operation of certain imported civil subsonic turbojet aircraft with a maximum weight of over 75,000 pounds. Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project . traffic capacity at public-use airports. Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a file-mile radius of the end of a runway may have the potential for attracting or sustaining bird movements (from feeding, watering, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Establishes the National Commission to Ensure a Strong Competitive Airline Industry to investigate the financial condition of the airline industry, the adequacy of competition in it, and legal impediment to a financially strong and competitive airline industry. Requires the Commission to submit a specified report to the Congress. Requires the head of each Federal agency conducting procurements to Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respect to passengers enplaned on international flights. Amends the Aviation Safety and Capacity Expansion Act of 1990 to extend the prohibition against the fraudulent use of "Made in America" labels on products sold in or shipped to the United States, and against discrimination by foreign governments against U.S. products, to the award of Federal contracts or grants under a specified section of Federal transportation law or the Airport and Airway Improvement Act of 1982. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States; traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects of airport noise on populations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator of the FAA to: (1) increase the employment of aviation safety inspectors to a specified level by the end of FY 1995; (2) require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Authorizes the Secretary to make grants under the Aviation Safety and Noise Abatement Act of 1979 for projects to soundproof residential buildings if specified conditions are met. (currently, 20 years) at below fair market value at the airport. Directs the Administrator of the FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determines that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for the security training of non-Federal domestic and foreign security personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a five-mile radius of the end of a runaway may have the potential for attracting or sustaining bird movements (from feeding, water, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Title III: Research, Engineering, and Development - Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1993 and 1994 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Directs the Secretary to report to the Congress on the feasibility of requiring commercial airports and/or commercial airlines to employ portable equipment to deice commercial aircraft before takeoff by placing such equipment close to the departure end of the active runway. Requires the Secretary to research to develop new techniques and more efficient fluids and technologies for deicing. Requires the Administrators of the FAA and the National Aeronautics and Space Administration to jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft engines and airframes by the year 2000. Prohibits a person from affixing "Made in America" labels to products that are not domestic products of the United States. Makes any person that violates such prohibition ineligible for the award of a Federal contract. comply with the requirements of the Buy American Act. Title IV: Aviation Insurance - Amends the Federal Aviation Act of 958 to authorize Federal agencies to purchase aviation insurance covering any aircraft engaged in intrastate, interstate, or overseas air commerce for any risk (including war risk) if the aircraft operation is in the performance of an agency contract or is for the transportation of military forces or material on behalf of the United States under an agreement between the United States and a foreign government. Extends the aviation insurance program from FY 1992 through FY 1997. Directs the Comptroller General to review and report to the Congress on the administration of the aviation insurance program during the Persian Gulf conflict in order to determine methods of improving efficiency by reducing the paperwork and time period required for providing such insurance. Title V: Extension of Airport and Airway Trust Fund - Amends the Internal Revenue Code to extend the authority of the Airport and Airway Trust Fund through October 1, 1995. Declares that, in the case of certain taxes imposed before January 1, 1993, the amounts to be appropriated to the Fund shall be determined without regard to any increase in a rate of tax enacted by the Revenue Reconciliation Act of 1990. Authorizes appropriations for FY 1993 and 1994 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); and (4) FAA operations. Authorizes appropriations for FY 1994 to augment, if the Secretary of Transportation (Secretary) determines it is necessary, the Airway Capital Investment Plan, including a determination with respect to the establishment of more than 23 area control facilities. Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airway Improvement Act of 1982 to increase the apportionment of airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Reduces from 49.5 percent to 44 percent the ceiling on thetotal amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Increases from eight to 12 the number of current or former military airports the Secretary must set-aside for development grants to improve the national air transportation system. Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 through FY 1995 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Requires the Administrator of the FAA, within 30 days after the Secretary of Defense recommends a list of military bases for closure or realignment, to report to the Congress on the effects of any recommendations involving military airbases on local civilian airports and airways, costs of conversion of civilian use, and air traffice control and radar coverage. Raises from 10 percent to 12.5 percent the minimum obligation of apportioned and discretionary funds for airport noise compatibility planning. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight current or former military airports.) Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 and 1994 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Requires the Secretary to set-aside not less than an additional 2.5 percent of airport development and planning funds to primary airports for noise compatibility planning if the Secretary finds that one or more units of local government in the areas surrounding such airports have adopted noise control measures likely to ensure land use compatible with such airports. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Revises the definition of an eligible "disadvantaged business enterprise" to raise the maximum average annual gross receipts permissible from $14,000,000 to $16,015,000. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the Secretary finds that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Includes as an "airport development" activity the: (1) relocation of an air traffic control tower if such relocation is necessary to carry out an approved project; and (2) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue producing area of the airport used by a nonaeronautical business. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic control system of the United States; (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. requires the Administrator of the FAA to hire additional air traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determine that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for security training personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Airport and Airway Safety, Capacity, Noise Improvement and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system.
Resolution· HRESH.Res. 596 (102nd)passed
United States · United States Congress · 3 October 1992
Sets forth the rule for the consideration of H.R. 2321 (establishing Dayton Aviation Heritage National Park, Ohio).
Bill· HRH.R. 6093 (102nd)referred
United States · United States Congress · 2 October 1992
Airport and Airway Safety, Capacity, Noise Improvement and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system. Authorizes appropriations for FY 1993 through 1995 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); (4) FAA operations; and (5) expenses incurred in joint financing of air navigation services and in maintaining air navigation facilities. Authorizes appropriations for FY 1994 to augment the Airway Capital Investment Plan, if the Secretary of Transportation (Secretary) determines it is necessary (including a determination with respect to the establishment of more than 23 area control facilities). Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airport Improvement Act of 1982 to increase the apportionment of airport development and planning funds for: (1) airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Reduces from 49.5 percent to 44 percent the ceiling on the total amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight current or former military airports.) Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 through FY 1995 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Raises from 10 percent to 15 percent the minimum obligation of apportioned and discretionary funds for airport noise compatibility planning, but reduces it to 12.5 percent in FY 1994 and 1995 if the airway improvement program funds available are less than specified amounts. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the sponsor certifies that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Sets the Federal share of allowable costs for terminal development at such an airport at 85 percent. Prohibits letters of intent issued by the Secretary from conditioning the obligation of funds for airport development projects on the imposition of a passenger facility charge. Includes as an "airport development" activity the: (1) acquisition or installation at or by a public -use airport of aircraft deicing equipment and structures (other than aircraft deicing fluids and storage facilities for such equipment and fluids); (2) relocation of an air traffic control tower and any navigational aid (including radar) if such relocation is necessary to carry out an approved project; (3) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business; and (4) acquisition of land for, or work necessary to construct, a pad for deicing aircraft before takeoff at a commercial service airport, including construction or reconstruction of paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, and paved access for deicing vehicles and aircraft (but excluding acquisition of aircraft deicing equipment and fluids and construction and reconstruction of storage facilities for such equipment and fluids). Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project. Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respect to passengers enplaned on international flights. Extends the State block grant pilot program for airports through FY 1996. Authorizes the Secretary to designate up to seven (currently, three) qualified States (including Illinois, Missouri, and North Carolina) for participation in such program. Amends the Aviation Safety and Capacity Expansion Act of 1990 to extend the prohibition against the fraudulent use of "Made in America" labels on products sold in or shipped to the United States, and against discrimination by foreign governments against U.S. products, to the award of Federal contracts or grants under a specified section of Federal transportation law or the Airport and Airway Improvement Act of 1982. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States; (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. Requires the Administrator of the FAA to hire additional air traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Prohibits the FAA from entering into any contract on or before September 30, 1994, with a private person for the operation of an airport control tower at any airport which in FY 1990 had 5,500 or more air carrier operations and 40,000 or more air taxi operations unless the airport owner or operator first agrees to the FAA Administrator's entering into such contract. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects of airport noise on populations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator of the FAA to: (1) increase the employment of aviation safety inspectors to a specified level by the end of FY 1995; and (2) require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Directs the Secretary to study and report to the Congress on: (1) whether the safety benefits derived from the reflectorization of runways and taxiways of all military airfields under Federal Specification TT-B-1325B should be extended to runways and taxiways of public use airports; (2) the purchase of land for development over five years after purchase (landbanking) and of options to purchase land for airport development, and whether such projects should be funded under the Airport Improvement Program; (3) the current Federal program for monitoring the installation and operation of lighting systems for aircraft obstructions and airport runways; (4) the economic benefits of carrying out airport development projects in "redevelopment areas" under the Public Works and Economic Development Act of 1965; and (5) the ability of airports which annually enplane .05 percent or less of total enplanements in the United States to finance the maintenance of runways, aprons, and taxiways constructed under the Airport Improvement Program. Authorizes the Secretary to make grants under the Aviation Safety and Noise Abatement Act of 1979 for projects to soundproof residential buildings if specified conditions are met. Amends the Airport and Airway Safety and Capacity Expansion Act of 1987 to revise conditions with respect to a release from certain terms and restrictions contained in a certain instrument conveying land on which Laredo International Airport is located to the city of Laredo, Texas. Allows Laredo to grant leases of up to 40 years (currently, 20 years) at below fair market value at the airport. Directs the Administrator of the FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determines that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for the security training of non-Federal domestic and foreign security personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a five-mile radius of the end of a runaway may have the potential for attracting or sustaining bird movements (from feeding, water, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Establishes the National Commission to Ensure a Strong Competitive Airline Industry to investigate the financial condition of the airline industry, the adequacy of competition in it, and legal impediment to a financially strong and competitive airline industry. Requires the Commission to submit a specified report to the Congress. Title III: Research, Engineering, and Development - Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1993 and 1994 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Directs the Secretary to report to the Congress on the feasibility of requiring commercial airports and/or commercial airlines to employ portable equipment to deice commercial aircraft before takeoff by placing such equipment close to the departure end of the active runway. Requires the Secretary to research to develop new techniques and more efficient fluids and technologies for deicing. Requires the Administrators of the FAA and the National Aeronautics and Space Administration to jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft engines and airframes by the year 2000. Prohibits a person from affixing "Made in America" labels to products that are not domestic products of the United States. Makes any person that violates such prohibition ineligible for the award of a Federal contract. Requires the head of each Federal agency conducting procurements to comply with the requirements of the Buy American Act. Title IV: Aviation Insurance - Amends the Federal Aviation Act of 958 to authorize Federal agencies to purchase aviation insurance covering any aircraft engaged in intrastate, interstate, or overseas air commerce for any risk (including war risk) if the aircraft operation is in the performance of an agency contract or is for the transportation of military forces or material on behalf of the United States under an agreement between the United States and a foreign government. Extends the aviation insurance program from FY 1992 through FY 1997. Directs the Comptroller General to review and report to the Congress on the administration of the aviation insurance program during the Persian Gulf conflict in order to determine methods of improving efficiency by reducing the paperwork and time period required for providing such insurance. Title V: Extension of Airport and Airway Trust Fund - Amends the Internal Revenue Code to extend the authority of the Airport and Airway Trust Fund through October 1, 1995. Declares that, in the case of certain taxes imposed before January 1, 1993, the amounts to be appropriated to the Fund shall be determined without regard to any increase in a rate of tax enacted by the Revenue Reconciliation Act of 1990.
Bill· HRH.R. 6065 (102nd)referred
United States · United States Congress · 30 September 1992
Amends the Federal Aviation Act of 1958 to require air carriers that have acquired certificates of convenience and necessity transferring air route authority to South America, Central America, and the Caribbean from another air carrier to hire from the latter, on the basis of seniority, approximately 6,500 employees required to operate such routes. Requires disputes over implementation of such transfers to be resolved by arbitration under the provisions of the Tiger International Seaboard Acquisition Case, CAB Docket 33712.
Bill· HRH.R. 5984 (102nd)referred
United States · United States Congress · 22 September 1992
Amends the Federal Aviation Act of 1958 to establish a maximum fee (the lesser of $5 or ten percent of the amount of a prepaid airline ticket) an air carrier may charge for changing the departure time or date or the arrival time or date for such ticket.
Bill· HRH.R. 5992 (102nd)referred
United States · United States Congress · 22 September 1992
Weather Service Modernization Act of 1992 - Requires the Secretary of Commerce (Secretary) to include as part of the Department of Commerce's annual budget request justification material a National Implementation Plan (National Plan) of actions needed to accomplish the objectives of the ten-year Strategic Plan currently required under the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (NASA Act) for modernization of the National Weather Service (NWS). Specifies national plan contents. Requires the Secretary to: (1) transmit a copy of each annual national plan to the Modernization Transition Committee (established by this Act); and (2) consult with it in developing such plan. Requires the Secretary to: (1) contract with the National Research Council (NRC) for a review of the scientific and technical modernization criteria by which the Secretary proposes to certify action to close, consolidate, automate, or relocate NWS field offices; and (2) publish in the Federal Register final modernization criteria based on such NRC review. Changes requirements for certification that the closing, consolidation, automation, or relocation of any field office will not result in service degradation. Prohibits the Secretary from: (1) changing operations at an NWS field office pursuant to implementation of the Strategic Plan unless the Secretary has provided appropriate notification; (2) removing or permanently decommissioning any NWS radar until the Secretary has prepared radar commissioning and decommissioning reports documenting that such action would be consistent with the final modernization criteria established above; (3) commissioning an automated surface observing system located at an airport unless the weather services provided after commissioning will continue to be in full compliance with applicable flight aviation rules; (4) closing, before January 1, 1996, any NWS field office pursuant to implementation of the Strategic Plan; (5) closing or relocating any NWS field office located at an airport unless the Secretary determines that such action will not result in degradation of service that affects aircraft safety; (6) closing or relocating any NWS field office which is the only office in a State unless the Secretary determines that a comparable level of weather services provided to in-State users will remain; or (7) closing, consolidating, automating, or relocating a NWS field office until arrangements have been made to maintain at least one person in the service area to act as a liaison officer with area weather service users with respect to the provision of information regarding NWS modernization and restructuring activities and weather warnings and forecasts. Establishes the Modernization Transition Committee. Specifies Committee duties, which include reviewing proposed certifications and advising the Congress and the Secretary on implementation and development of the Strategic and National Plans and establishment of modernization criteria. Requires the Secretary to prepare a report for the Congress on the proposed NWS modernization. Specifies report contents. Repeals provisions of the NASA Act with respect to NWS modernization.
Bill· HRH.R. 5933 (102nd)open
United States · United States Congress · 14 September 1992
Federal Courts Administration Act of 1992 - Title I: Implementation of Federal Courts Study Committee Recommendations - Amends the Federal judicial code to authorize the Supreme Court to prescribe rules for appeal of interlocutory decisions to the courts of appeals. Amends: (1) the Economic Stabilization Act of 1970 to allow appeals from orders or judgments entered by a U.S. district court in cases arising under such Act to be brought in the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), subject to specified limitations; and (2) the Natural Gas Policy Act of 1978 to transfer all cases of the Temporary Emergency Court of Appeals to the Federal Circuit. Includes within the jurisdiction of the Federal Circuit specified appeals under: (1) the Economic Stabilization Act of 1970; (2) the Emergency Petroleum Allocation Act of 1973; (3) the Natural Gas Policy Act of 1978; and (4) the Energy Policy and Conservation Act. Abolishes the Temporary Emergency Court of Appeals and transfers any pending cases to the Federal Circuit. Amends the Federal criminal code to authorize a magistrate judge to: (1) revoke, modify, or reinstate (currently, revoke or reinstate) the probation of a defendant that such judge has sentenced; and (2) modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. Permits a district judge to designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge (including, in the case of revocation, a recommended sentence). Directs the magistrate judge to file his or her proposed findings and recommendations. Amends the Federal judicial code to authorize the Chief Justice of the United States, in the public interest, to designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (Current law makes no mention of the public interest and authorizes such action upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.) Title II: Judicial Survivors' Annuities Improvements - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute 2.2 percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official who ceases to be married after making the election to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts (Administrative Office). Requires such official to also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director shall prescribe. Authorizes the Director to provide for waiver of the notification requirement with respect to a spouse or former spouse if such official established to the Director's satisfaction that the whereabouts of such person cannot be determined. Directs the Comptroller General of the United States, at the end of each three-fiscal year period, to determine whether the contributions by officials during such period accounted for 50 percent of the costs of the Fund and, if not, what adjustments in the contribution rates should be made to achieve that 50 percent figure. Sets forth reporting requirements. Requires the Director, of the basis of each such report, to adjust the contribution rates in accordance with the report. Specifies that such rates shall thereafter apply, subject to specified limitations. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Permits any official who elects to participate to make a redeposit to the credit of the Fund in installments, in such amounts and under such conditions as may be determined by the Director. Specifies that if an official elects to make a redeposit in installments: (1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to such official in a lump-sum payment; and (2) the election to participate shall be effective upon payment of the first such installment. Directs the Comptroller General to: (1) conduct an audit of the judicial survivors annuities program for the three-year period beginning on the date of enactment of this Act; and (2) report to the Congress on the results of such audit, comparing such program to other survivors annuities programs within the Federal Government. Puts officials, including judges of the U.S. Court of Federal Claims (as redesignated under title IX of this Act), the district courts of Guam, the Northern Mariana Islands, or the Virgin Islands, and bankruptcy and magistrate judges on a par with any other "justice or judge of the United States" (those covered under current law) with respect to eligibility for Government life insurance, termination of insurance, and conversion rights, subject to specified limitations. Makes any member of a family who is a survivor of a justice or judge of the United States, a judge of the U.S. Court of Federal Claims, the district of Guam, the Northern Mariana Islands, the Virgin Islands, a bankruptcy judge, or a full-time magistrate judge eligible for Government health insurance. Title III: Judicial Financial Administration - Amends the Federal judicial code to provide for the award of filing fees in actions brought by the United States in which the United States prevails (regardless of whether the Government paid the fee upon commencing the action). Revises provisions with respect to the disposition of filing fees. Provides that: (1) of the amounts paid to the clerk of court as a fee or a judgment for costs, $60 shall be deposited into a special fund of the Treasury to offset funds appropriated for the operation and maintenance of U.S. courts; and (2) if the court authorizes a fee or judgment for costs of less than $120, the entire fee, up to $60, shall be deposited into such fund. Title IV: Jury Matters - Permits prospective jurors in Massachusetts to be selected from the resident list provided for under Massachusetts law, rather than from voter lists. Extends Federal Employees' Compensation Act (workers' compensation) coverage to jurors when they are traveling to or from court. Permits reimbursement of grand jurors' actual reasonable costs of air travel to district court pursuant to a summons, under guidelines set by the Judicial Conference, when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves. Provides permanent authorization for optional use of a one-step summoning and qualification procedure for jury selection. (Current law provides for experimental use of such procedure.) Title V: Miscellaneous - Amends: (1) the Federal judicial code to permit courts of appeals to pretermit any regular session of court at any place for insufficient business or other good cause without the consent of the Judicial Conference, and to transfer the reporting requirement for fees and expenses under the Equal Access to Justice Act from the Director to the Attorney General; (2) the Financial Institutions Regulatory and Interest Rate Control Act of 1978 to eliminate a duplicative reporting requirement; and (3) the Judicial Improvements Act of 1990 to allow the Federal Judicial Center an additional nine months to submit to the Congress and the Judicial Conference the report on its study of intercircuit conflicts and structural alternatives for the Federal Courts of Appeals. Amends the Federal judicial code to authorize the Director to provide for the sale or disposal of recyclable scrap materials held by any entity within the judicial branch, subject to specified requirements. Specifies that a civil action wherein jurisdiction is founded only on diversity of citizenship may be brought only in specified judicial districts, including one in which the defendants are subject to personal jurisdiction at the time the action is commenced (as under current law) if there is no district in which the action may otherwise be brought. Amends the Civil Justice Reform Act of 1990 to require the Director to transmit to the U.S. district courts a summary of each (currently, each) report on the state of each such court's civil and criminal dockets. Provides for the recovery of costs and fees in the U.S. Court of Veterans Appeals under the Equal Access to Justice Act. Title VI: Judiciary Personnel Administration, Benefits, and Protections - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt the Judicial Officers' Retirement Fund, the Court of Federal Claims Judges' Retirement Fund, and payments to the Judiciary Trust Funds from reductions under such Act. Defines court reporters as "full-time" employees for annuity purposes if they are paid full-time salaries. Authorizes the Federal Judicial Center to: (1) cooperate with and assist Federal agencies and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries; and (2) fix compensation of secretarial and clerical personnel without regard to General Schedule pay rates. Title VII: Criminal Administrative Matters - Directs probation and pretrial services officers: (1) when directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, to keep informed as to the conduct and provide supervision of persons conditionally released; and (2) to report any violation of such a condition to the court and Attorney General or his designee. Affords Criminal Justice Act attorneys and experts, and community defender organizations, travel and lodging at Government rates. Title VIII: State Justice Institute Reauthorization - Amends the State Justice Institute Act of 1984 to authorize appropriations for the State Justice Institute for FY 1993 through 1996. Authorizes the Institute, upon application by an appropriate State or local (currently, Federal, State, or local) agency or institution and if the arrangement to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, to award a grant or enter into a cooperative agreement or contract with a unit of State or local (currently, Federal, State, or local) government other than a court. (Current law also requires the Institute to give priority to specified grants, cooperative agreements, or contracts.) Grants the Institute the authority to enter into contracts with Federal agencies to carry out the purposes of the Act. Title IX: Court of Federal Claims - Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Specifies that: (1) the annuity of a Claims Court judge on senior status after age 65 shall be comparable to that of other senior status Federal trial judges insofar as social security taxes and payments are concerned; and (2) Claims Court judges are judicial officers eligible for coverage under specified annuity and insurance programs. Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings, with exceptions; and (4) the Federal Circuit to permit an appeal from an order of the chief judge of the Claims Court with respect to such proceedings. Amends the Contract Disputes Act of 1978 to provide that: (1) if the certification of a claim under such Act is technically defective, a court or agency board of contract appeals may permit the certification to be corrected at any time prior to a final decision by the court or agency board of contract appeals unless the failure to properly certify in the first instance was fraudulent, in bad faith, or with reckless or grossly negligent disregard of the requirements of the relevant statutes or regulations; and (2) if the contracting officer did not challenge the validity of the certification and the court or agency board of contract appeals permits the defective certification to be corrected under such provision, interest shall accrue on the claim from the date the claim was first submitted to the contracting officer. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified power to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the chief judge of such court, attend any session of the court in such district. Title X: Effective Date - Specifies that the effective date of this Act shall be January 1, 1993, with exceptions. Makes all sums expended pursuant to this Act subject to the availability of appropriations.
Bill· HRH.R. 5911 (102nd)referred
United States · United States Congress · 9 September 1992
Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance to Meet the Present Emergencies Arising from the Consequences of Hurricane Andrew and other Natural Disasters - Makes supplemental appropriations for FY 1992 for emergencies arising from natural disasters such as Hurricane Andrew and Typhoon Omar. Designates such amounts as emergency requirements for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Makes additional appropriations available to the Department of Agriculture for: (1) the Agricultural Research Service for buildings and facilities; (2) the Commodity Credit Corporation for crop losses and the tree assistance program; (3) the Soil Conservation Service for watershed and flood prevention operations; (4) the Agricultural Stabilization and Conservation Service for the emergency conservation program; (5) the Farmers Home Administration for the agricultural credit insurance fund program account, the rural housing insurance fund program account, the rural development insurance fund program account, the rural development loan fund program account, rural water and waste disposal grants, very-low-income housing repair grants, rural housing for domestic farm labor, emergency community water assistance grants, and salaries and expenses; and (6) the Food and Nutrition Service for the food stamp program. Declares that funds provided by this title are available only to the extent funds are not provided by the Federal Emergency Management Agency. Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes additional funds available to: (1) the Department of Commerce for the Economic Development Administration, the Minority Business Development Agency, and the National Oceanic and Atmospheric Administration; (2) the Department of Justice for general administration, legal activities, the Federal Prison System, and the Office of Justice Programs; (3) the Department of State for the administration of foreign affairs; (4) the Judiciary for Courts of Appeals, District Courts, and other judicial services; and (5) the Small Business Administration for the disaster loans program account. Title III: Department of Defense - Military - Makes additional amounts available for incremental costs of military, reserve, and national guard personnel and for operation and maintenance of military forces. Title IV: Energy and Water Development Department of Defense - Civil - Makes additional funds available to the Army Corps of Engineers-Civil for general construction, flood control and coastal emergencies, operation and maintenance, and flood control for the Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee. Title V: Department of the Interior and Related Agencies - Makes additional appropriations available to the Department of the Interior for: (1) the United States Fish and Wildlife Service; (2) the National Park Service; (3) the United States Geological Survey; and (4) the Bureau of Indian Affairs. Title VI: Departments of Laobr, Health and Human Services, Education, and Related Agencies - Makes additional funds available to: (1) the Department of Health and Human Services for the Public Health Emergency Fund; (2) the Department of Education for educational excellence, impact aid, student financial assistance, and departmental management. Title VII: Department of Defense - Military - Makes supplemental amounts available to cover incremental costs at Homestead Air Force Base, Florida, for military construction and family housing. Title VIII: Department of Transportation and Related Agencies - Makes additional funds available to the Department of Transportation for: (1) the Coast Guard; (2) the Federal Aviation Administration; (3) the Federal Transit Administration; and (4) the Research and Special Programs Administration. Title IX: Treasury Department, U.S. Postal Service, the Executive Office of the President, and Certain Independent Agencies - Makes supplemental funds available to: (1) the Department of the Treasury for the U.S. Customs Service and the Internal Revenue Service; and (2) the General Services Administration (GSA) for the Federal Buildings Fund and the Federal Supply Service. Authorizes the Secretary of the Treasury and the Administrator of GSA to hire temporary employees as necessary for government operations in areas affected by Hurricane Andrew and Typhoon Omar. Amends the Treasury, Postal Service and General Government Appropriations Act, 1992 to repeal restrictions on travel expenses on employees subject to such Act. Authorizes heads of Federal agencies to establish emergency administrative leave as necessary for employees affected by the Hurricane and the Typhoon. Title X: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes additional amounts available to: (1) Department of Veterans Affairs for the Veterans Health Administration and departmental administration; (2) the Department of Housing and Urban Development for housing programs, housing counseling assistance, guaranteed housing loans, and management administration; and (3) the Federal Emergency Management Agency for disaster relief, the disaster assistance direct loan program account, the community disaster loan program account, and salaries and expenses.
Bill· SS. 3137 (102nd)open
United States · United States Congress · 6 August 1992
National Defense Authorization Act for Fiscal Year 1993 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Funding Authorizations - Authorizes appropriations to the Army, Navy, Marine Corps, and Air Force for FY 1993 for: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes the Secretary of the Navy to transfer certain prior-year unobligated shipbuilding and conversion balances to the FY 1993 shipbuilding and conversion funds. Authorizes appropriations for FY 1993 for: (1) the defense agencies; (2) the Defense Inspector General; (3) the reserves and National Guard; and (4) the chemical demilitarization program. Subtitle B: Army Programs - Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which authorized appropriations for the development of the Apache helicopter program. Authorizes the use of funds received from the sales of tanks, infantry vehicles, or armored personnel carriers by the United States under the Arms Export Control Act during FY 1990 and 1991 to upgrade such armored vehicles for fielding to the Army. Prohibits the Improved Chemical Agent Monitor from being procured for the armed forces until the Secretary of the Army completes certain testing and congressional notification with respect to such program. Subtitle C: Navy Programs - Earmarks funds from this Act for shipbuilding and conversion for specified replacement, overhaul, and conversion programs within the Navy, with a limitation with respect to advanced procurement for the aircraft carrier replacement program. Prohibits the use of funds made available by this Act or otherwise for FY 1993 from being used for: (1) a certain electronic warfare system and the Airborne Self Protection Jammer, until their operational suitability has been determined; and (2) the AV-8B radar upgrade program. Allows for the modification of F-14 aircraft, with limitations as provided in appropriation Acts. Directs the Secretary of Defense (Secretary) to report to the Congress with respect to procurement of strategic sealift. Subtitle D: Air Force Programs - Earmarks specified funds made available by this Act for Air Force procurement for the C-17 aircraft program, with certain requirements to be met by the Secretary and the Secretary of the Air Force before such sums may be obligated. Requires the Secretary to report to the Senate and House Armed Services Committees (the defense committees) with respect to an initiative to maintain control over costs, contractor performance, and management performance within the C-17 aircraft program. Provides additional funding for such program, with limitations. Requires the Secretary to make certain certifications to the defense committees with respect to the correction of fuel leaks on C-17 production aircraft. Authorizes the Secretary of the Air Force to sell components or other material procured during FY 1990 through 1992 for advance procurement for F-16 aircraft and use such proceeds for procurement of spare parts and support equipment for such aircraft. Subtitle E: Defense Agency Programs - Earmarks specified funds made available by this Act for defense agency procurement as funding for certain tactical intelligence programs, with limitations. Requires operational test and evaluation and survivability testing of certain helicopter programs to be completed prior to their release for operational use. Subtitle F: Strategic Programs - Prohibits the obligation of funds for the advance procurement of Trident II missiles until a certain cost savings report has been submitted to the defense committees. Directs the Secretary to prepare and implement a plan for testing the survivability and operational effectiveness of nonstealth heavy bombers against potential targets, as well as defenses that such bombers might encounter during conventional conflicts during the next 20 years. Requires a report. Prohibits the Secretary from obligating funds for the procurement of the CORE electronic countermeasures system until such report is received and the Secretary makes certain certifications to the defense committees with respect to the operational suitability and effectiveness of such system. Earmarks specified Air Force procurement funds under this Act for procurement for the B-2 bomber aircraft program, limiting the deployment of such aircraft to 20 plus one test aircraft. Limits the obligation of funds for such aircraft until the Secretary has made certain reports and certifications to the defense committees with respect to the performance and survivability assessment of such aircraft, as well as total costs. Directs the Secretary to develop, and report to the defense committees on, a strategy for achieving substantial reductions in the cost of developing, acquiring, and supporting space systems operated by the Department of Defense (DOD). Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through October 1, 1993, the deadline for a study and report by the Secretary concerning the Ground Wave Emergency Network. Subtitle G: Chemical Demilitarization Program - Amends the Department of Defense Authorization Act, 1986 to extend through December 31, 2004, the deadline for the elimination by DOD of the existing stockpile of lethal chemical agents and munitions. Directs the Secretary of the Army to report to the Congress on the potential alternatives to the use of the Army's baseline disassembly and incineration process for the disposal of such agents and munitions. Prohibits the Army from carrying out any site preparation for such disassembly or incineration until such report is received, with exceptions. Requires the Secretary of the Army to report to the Congress on the Army's plans for destroying all chemical warfare material that would be required to be destroyed if the United States became a party to a chemical weapons convention (a group of countries requiring the destruction by its members of specified binary chemical weapons and munitions). Directs the Secretary of the Army to report to the Congress on the physical and chemical integrity of the existing chemical weapons that are contained in U.S. chemical weapons stockpiles and stored within eight chemical weapons storage sites within the United States. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorizations - Authorizes appropriations for FY 1993 for the armed forces, the defense agencies, the Deputy Director of Defense Research and Engineering, and the Director of Operational Test and Evaluation for research, development, test, and evaluation (R&D). Earmarks specified amounts of such authorization for: (1) basic research and exploratory development projects; (2) manufacturing technology development; and (3) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Sets forth program requirements, restrictions, or limitations with respect to the V-22 Osprey aircraft program. Directs the Commandant of the Marine Corps to report to the defense committees on the crash of such aircraft prototype that occurred on July 20, 1992. Limits to 50 percent the available FY 1993 authorized funds for such aircraft until such report is received. Earmarks specified FY 1993 R&D funds for R&D in connection with the special operations variant of such aircraft. Directs the Secretary to specify in the FY 1994 defense budget a separate program element for electronic warfare programs involving ship self-defense. Subtitle C: Missile Defense Program - Amends the Missile Defense Act of 1991 to revise provisions concerning the implementation of the U.S. goal of deploying an antiballistic missile system capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles. Directs the Secretary to transfer management and budget responsibility for R&D of all far-term follow-on technologies with respect to missile defense technology from the Strategic Defense Initiative Organization to the Defense Advanced Research Projects Agency (DARPA) or the appropriate military department, unless he determines and certifies to the Congress that transfer of a particular technology currently under the Organization would not be in the national security interests. Removes the current reference to the goal of the establishment of capable theater missile defense systems by FY 1996, while limiting R&D of follow-on technologies for such systems to those not likely to be incorporated into weapons within ten to 15 years after the date of enactment of such Act (December 5, 1991). Earmarks for obligation to the Strategic Defense Initiative (SDI) specified amounts of the total amount appropriated or made available to DOD for FY 1993. Earmarks such amounts to specific program elements of SDI. Authorizes the Secretary to transfer such specified amounts among the program elements, with limitations. Requires the Secretary to report to the defense committees on the allocation of funds appropriated for SDI for FY 1993. Places certain limitations on the obligation or expenditure of FY 1993 DOD funds for the development or testing of antiballistic missile systems or components, or the acquisition of material or equipment required for such development or testing. Subtitle D: Other Matters - Earmarks specified FY 1993 DOD R&D funds for the medical component of the Biological Defense Research Program of DOD, with limitations. Title III: Operation and Maintenance - Subtitle A: Authorizations of Appropriations - Authorizes appropriations for FY 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserve components of the armed forces, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, humanitarian assistance, the Defense Health Program, and support for the 1996 summer Olympics, the 1993 World University Games, and the 1994 World Cup Games. Authorizes appropriations for FY 1993 for working capital funds of the armed forces and the defense agencies. Authorizes appropriations for FY 1993 from the Armed Forces Retirement Home Trust Fund for the operation of the Armed Forces Retirement Home. States that funds authorized under this Act for humanitarian assistance shall be used to provide transportation for humanitarian relief for the people of Afghanistan and Cambodia, and for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Earmarks specified sums for noncombatants at or near the border between Thailand and Cambodia. Authorizes the Secretary to transfer specified sums to the Secretary of State for FY 1993 for providing such humanitarian assistance, requiring the Secretary of State to use the most economical commercial or military transportation possible. Requires the Secretary of Defense to report to specified congressional committees on specified dates on the provision of such assistance. Requires the Secretary to notify specified congressional committees on his intention to transport humanitarian relief to a country to which such transportation has not been specifically authorized by law. Authorizes the Secretary to provide logistical support and personnel services in connection with the 1994 World Cup Games, with a limitation. Authorizes the Secretary to transfer funds from the Defense Business Operations Fund and the National Defense Stockpile Transaction Fund to appropriations for operation and maintenance for FY 1993, with specified amounts earmarked to each military department. Subtitle B: Environmental Provisions - Requires the Director of the Defense Logistics Agency to evaluate, and report to the defense committees on, the use of class I substances (chlorofluorocarbons and halons) by the military departments and defense agencies. Prohibits any DOD contract awarded, modified, amended, or extended after June 1, 1993, from including a specification or standard that requires the use of an ozone-depleting substance unless the specification or standard is approved by the senior acquisition official for the procurement covered by the contract because a suitable substitute for such ozone-depleting substance is not currently available. Requires certain action to be taken by an official granting such an approval, including reports to the Secretary and notifications to the defense committees. Authorizes the Secretary to reimburse a contractor for reasonable costs incurred in providing a substitute for an ozone-depleting substance in the awarded contract. States that environmental restoration activities at current and former military installations shall be deemed to be functions that facilitate the national defense. Requires the Secretary of a military department to ensure that contracts entered into by such Secretary for environmental restoration activities at a current or former military installation provide for the military department and the contractor to share the risk of liability resulting from such restoration activities. Provides for contracting implementation of such risk-sharing requirement. Directs the Secretary to report to the defense committees on its implementation. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide that, in the case of real property owned by the United States that is part of a military installation to be closed, the head of the department or agency with jurisdiction over such property shall identify the real property on which neither hazardous substances nor petroleum products or its derivatives were stored for one year or more, are known to have been released, or were disposed of. Outlines identification procedures and deadlines. Requires a deed for the transfer or sale of such identified property to contain a covenant stating that any corrective action found to be necessary from the presence of hazardous substances or petroleum products on such property shall be conducted by the United States, with access to such property to take such corrective action as necessary. Requires the appropriate agency or department head having jurisdiction over a property used as a military facility on which any hazardous substance or petroleum product or its derivatives was stored for one year or more, is known to have been released, or was disposed of, and on which the United States plans to terminate military operations, to notify the State in which such property is located of any lease entered into by the United States that will encumber the property beyond the date of termination of operations on such property. Directs the Secretary to defend, indemnify, and hold harmless any State, political subdivision, or person that acquires ownership or control of a facility of a military installation against any actions arising out of the release or threatened release of any hazardous substance or pollutant or contaminant as a result of DOD activities at any military installation that is closed pursuant to a base closure law, unless such entity or person caused or contributed to such release or threatened release. Prohibits the use of FY 1993 environmental restoration funds for the payment of fines or penalties unless the act or omission for which the fine or penalty is imposed arises out of activites funded by those funds. Includes environmental restoration contracts of DOD (currently only R&D contracts) within provisions providing contractor indemnification for claims from an unusually hazardous risk taken by the contractor in fulfilling such contract. Amends CERCLA and other Federal law to extend through December 31, 1995, the authority to issue contractor surety bonds for the performance of environmental response actions in connection with certain defense environmental programs. Prohibits funds appropriated or otherwise made available to DOD for FY 1993 from being used to purchase surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD. Establishes the Legacy Fellowship Program in Natural and Cultural Resource Management (Program) to provide training to civilian and military personnel in the management of natural and cultural resources. Requires at least three fellows to be appointed for participation in such Program. Provides Program funding from FY 1993 DOD authorizations. Authorizes supplemental appropriations for FY 1992 and 1993 for environmental restoration, defense, and the Department of Defense Base Closure Account 1990. Subtitle C: Defense Economic Diversification, Conversion, and Stabilization - Amends the Defense Economic Diversification, Conversion, and Stabilization Act of 1990 to require the Secretary of Defense to be chairman of the Economic Adjustment Committee. (Currently, such chairmanship rotates between the Secretaries of Defense, Commerce, and Labor on a yearly basis.) Directs the Chairman to establish an Executive Council of such Committee to develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to them under programs administered by the Departments of Defense, Commerce, and Labor and the Small Business Administration (SBA). Requires notification to be provided to affected communities, businesses, and workers with respect to the lack of any follow-on contracts or other defense-related contract activity. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authorization of appropriations for certain defense stabilization activities outlined under such Act. Provides an identical extension under such Act with respect to defense conversion adjustment. Directs the Secretary, in consultation with the Secretary of Education, to provide financial assistance to local educational agencies (LEAs) if, without such assistance, such LEA will be unable to provide students in schools of such LEA with a level of education that is equivalent to the minimum level of education available in the schools of the other LEAs in the same State. Outlines additional eligibility requirements. Directs the Secretary, in assisting communities in making adjustments resulting from reductions in the size of the armed forces, to transfer to the Secretary of Education funds to make payments to LEAs that are entitled to receive educational benefits for children of persons who reside or work on Federal property, who are on active duty in the armed forces, or who are refugees. Directs the Secretary to report to the Congress on the LEAs affected by the closures and realignments of military installations and by redeployments of members of the armed forces. Provides funding for such payments to eligible LEAs through FY 1993 DOD operation and maintenance authorizations. Subtitle D: Department of Defense Civilian Personnel Transition Initiatives - Requires the Secretary of the military department concerned, if such Secretary separates an employee from employment under a reduction in force and within two years after such separation seeks to employ a person for that same position or a position in the same competitive area, to first offer the separated employee such position, and to not employ a contract or temporary employee in the position. Requires the Secretary concerned, in seeking to reemploy separated employees but not in a sufficient number to reemploy all such employees, to offer reemployment on the basis of seniority in Federal service. Directs the Office of Personnel Management (OPM) to establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency (except the General Accounting Office and agencies conducting intelligence activities) that are to be filled by appointments for more than one year and for which applications are being accepted from outside the agency work force. Requires such list to be available to the public. Requires the Director of OPM to begin providing such information by toll-free telephone within 120 days after enactment of this Act. Requires an agency, in filling a vacant position for which a qualified displaced employee (a current or former DOD employee notified of termination or separated from employment due to a reduction in force) has properly applied, to give full consideration to such application before selecting any applicant from outside the agency for the position. Provides such preference for 12 months after notice or separation. Requires certain notification to be given, in the case of employees released from employment due to a reduction in force: (1) to the employee; (2) to his or her collective bargaining representative; and (3) if the reduction involves a significant number of employees, to the appropriate State dislocated worker unit and the chief official of the local government concerned. Authorizes the President to shorten the otherwise-required 60-day period of advance notification of such reductions in force because of circumstances not reasonably foreseeable. Amends the Defense Base Closure and Realignment Act of 1990 to provide that the date of notice of termination of employment of an employee of a military installation being closed or realigned under a base closure law (for purposes of determining eligibility for defense conversion adjustment assistance under the Job Training Partnership Act) shall, unless actual notice of termination is given, be 12 months before the closure or realignment is completed. Makes an identical amendment to the Defense Authorization Amendments and Base Closure and Realignment Act. Authorizes the Secretary concerned to pay a civilian employee having been employed for a continuous period of at least 12 months a separation benefit if such employee separates voluntarily from employment by either resignation or retirement. Outlines administrative provisions concerning the payment of such separation benefit, and prohibits such payment for a separation occurring after December 31, 1997. Restores certain leave of a Federal civilian employee of a military installation during the closure of such installation between October 1, 1992, and December 31, 1997. Requires certain reports. Provides for the continuation of certain Federal employee health benefits if the basis for such continuation of coverage is involuntary separation from a DOD position due to a reduction in force, limiting the individual to payments of no more than the required employee contributions for such coverage. Applies Thrift Savings Plan and Civil Service Retirement System benefits to employees (and their spouses) separated from service due to a reduction in force. Authorizes the Secretary and the Secretaries of the military departments to provide up to one year of training to civilian DOD employees who are separated from employment as a result of a reduction in force or the closure or realignment of a military installation. Allows such training between October 1, 1992, and September 30, 1995. Directs the Secretary to publish a register of the skill training programs carried out by DOD. Subtitle E: Other Matters - Extends through April 15, 1994, the authorized period of management by the Secretary of the Defense Business Operations Fund (DBOF). Limits the obligations authorized to be incurred by the Secretary in FY 1993 against the supply management divisions of the DBOF, with an exception when determined critical to U.S. national security. Extends through FY 1994 a required annual report from the Secretary concerning the security and control of DOD supplies. Adds to the information required in such report. Repeals a Federal provision requiring the Secretary to establish guidelines for reductions in the number of civilian DOD employees employed by industrial- or commercial-type activities. Directs the Secretary of the Army to provide for: (1) the operation and maintenance of indoor and outdoor rifle ranges; (2) the instruction of U.S. citizens in marksmanship and the employment of appropriate instructors; (3) the maintenance and management of matches or competitions in the use of such arms and the issue of necessary supplies; (4) the award of trophies; (5) the loan or sale of rifles and their ammunition and related equipment; and (6) the maintenance of the National Board for the Promotion of Rifle Practice. Authorizes such Secretary to issue for use in training and competition certain ammunition to qualifying gun clubs. Provides that amounts collected by such Secretary in the sale of guns and related supplies and ammunition shall be used to support the Civilian Marksmanship Program. Authorizes appropriations. Requires all rifle ranges constructed in whole or in part with funds provided by the United States to be used by members of the armed forces and persons capable of bearing arms. Authorizes the Secretary concerned to establish reasonable fees for use by civilians of a rifle range located on a military installation, to cover material and supply costs. Requires such fees collected to be used to maintain such rifle range. Prohibits civilian use of such range from interfering with any required military use. Provides for the payment of certain expenses of members of the armed forces competing at matches or competitions or attending small-arms firing schools. Allows funds authorized under this Act for operation and maintenance to be used to purchase items not exceeding $100,000 for each item. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal a requirement for a competition pilot program for the depot-level maintenance of materials. Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to provide optional summer school programs in the defense dependents' education system. Directs the Secretary to review the practices and procedures of the military departments regarding the use of civilian airfields in flight training activities of the armed forces, giving special consideration to airfields located in heavily populated areas. Directs the Secretary to sell to South Korea all or any part of obsolete ammunition in DOD inventory which is intended for use as reserve stocks for Korea and is located in a stockpile in South Korea on the date of enactment of this Act. Authorizes the Secretary to acquire logistic support, supplies, and services for elements of the armed forces deployed outside of the United States (currently, deployed in Europe and adjacent waters). Excepts a period of active hostilities involving the armed forces (currently, NATO) from a provision concerning the liabilities that may be accrued by the United States for the acquisition of supplies. Directs the Secretary of a military department or the head of a defense agency, when cost effective, to provide a preference for the procurement of the most energy efficient equipment available that meets the needs or requirements for the procurement. Directs the Secretary, using 50 DOD facilities, to conduct demonstration programs for using energy efficient lighting equipment and energy efficient refrigeration equipment. Requires audits. Requires facility designations and audit completions by specified dates. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Authorizes the Secretary to waive an end strength when considered necessary to prevent personnel imbalances that would impair long-term combat readiness. Authorizes the Secretary to transfer certain amounts appropriated to DOD under this Act in order to prevent involuntary separations that would otherwise be necessary to reduce the size of an armed force to within the authorized end strength. Requires the Secretary to promptly notify the Congress of any such transfers. Authorizes the Secretary to adjust end strengths in the national interest, with limitations to such adjustments for both active-duty and reserve forces. Repeals specified provisions of the National Defense Authorization Act for Fiscal Year 1991 and the National Defense Authorization Act for Fiscal Years 1992 and 1993 which limit reductions in the number of DOD medical personnel. Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to designate up to eight general and flag officer positions within joint duty requirements for exclusion from limitations on the end strengths for general and flag officers on active duty. Subtitle B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Allows such end strengths to be reduced in proportion to the total amount of reserve members on active duty, with a proportionate increase when such personnel return to reserve duty. Prohibits, with specified exceptions, any unit of the Selected Reserve from being inactivated during FY 1993. Requires the Secretary to provide the defense committees with the rationale for any unit inactivation sought. Authorizes end strengths for FY 1993 for reserve personnel serving on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Authorizes the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act. Subtitle D: Funding Authorization - Authorizes appropriations for FY 1993 for the use of the armed forces for military personnel. Title V: Military Personnel Policy - Subtitle A: Reserve Component Matters - Directs the Secretary to ensure that, by the end of FY 1993, a specified number of active Army combat support positions are transferred to the reserve components of the Army. Prohibits the Secretary from reducing the number of Army National Guard or Army Reserve medical personnel below the number existing on September 30, 1992. Extends through FY 1993 certain reserve officer management programs. Prohibits former Army or Air Force reserve officers from being reenlisted if: (1) the person was discharged or released from active duty as a reserve on the basis of misconduct, moral or professional dereliction, duty performance below prescribed standards, or retention being inconsistent with national security; or (2) the person's former enlisted status and grade was based solely on the participation in a precommissioning program that resulted in the reserve commission held by such person before release or discharge. Subtitle B: Services Academies - Prohibits the use of funds appropriated to DOD to support the assignment of more than one general officer to permanent duty at the United States Military Academy and at the United States Air Force Academy or to support the assignment of any general officer in a grade above general to permanent duty at either Academy. Provides a transition provision. Allows the Chairman of the JCS to waive such prohibition to meet unsatisfied requirements for general officer joint duty positions. Directs the Secretary to report to the defense committees a plan for implementing certain recommendations reported by the Comptroller General regarding military preparatory schools. Directs the Secretary to recommend to the defense committees legislation for: (1) establishing an equal number of civilian and military faculty members at the U.S. Military Academy and the U.S. Air Force Academy; and (2) phasing out the assignment of military personnel as permanent professors at those academies. Prohibits funds appropriated to DOD from being used to support the assignment of enlisted personnel for permanent duty in a military band for any service academy band. Prohibits funds made available for pay of military personnel from being used to pay for noninstructional positions at the service academies not certified by the DOD Inspector General as being directly involved in the administration of the faculty or students or in the maintenance of facilities or equipment. Requires each service academy to be under the supervision and control of the commander of the major Army, Navy, or Air Force command having jurisdiction over that department's officer training program. Subtitle C: Officer Personnel Policy - Directs the Secretary to report to the defense committees on the plans of the military departments for the procurement of officer personnel during each of FY 1993 through 1997. Requires a related report on planned officer assignments for commissioned officers who begin their obligated active duty service during such fiscal years. Directs the Secretary to provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each department and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system. Requires a report and provides funding. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to require the conduct of test assignments of female members of each armed force to duty in combat aircraft. Revises provisions concerning selective early retirement to authorize the Secretary concerned to submit to an early retirement selection board the names of all eligible officers who are also in particular year groups, specialties, or retirement categories, or any combination thereof within that competitive category. Provides for the retirement of certain limited duty Navy captains and commanders who have failed twice for promotion to the following grade. Limits the duration of a deferred retirement for such limited duty Navy officers. Subtitle D: Active Forces Transition Enhancements - Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations. Directs the Secretary to: (1) develop proposed uniform standards and procedures for the granting of appropriate credit for service in the armed forces under State teacher certification or licensing procedures; and (2) coordinate with appropriate State agencies the incorporation of such standards and procedures into such State's certification or licensing requirements. Authorizes the Secretary to delegate his responsibilities to the Secretary of Education. Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements, and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995. Authorizes the Secretary concerned, upon the member's request, to grant an early retirement to regular or reserve commissioned officers in their respective military departments who have served between 15 and 20 years, as long as such members agree to register on the public or community service registry maintained under this Act by the Secretary and receive counseling regarding such job opportunities. Provides for the computation of the retired pay of members so retired, and provides funding for the implementation of such early retirement. Terminates such authority on October 1, 1995. Provides that if a member so retired is actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service which includes the years of public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for the purpose of payment of survivor annuities. Allows active-duty personnel who are voluntarily discharged or released from the armed forces, who have completed a program of education leading to a standard college degree, and who previously made an election while on active duty not to participate in the Montgomery GI Bill educational assistance program to withdraw such election within 90 days after discharge or release and participate in the program. Requires a $1,200 payment to the Secretary of Veterans Affairs by such individuals for participation in the program. Provides that, except for annual training or active duty for training of 30 days or less, a reserve member entitled to voluntary separation incentive payments who is also entitled to basic pay for active service shall forfeit an amount of voluntary separation incentive pay which is equal to the total amount of basic pay received during such concurrent periods. Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty. Directs the Secretary and the Director of OPM to jointly carry out a program to provide eligible persons with temporary health benefits under the program of continued health coverage provided for former civilian employees of the Government. Makes eligible for such continued coverage members who were voluntarily or involuntarily discharged or released from active duty under other than adverse conditions, were entitled to medical and dental care prior to such discharge or release, and would not otherwise be eligible for such benefits after such discharge or release and any applicable period of transitional health care. Outlines provisions concerning: (1) notification by the Director of eligibility; (2) election by the member to receive such continued benefits; (3) coverage of dependents; (4) charges for such coverage, to be paid into the Employees Health Benefits Fund; (5) contributions into such Fund by the Secretary in the case of coverage for a member involuntarily discharged; (6) the period of continued coverage; (7) transitional provisions; and (8) termination of other health conversion policies upon election of coverage under the above health benefits continuation program. Subtitle E: Guard and Reserve Transition Initiatives - Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction transition period (period), no unit in the Selected Reserve may be inactivated and no such member may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly, with respect to their service to their country, and with attention to the adverse personal consequences of unit deactivation or involuntary discharges or transfers. States that the protections afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay. Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length of such annual payments as well as its computation. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides funding. Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date and before October 1, 1995, has completed at least 15 years of service and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and are involuntarily discharged or transferred from the Selected Reserve. Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the period. Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for one year after such cessation or one year after the enactment of this Act, whichever is later. Increases from 120 to 365 days after the involuntary termination as a member of the Selected Reserve the period during which continued coverage under Servicemen's Group Life Insurance will be provided, as long as such member is able to fulfill certain other requirements for eligibility for such insurance. Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of the service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions. Subtitle F: Other Matters - Provides for retention on active duty until the completion of 20 retirement-eligible years of service for certain enlisted regular and reserve members who have completed at least 18, but less than 20 years of such creditable service. Reduces from 300 to 240 the authorized number of enlisted personnel to be assigned to duty at any one time as enlisted aides. Allows the assignment as an enlisted aide to the personal staff of an officer only if such officer is a commander. Limits the authorized amount of FY 1993 DOD funds that may be expended for the costs of permanent changes of station. Reduces the number of personnel authorized to carry out recruiting activities during FY 1994 to 90 percent of that authorized for FY 1992. Limits to 3,500 the total number of Junior Reserve Officers' Training Corps units that may be established and maintained by the military departments. Authorizes the Secretary concerned to pay the entire amount of such educational costs to an institution if the Secretary determines such to be in the national interest and the interest of the community of that institution. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives during FY 1993 a required pay increase for military personnel in conformity with the annual GS-level increase for the Federal Government. Increases by 3.7 percent the rates of basic pay, basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1993. Provides temporary rates of basic pay for the period after December 31, 1992, and before October 1, 1995, for certain noncommissioned officers and warrant officers and for certain colonels and Navy captains. Extends through FY 1993: (1) the enlistment and reenlistment bonus for members possessing critical skills; (2) the aviator retention bonus; (3) the bonuses for reserve enlistments, reenlistments, affiliations and extensions; (4) the special pay authority for enlisted members of the Selected Reserve assigned to high priority units; (5) the period for repayment of education loans for certain health professionals who serve in the Selected Reserve; (6) the accession bonus for registered nurses; (7) the nurse candidate accession program; and (8) the special pay for nurse anesthetists. Subtitle B: Other Matters - Directs the Secretary to report to the defense committees the Secretary's recommendations for legislation permitting the concurrent payment to members and former members of the armed forces of full military retirement benefits and full compensation for service-connected disabilities payable under laws administered by the Secretary of Veterans Affairs. Directs the Secretary to reserve in a DOD contingency fund a sufficient amount to ensure such concurrent payments in FY 1994 if such legislation is enacted. Expands the expenses considered reimbursable under a DOD adoption expenses programs covering members adopting a child under 18 years of age to include expenses relating to pregnancy and childbirth for the biological mother, and temporary foster care charges when payment of such charges is required immediately before the child's placement. Includes transportation expenses relating to the adoption, with exceptions. Makes identical expansions under the Coast Guard adoption expenses coverage program. Prohibits any person from having any lien on baggage and household goods being transported for military personnel at Government expense or on a motor vehicle being so transported. Authorizes the payment of an advance of pay of up to two months' basic pay to a member on duty outside the United States or other place designated by the President if the member or his or her dependents are ordered to be evacuated by competent authority. Provides an increase in a recomputed retirement pay for certain enlisted members credited with extraordinary heroism in the line of duty during a period of active service. Includes certain travel and transportation allowances within the benefits authorized under the special separation benefits program (a program of voluntary separation from the armed forces in return for the receipt of certain benefits). Authorizes the payment of retired pay for a person who, before August 16, 1945, was a member of the reserves, if such person performed at least 20 years of retirement-creditable service. Excludes certain service before such date in the computation of retirement-creditable service. Provides a subsistence for expenses incurred by a member of the armed forces while performing duties as an escort of an arms control inspection team of a foreign country while the team is engaged in activities relating to the implementation of an arms control treaty or agreement. Title VII: Health Care Provisions - Authorizes a chiropractor who is qualified under regulations prescribed by the Secretary of the military department concerned to be appointed as a regular commissioned officer in the Army Medical Service Corps, the Navy Medical Corps, or in the Air Force for designation as a chiropractic officer. Revises the dependents' dental program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) by: (1) repealing the authority for the provision of a supplemental dental benefits plan for spouses and children of active-duty personnel; (2) increasing to up to $20 monthly (currently $10) the member premium for such coverage; (3) expanding such coverage to include orthodontic services, crowns, gold fillings, bridges, and complete or partial dentures; (4) requiring a percentage payment as determined appropriate by the Secretary for the services provided under such expanded coverage; and (5) directing the Secretary to devise and implement a program for the improvement of the provision of dental benefits to such members' dependents. Expresses the sense of the Congress that members of the armed forces, and their dependents and survivors, should have access to health care under the health care delivery system of the armed forces regardless of age or health care status. Outlines specified action to be taken under a comprehensive managed health care plan for such individuals by the Secretaries of Defense, Health and Human Services, and Transportation. Directs the Secretary to establish a joint services working group on the provision of military health care to persons who rely for health care on health care facilities at military installations being closed or realigned. Requires the working group to solicit views from those affected by such closures or realignments regarding suitable substitutes for such care. Requires the working group to recommend to the Congress and the Secretary alternative means of providing accessible health care to such individuals. Directs the Secretary to: (1) establish a program that permits eligible individuals to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under CHAMPUS; and (2) conduct the program in two or more regions, each region consisting of two or more States. Defines as persons eligible for such program any person entitled to medical care under a CHAMPUS contract, or a person over 65 years of age and living in an area affected by the closure of a health care facility as a result of the closure or realignment of a military installation at which the facility is located. Requires: (1) a fee to be charged individuals for the pharmaceuticals; and (2) a report. Directs the Secretaries of Defense, Health and Human Services, and Transportation to conduct annually a formal survey of CHAMPUS beneficiaries with regard to the availability of, familiarity with, and effectiveness of, such health care system. Reduces from $10,000 to $7,500 the maximum yearly cost of CHAMPUS health care required to be paid by a former member of the armed forces or an individual or family of two or more persons, effective as of FY 1993. Includes certain renal disease patients under Medicare coverage under an exception authorizing the continuation of concurrent CHAMPUS coverage for such patients. Applies such concurrent coverage with respect to health care benefits or services received after FY 1991 if such benefits would have been covered under a plan contracted for under CHAMPUS. Allows home health services and other services in connection with extraordinary physical or psychological conditions to be provided through CHAMPUS only through a program of individualized case management established by the Secretary and in a manner determined to be cost-effective and appropriate. Directs the Secretary and the Secretary of Health and Human Services (HHS) to jointly conduct a demonstration project that provides for the Secretary of HHS to reimburse DOD for health care services furnished to Medicare-eligible persons at a DOD health care facility. Requires amounts reimbursed to be used at that facility for the furnishing and expansion of health care services. Requires a report. Directs the Secretary to: (1) conduct a study of the feasibility and advisability of entering into risk-sharing contracts with health care organizations to furnish health care services to person entitled to such care in a military health care facility; (2) if determined feasible, develop a plan for entering into such contracts; and (3) report study results to the Congress. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to undertake a comprehensive review of the Federal employees health benefits program in order to determine whether furnishing health care under a similar program to CHAMPUS-eligible persons would be more efficient and cost-effective. Directs the Secretary to provide by contract for the operation of a health claims processing center to be known as the National Centralized Claims Processing System for CHAMPUS (Center). Requires: (1) the Center to commence operations within five years after enactment of this Act; and (2) competitive procedures for entering into such a contract. Outlines Center information collection, storage, and processing activities. Requires claims submitted to conform to requirements applicable to claims submitted under part A of Medicare. Requires the Secretary to determine whether the use of a standard identification card containing electronically readable information will enhance the capabilities of the Center. Directs the Secretary, during FY 1993 through 1996, to continue to test a broad array of reform options for furnishing health care to eligible persons under the CHAMPUS health care reform initiative. Directs the Secretary to ensure that a replacement or successor contract for the CHAMPUS Reform Initiative contract applicable for California and Hawaii is awarded in time to begin provision of health care there under the new contract by August 1, 1993. Directs the Secretary to provide by contract for a person outside the Government to perform an evaluation of the conduct of the CHAMPUS Reform Initiative in California and Hawaii, and to report evaluation results to the Secretary and the Congress. Directs the Secretary to modify the Policy Guidelines on the Department of Defense Coordinated Care Program to provide covered beneficiaries with additional positive incentives to enroll in the DOD coordinated care program. Directs the Secretary, as part of such incentive review, to consider the extent to which covered beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval. Prohibits the Secretary from denying access to military treatment facilities to those not enrolled in the program, while allowing the Secretary to establish reasonable admission preferences for those enrolled in the program as an incentive to encourage enrollment. Excludes certain unmarried incapacitated legitimate children of members or former members of the armed forces from CHAMPUS coverage. Entitles a member of the armed forces who is on duty at a station outside the United States (and any accompanying dependent) to the provision of any reproductive health service in a military medical facility outside of the United States serving that duty station in the same manner as any other type of medical care. Requires the member to pay the full cost of receiving such care. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Defense Conversion Policy for the National Defense Technology and Industrial Base - Sets forth provisions concerning the National Defense Technology and Industrial Base (NDTIB). Outlines NDTIB policy objectives and how they relate to defense conversion and civil-military integration objectives. Establishes the National Defense Technology and Industrial Base Council (Council) to provide overall policy guidance and direction to the military departments and defense agencies concerning: (1) the capabilities of the NDTIB to meet U.S. national security objectives; (2) programs for achieving the defense conversion objectives set forth; and (3) changes in acquisition policy that would strengthen the NDTIB. Directs the Council to prepare a comprehensive annual assessment of the NDTIB to achieve its stated objectives. Requires each assessment to include a sector (technology or industry) capability analysis containing specified information with respect to its ability to achieve the stated objectives. Outlines factors concerning foreign dependency on raw materials, systems, equipment, and facilities to be addressed in each assessment. Requires each such assessment to also include: (1) an analysis of the present and projected financial condition of each sector for specified periods; (2) an analysis of the impact of the terminations and significant reductions of major R&D programs and procurement programs of DOD on the capability of each sector to achieve its objectives; (3) a critical technology analysis that identifies the product and process technologies that are most critical for attaining the technology and industrial base objectives; and (4) an analysis of each sector's viability in light of defense and nondefense expenditures, integration with the commercial marketplace, and production. Directs the Council to prepare an annual plan for ensuring that the policies and programs of DOD, the Department of Energy (DOE), and other Federal departments and agencies are planned, coordinated, funded, and implemented in a manner which achieves policy objectives. Requires each plan to provide specific guidance, including goals, milestones, and priorities, with respect to: (1) sector viability; (2) manufacturing technology; (3) critical technologies; (4) integrated financing; (5) civil-military integration; (6) defense conversion; (7) technology and industrial base work force; (8) major program acquisition; and (9) acquisition reform. Requires the plan to establish funding priorities for each area of guidance. Directs the Secretary to provide the annual plan to the Secretaries of the military departments and the heads of other affected elements of DOD. Directs the Secretaries of Energy and Commerce to provide such guidance to appropriate officials within their respective departments. Requires an annual report by the Secretary to the Congress on the plan and the NDTIB assessment prepared for that year. Directs the Council to establish a federally funded R&D center to be known as the National Defense Center for Analysis of the Technology and Industrial Base (NDC). Outlines NDC duties with respect to the NDTIB, including assembling of information, studies and analyses, provision of technical support and assistance, and dissemination of unclassified information gathered. Directs the Secretary to prescribe regulations requiring consideration of the NDTIB in the development and implementation of acquisition plans for each major defense acquisition program. Outlines required contents of such acquisition plans, implementation provisions, and required dates for annual assessments of such plans. Requires the Council to establish the NDC within six months after enactment of this Act. Sets forth provisions concerning dual-use technologies (technologies having both commercial and military applications). Directs the Secretary to conduct a program providing for the establishment of cooperative arrangements (partnerships) between DOD and certain non-DOD entities (nonprofit research corporations, Federal laboratories, institutions of higher education, agencies of State governments, and other entities showing support for such work) in order to encourage and provide for research, development, and application of technologies to attain the NDTIB objectives. Limits partnership duration to five years. Provides 50 percent Federal funding of the partnership for the first year, reduced by ten percent each year of the partnership. Provides for consideration of in-kind contributions by non-Government participants in a partnership when determining the sharing of partnership costs. Requires competitive procedures to be used in the establishment of such partnerships. Outlines partnership selection criteria, and authorizes the Director of Defense Research and Engineering to perform the responsibilities of the Secretary under the partnerships. Renames the current critical technology application centers assistance program as the regional technology alliances assistance program. Provides funding for: (1) defense dual-use critical technology partnerships; (2) commercial-military integration partnerships; (3) defense regional technology alliances; and (4) the overseas critical technology monitoring and assessment financial assistance program. Directs the Secretary to establish within his Office the Office of Technology Transition to ensure that technology developed for national security purposes is integrated into the private sector of the United States in order to enhance the NDTIB. Provides further duties of the Office, and requires the Secretary to report to the defense committees on Office activities. Requires such Office to commence operations within 180 days after enactment of this Act. Directs the Secretary to establish a National Defense Manufacturing Technology Program to: (1) provide centralized guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; (2) direct the development and implementation of DOD goals, plans, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment; (3) improve the quality and practices of businesses providing goods and services to DOD; (4) promote dual-use manufacturing processes; (5) disseminate to businesses information concerning improved manufacturing concepts; (6) enhance the skills of the manufacturing work force; and (7) ensure appropriate coordination between the manufacturing technology and industrial preparedness programs of DOD and similar programs undertaken by other Federal departments and agencies and the private sector. Requires the Secretary to revise the program on an annual basis. Authorizes the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the manufacturing technology program. Earmarks specified amounts authorized for R&D under this Act for: (1) defense advanced manufacturing technology partnerships; (2) manufacturing technology extension programs; and (3) defense manufacturing education programs. Sets forth provisions concerning miscellaneous technology base policies and programs. Directs the Secretary to establish a program to achieve the NDTIB objectives set forth under this Act by providing dual-use enhancement capability support to various nonprofit, public, and private organizations. Outlines services provided under the program. Provides Federal funding of such program of 50 percent in the first year, 40 percent in the second year, and 30 percent in the third and following years. Outlines criteria for the selection of a program to receive such assistance, including the extent to which the program advances and enhances the NDTIB objectives. Directs the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the dual-use assistance extension program. Provides program funding from funds authorized to be appropriated to DOD under this Act. Reorganizes various Federal provisions relating to the NDTIB, and repeals inconsistent provisions. Earmarks specified funds for FY 1993 and thereafter for research and R&D activities under the Small Business Innovation Research Program (SBIR). Limits the amounts paid to a small business concern by DOD under the SBIR. Directs the Secretary to develop and issue a strategy for effectuating the transition of successful projects under the SBIR from phase II to phase III of the program. Extends through FY 1999 the SBIR within DOD. Directs the Secretary, during FY 1993, to give priority in the allocation of specified funds, including SBIR funds, to programs, projects, and activities that provide significant assistance for converting the capabilities of businesses that are economically dependent on DOD business to capabilities having both defense and nondefense commercial applications. Establishes the Advanced Research Projects Agency (Agency) as a defense agency, headed by a Director with assistance from a Deputy Director. Makes the Agency the central R&D organization of DOD, with specified defense R&D duties. Subtitle B: Acquisition Assistance Programs - Amends the Small Business Act to provide that a Government defense procurement contracting officer entering into a contract with a small business is not required to refer a determination of nonresponsibility made by that officer to the SBA unless the small business requests a determination of its responsibility, and the issuance of a certificate of responsibility, by the SBA. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1994 a test program for the negotiation of small business subcontracting plans. Limits the FY 1994 participants in such program. Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1999 the test program of contracting for printing-related services for DOD with disadvantaged small business concerns. Extends through FY 2000 the requirement for DOD to extend five percent of its defense procurement contracts to disadvantaged small businesses, historically Black colleges and universities, and other minority institutions. Directs the Secretary to actively monitor and assess the progress of the military departments, defense agencies and prime contractor of DOD in attaining such goal. Authorizes a person to request the Secretary to determine whether the use of small business set asides by a DOD contracting activity has caused a particular industry category to bear a disproportionate share of the progress made toward attainment of the small business contracting goal. Earmarks specified funds from this Act for FY 1993 for infrastructure assistance to historically Black colleges and universities and minority institutions. Earmarks specified FY 1993 funds made available under this Act for the pilot Mentor-Protege Program established under the National Defense Authorization Act for Fiscal Year 1991. Earmarks specified amounts of such earmarked funds for the direct reimbursement of developmental assistance costs incurred by mentor firms under major defense acquisition programs in the participation of such firms in the Program. Requests the Secretary to publish the DOD policy for such Program as required under Federal law within 15 days after enactment of this Act. Prohibits the SBA from making a disadvantaged small business concern ineligible to receive any assistance authorized under the Small Business Act because of participation in, or receipt of developmental assistance under, the Mentor-Protege Program. Directs the Secretary to determine the status of a small business as a disadvantaged small business. Repeals a provision prohibiting a protege firm from being considered an affiliate of a mentor firm for purposes of the Small Business Act solely on the basis of such a relationship under the Mentor-Protege Program. Earmarks specified FY 1993 funds authorized under this Act for the procurement technical assistance cooperative agreement program, further earmarking specified portions of such funds for specific programs under such program. Subtitle C: Miscellaneous Acquisition Policy Matters - Extends through FY 1994 a program for the use of master agreements for the procurement of advisory and assistance services. Revises the definition of a major defense acquisition program (MDAP) to include those programs which require an eventual total for R&D of more than $300,000,000 (currently $200,000,000) or an eventual total for procurement of more than $1,800,000,000 (currently $1,000,000,000), both figures based on constant FY 1990 (currently 1980) dollars. Authorizes the Secretary to adjust such amounts on the basis of DOD cost escalation rates, with written notification of such adjustments to the defense committees. Authorizes the Secretary to waive the requirement for submission of Selected Acquisition Reports (SAR) for a program for a fiscal year under specified circumstances, requiring written notification of such waivers to the defense committees. Provides identical requirements for changes in the contents of an SAR. Revises provisions concerning information required to be included in each SAR for the first quarter of a fiscal year, as well as delivery dates of reports by a MDAP program manager of the unit costs of that program. Requires an additional SAR when the Secretary of the military department concerned determines that the program acquisition or current procurement unit cost of a MDAP has increased by at least 15 percent. Waives a current Federal provision prohibiting the payment of severance pay to foreign nationals when the head of an agency awarding the contract makes certain determinations with respect to such payments. Directs the Secretary to report annually to the defense committees on any agency head use of such waiver authority. Prohibits the purchase by entities controlled by foreign governments of a company that is performing a DOD contract, a DOE contract under a national security program, or DOD or DOE prime contracts in an amount in excess of $500,000,000. Provides exceptions. Prohibits a DOD or DOE contract under a national security program from being awarded to a company owned by an entity controlled by a foreign government if it is necessary for that company to be given access to information in a proscribed (classified) category of information in order to perform the contract. Authorizes the Secretary to waive such prohibition for national security interests. Makes the policy of DOD with respect to the disposition of any invention made during the performance of a federally funded R&D contract, grant, or cooperative agreement identical to Federal provisions concerning patent rights in inventions made with Federal assistance. Waives such rights with respect to awards not covered under chapter 18 when the Secretary makes certain determinations. Provides an invention confidentiality requirement. Authorizes a contractor to resubmit a certification of a claim under a shipbuilding contract if the certification is determined to be deficient because of the position, status, or scope of authority of the person executing the certification. Requires such resubmission within 30 days of notification of a deficient certification. Amends the Arms Export Control Act and other Federal provisions to authorize DOD to share equitably with U.S. allies involved in a joint R&D contract the costs of claims with respect to any such R&D programs. Requires a firm that is performing a DOD contract in excess of $10,000,000 to notify DOD in advance of any intention to perform outside the United States any part of such contract in excess of $500,000 which could be performed in the United States. Makes such requirement inapplicable to contracts for military construction. Disallows the payment of an indirect cost under a covered defense contract if such cost violates a principle in the Federal Acquisition Regulation or the DOD Supplement to the Federal Acquisition Regulation. Requires the Secretary to assess a penalty against any contractor attempting to receive reimbursement for such a cost. Provides for the waiver of such penalty in prescribed circumstances. Directs the Secretary to carry out a science and technology fellowship program to enhance the ability of DOD to recruit and retain employees who are highly qualified in the fields of science and technology. Requires the Secretary to support a fellow under such program in a related research or teaching field in such areas after two years of Federal service as an employee in a science or technology position at DOD. Allows a contractor that has participated in defense system development, production, or testing solely as a representative of the Federal Government to be involved in the establishment of criteria for data collection, performance assessment, or evaluation activities for the operational test and evaluation of such system. Directs the Secretary to prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition from terminating or substantially reducing its participation in such program without the approval of the Under Secretary. Prohibits the Secretary from procuring a sonobuoy in a foreign country unless U.S. firms that manufacture sonobuoys are permitted to compete on an equal basis with foreign manufacturing firms for the sale of such buoys in that foreign country. Provides a waiver in the interest of national security. Defines "units to be procured until procurement is completed" under the shipbuilding total program reporting requirement. Title IX: Department of Defense Organization and Management - Subtitle A: General Matters - Requires transmission to the Congress after January 1, 1992, by the Secretary of a report of the Chairman of the JCS with respect to the roles and missions of the armed forces in the post-Cold War era. Designates the Vice Chairman of the JCS as a member of the JCS. Directs the Chairman of the JCS to establish on the JCS the position of the Assistant to the Chairman of the Joint Chiefs of Staff for National Guard and Reserve Affairs, to be the principal adviser to the Chairman on matters concerning the reserve components. Directs the Secretary of the Navy to consolidate and streamline the Navy headquarters establishments within the Office of the Chief of Naval Operations to reflect changes in the roles and missions of the Navy. Designates as one of the Assistant Chiefs of Naval Operations the Assistant Chief of Naval Operations for Expeditionary Warfare, to supervise the performance of all responsibilities of the Chief regarding expeditionary warfare. Directs the Secretary to make certain certifications to the defense committees with respect to the assignment of functions and personnel for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the special operations command. Provides an alternative to such certifications. Extends through calendar year 1998 the requirement of a joint duty assignment as a prerequisite for promotion to a general or flag officer. Revises provisions regarding the education and experience requirement for such promotion. Provides that an officer shall be considered to have completed a full tour of duty in a joint duty assignment upon the successful completion of an assignment which gives such officer significant experience in joint duty matters through specified commands, military departments, or defense agencies. Directs the Secretary to credit as having completed a full tour of duty in a joint duty assignment, for promotion purposes, officers who performed duty in the Persian Gulf combat zone that either provided significant experience in joint matters or involved frequent professional interaction with units and members of another U.S. military department or an allied armed force. Requires the concurrence of the commanding officer of that officer's service branch before such crediting will be allowed. Makes certain reporting and policy requirements inapplicable to officers for whom such joint duty crediting has been granted. Directs the Secretary to include in the annual defense budget report required to be submitted to the Congress certain information with respect to the total number of officers for whom such joint duty credit was granted. Authorizes the Chairman of the JCS to provide funds from the CINC Initiative Fund to the Director of the Joint Staff with respect to an area not within the responsibility of a commander of a combatant command. Directs the Chairman to give priority consideration in the provision of funds to the Director for activities: (1) that would enhance the war fighting capability, readiness, or sustainability of the forces involved; or (2) that would reduce the threat to, or otherwise increase, the national security. Limits to $5,000,000 the funding to provide military education and training to military and related civilian personnel of foreign countries. Directs the Secretary to reestablish within his Office the position of Deputy Assistant Secretary of Defense for Equal Opportunity (Deputy) and require such official to carry out the same or similar duties that were formerly carried out by the Deputy before such position was abolished. Directs the Secretary, within ten days after enactment of this Act, to rescind or revise a certain memorandum of the Deputy Secretary of Defense relating to the delivery of legal services within DOD. Directs the Secretary to establish a Commission on the Conduct and Review of Investigations in the Department of Defense (Commission). Requires the Commission to review, and recommend changes in, policies, procedures, and practices of DOD concerning the conduct and review of investigations. Requires the Commission to report its findings to the Secretary, who in turn is required to transmit the report to the defense committees, together with his comments and recommendations. Expresses the sense of the Congress that the Army and Marine Corps should intensify efforts to eliminate unnecessary duplication, to improve interservice coordination, and to specialize in areas in which each has a comparative advantage, especially as such goals relate to the provision of armor, artillery, and other high-intensity combat items and related equipment and supplies. Requires the Chairman of the JCS to examine and make recommendations with respect to equipping the Marine Corps with armor, heavy artillery, and other related weapons so as to be capable of sustaining high-intensity combat independent of the other military departments. Directs the Secretary to study the operational support airlift aircraft and administrative transport airlift aircraft operated by the National Guard and reserve components. Directs the Secretary to ensure that the defense committees are fully and currently informed of all operational activities carried out by members of the armed forces or employees of DOD. Requires the head of any other Federal department or agency to submit to such committees any information requested relating to any operational activities carried out in their department or agency. Prohibits the obligation of more than 50 percent of the authorized funding for specified aircraft or missile programs until 60 days after the Secretary has submitted certain reports to the Congress. Subtitle B: Drug Interdiction and Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) extend through FY 1994 the authority of the Secretary to provide support for the counter-drug activities of any other Federal department or agency or a State, local, or foreign law enforcement agency; and (2) add to such authorized support services the detection, monitoring, and movement of traffic at, near, and outside U.S. geographical boundaries, as well as linguist and intelligence analysis services. Amend the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1997 the authority of the Secretary to transfer excess personal property to other Federal and State agencies. Directs the Secretary to study, and report to the Congress on, the land-, sea-, or air-based systems used by DOD in carrying out activites relating to the reconnaissance, detection, and monitoring of drug traffic. Prohibits the obligation of FY 1993 funds for such purposes until such report is submitted. Directs the Secretary to conduct an outreach program aimed at reducing the demand among youths for illegal drugs. Authorizes the use of funds made available under this Act for drug interdiction and counter-drug activities for the outreach program. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in this Division for FY 1993 between any such authorizations for that fiscal year (or any subdivisions thereof), to be merged with and available for the same purposes as the authorization to which transferred. Limits to $1,500,000,000 the total amount of authorizations which may be so transferred. Requires the Secretary to promptly notify the Congress of any such transfers. Directs the Secretary to submit to the Congress with the annual defense budget a multiyear defense budget consistent with a required multiyear defense plan. Requires the DOD military programs in such budget to be organized on the basis of major roles, missions, or forces of DOD. Amends the National Defense Authorization Act for Fiscal Year 1991 to provide specified additional transition authority with respect to closing or expired DOD appropriation accounts. Subtitle B: Supplemental Authorization of Appropriations for Operation Desert Storm - Amends the Persian Gulf Supplemental Authorization and Personnel Benefits Act of 1991 to extend through FY 1993 provisions relating to the establishment of the Persian Gulf Working Capital Account, the authorization of supplemental appropriations to such Account, and monthly reports on transfers to such Account. Authorizes additional appropriations for FY 1992 and 1993 to such account for military personnel and increases the authorized transfers for each fiscal year authorized under such Act by the amount of additional funds authorized to be appropriated by this Act. Subtitle C: Defense Maritime Logistical Readiness - Repeals Federal law allowing only vessels of the United States to be used in the transportation by sea of supplies bought for the armed forces. Directs the Secretary to: (1) prescribe regulations and establish practices for the procurement of transportation by water and related distributions services for DOD cargoes; (2) ensure that all studies and reports of DOD and all actions taken in DOD concerning sealift and related intermodal transportation requirements take into consideration the full range of transportation and distribution capabilities that are available from operators of privately-owned U.S. flag merchant vessels; (3) afford each operator of such a privately-owned U.S. flag vessel at least an annual opportunity to present to DOD information of its port-to-port intermodal transportation capabilities; (4) ensure private vessel owner participation in studies and reports on intermodal transportation possibilities; and (5) submit to the Secretary of Transportation an annual certification of compliance with such requirements. Prohibits, except in time of war, national emergency, or other exigent circumstances, vessels owned by the United States from being operated in competition with privately-owned U.S. flag commercial merchant vessels. Requires DOD cargoes to be transported on such private vessels whenever such vessels are available with reasonable timeliness. Allows U.S.-owned vessels to be used when such reasonable timeliness requirement cannot be met by such private vessels. Allows foreign flag vessels to be used when no private or U.S.-owned vessels are available. Prohibits a contract for the transportation of DOD cargoes by water to include terms or conditions which impair the ability of the contractor to own or operate foreign flag vessels in addition to the U.S.-flag merchant vessels, or which limit the contractor's ability to meet its common carrier obligations to the general public (with an exception to the latter prohibition in time of war or national emergency). Directs the Secretary to enter into logistics readiness agreements with contractors of privately owned U.S.-flag vessels under which the contractor shall, in time of war, national emergency, or foreign crisis, provide services to meet DOD cargo water transportation requirements. Provides required contract provisions. Requires the Secretary to submit to the Secretary of Transportation at least annually the DOD projections of weekly requirements, in excess of normal peacetime requirements, for the transportation of DOD cargoes to meet logistics and war fighting requirements in such exigent circumstances. Provides for the payment to contractors of foreign charges incurred under such transportation contracts. Provides transition provisions. Directs the Secretary and the Secretary of Transportation to promptly take appropriate actions to modernize, update, revise, or eliminate the current Sealift Readiness Program consistent with changes brought about by this Subtitle. Prohibits any Federal agency from requiring a party to a logistics readiness agreement to enter into or remain enrolled in the Sealift Readiness Program as a condition for being awarded a contract to provide transportation or distribution services under this Subtitle. Subtitle D: Technical Amendments - Makes technical amendments to Federal armed forces provisions. States as a policy of the Congress that qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to provide approved commodities and services as subcontractors and suppliers under contracts awarded by DOD. Provides that, in the case of a business concern that has negotiated a small business subcontracting plan with a military department or defense agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan. Terminates such provision at the end of FY 1994. Subtitle E: Miscellaneous Matters - Directs the Secretary to report to the defense committees on the U.S. strategic posture in the Middle East and Persian Gulf regions. Requires such report to include a military threat assessment for such regions. Directs the Secretary to conduct, and report to the defense committees on, an analysis of options for providing forward presence of naval forces during peacetime. Expresses as U.S. policy the opposition to restrictive trade practices fostered or imposed by foreign countries against other countries friendly to the United States or against any other U.S. persons. Prohibits any DOD prime contract in excess of the small purchase threshold from being awarded to any foreign person, company, or entity unless such entity certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel. Authorizes the Secretary to waive such prohibition in specific instances when necessary for national security, requiring notice to the Congress of each such waiver. Provides other exceptions to such prohibition. Authorizes the Secretary of the Army to employ as many professors, instructors, and lecturers at the Defense Language Institute Foreign Language Center as the Secretary considers necessary. Provides transition and savings provisions. Allows employees who moved after December 31, 1986, and before April 1, 1991, between different leave systems (appropriated vs. nonappropriated fund employment positions) to elect between the receipt of accrued leave or a lump-sum payment for such leave upon such transfer. Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia. Outlines objects and purposes, and prohibits discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Recognizes and grants a Federal charter to the Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of Colorado. Provides corporation objects and purposes, membership, and restrictions, including a prohibition against discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Authorizes the Secretary, during FY 1993 through 1995, to conduct a program to commemorate the 50th anniversary of World War II and to coordinate, support, and facilitate other such commemoration programs and activities of Federal, State, and local governments, as well as private persons. Provides funding for such activities from defense agencies operation and maintenance funds for such fiscal years. Establishes in the Treasury the Department of Defense 50th Anniversary of World War II Commemoration Account. Eliminates certain reporting requirements contained in Federal armed forces provisions and other specified Federal law. Authorizes the transfer of excess construction or fire equipment from DOD stocks to any foreign country or international organization prescribed under provisions of the Foreign Assistance Act of 1961 or the Arms Export Control Act, but only if: (1) no Federal department or agency other than DOD and no State submits a request for such equipment during a specified period; or (2) the President determines that the transfer is necessary in order to respond to an emergency for which the equipment is especially suited. Prohibits, with an exception, the use of funds appropriated or otherwise made available to DOD during FY 1992 for the construction or capitalization of specified military museums, or the renovation of a certain submarine for use by an Oregon museum. Authorizes the Secretary of the Army to award fellowships in military history to citizens and nationals of the United States who are graduate students in U.S. military history, have completed their doctoral requirements other than a dissertation, and agree to prepare a dissertation in an area of military history determined by the Secretary. Directs the Secretary of the Navy to transfer certain vessels to the Department of Transportation to be assigned as training ships to Texas A&M University and the Maine Maritime Academy. Repeals a Federal provision requiring the construction in a U.S. navy yard of the first and each succeeding alternate U.S. combatant and escort vessel. Provides for a method of liquidation of credits and liabilities of parties to cooperative military airlift agreements. Adds Japan and Korea to the list of countries eligible for such agreements. Amends the National Defense Authorization Act for Fiscal Year 1987 to authorize a general or flag officer grade for the commanders of the U.S. Southern Command and the U.S. Central Command. Makes permanent (currently expires as of September 30, 1992) the authority of the Secretary to pay the travel, subsistence, and other personal expenses of defense personnel of developing countries for their attendance at bilateral or regional cooperation conferences and programs. Subjects a person appointed as a judge of the U.S. Court of Military Appeals to the Federal Employees' Retirement System (FERS) as of the date of the appointment. Provides transition provisions for those judges who are currently subject to the Civil Service Retirement and Disability System (CSRS), allowing continued coverage (upon election) under CSRS or a refund under their former CSRS and election to be covered under FERS. Provides for deposit into the Thrift Savings Fund of a lump-sum payment representing the contribution difference required under the two plans. Designates as chief judge of the U.S. Court of Military Appeals the senior in commission among the judges who: (1) has served for one or more years as judge; and (2) has not previously served as chief judge. Provides for a chief judge term of five years, with a continuation of such term if there are no other judges eligible for chief judge at the end of such term. Provides for the early termination of such five-year term under certain circumstances. Provides transition provisions to cover the current chief judge. Revises the Uniform Code of Military Justice with respect to: (1) jurisdiction; (2) certain adjudications and postponements of sentences; and (3) offenses relating to the drunken or reckless operation of a vehicle, aircraft, or vessel. Directs the Secretary to establish the Civil-Military Cooperative Action Program under which the Secretary may use the skills, capabilities, and resources of the armed forces to assist civilian efforts to meet the domestic needs of the United States. Outlines Program objectives. Directs the Secretary to encourage the establishment of advisory councils on civil-military cooperation at the regional, State, and local levels, as appropriate, in order to obtain recommendations for projects and activites and guidance for the Program from persons who are familiar with regional, State, and local conditions and needs. Directs the Secretary to prescribe specified rules and regulations governing the provision of assistance under the Program. Authorizes the Chief of the National Guard Bureau, during FY 1993 through 1995, to conduct a pilot program to be known as the National Guard Civilian Youth Opportunities Program aimed at improving through military based training the life skills and employment potential of civilian youth who cease to attend secondary school before graduation. Requires the pilot program to be conducted at any ten of the States, Territories, Puerto Rico, or the District of Columbia. Outlines provisions concerning: (1) program agreements made between the Chief of the National Guard Bureau and a chosen jurisdiction; (2) authorized benefits for youth participants in the program; (3) the use of National Guard personnel at a chosen site for administrative, training, or support services for the program; (4) the use of National Guard equipment and facilities for the program; (5) the Federal employee status of participants in the program for purposes of certain laws and benefits; (6) program funding and supplemental funding by the Governor of the chosen jurisdiction; (7) a required report from the National Guard Chief after one year of the pilot program; and (8) an earmarking of specified funds for such program from FY 1993 DOD operation and maintenance funds. Directs the President to report to the Congress on the proposals of the Secretary General of the United Nations made in his report concerning preventive diplomacy, peacemaking, and peacekeeping. Mandates that no funds are authorized to be appropriated under this Act for the Federal Bureau of Investigation. Title XI: Demilitarization of the Former Soviet Union - Subtitle A: Short Title - Names this title the Former Soviet Union Demilitarization Act of 1992. Subtitle B: Findings and Program Authority - Authorizes the President to establish and conduct programs to assist in the demilitarization of the independent states of the former Soviet Union. States that such programs shall include the transportation, storage, safeguarding, disabling, and destruction of weapons of mass destruction, as well as the conversion of weapons-related scientific expertise, technologies, and capabilities into appropriate civilian activities. Prohibits any such U.S. assistance unless the President certifies to the Congress that the recipient state of the former Soviet Union is committed to destroying its weapons of mass destruction, forgoing any nuclear weapons or military modernization programs, and facilitating U.S. verification of any weapons destruction carried out. Subtitle C: Administrative and Funding Authorities - Provides funding for the Soviet demilitarization program through funds authorized to be transferred under this Act as well as an extension of the authorization of appropriations for such purpose under the Soviet Nuclear Threat Reduction Act of 1991. Subtitle D: Reporting Requirements - Requires the President to report to the Congress at least 15 days in advance of each proposed obligation of funds for the Soviet demilitarization program. Directs the President to report quarterly to the Congress on all such activities carried out in the previous quarter. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1993 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to make advances to the Secretary of Transportation for the design and construction of defense access roads. Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, defense access roads, architectural and engineering design services, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to increase by a specified amount the funding permitted to the Army for the worldwide leasing of military family housing. Title XXII: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified locations. Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction projects, unspecified minor construction, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act, Fiscal Year 1989 to: (1) increase the authorized amount of appropriations for a military construction project at the Guam Navy Public Works Center; and (2) decrease the authorized amount of appropriations for military construction projects at the Subic Bay, Philippines Navy Public Works Center and the Marine Corps Air Station, Cherry Point, North Carolina. Directs the Secretary to expend from prior-law appropriations necessary amounts for planning and design of defense access roads for the Pascagoula, Mississippi Naval Station. Title XXIII: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Year 1991 to transfer an authorized military construction project (and the authorized amount for such project) from Lowry Air Force Base, Colorado, to Buckley Air National Guard Base, Colorado. Authorizes the Secretary to: (1) enter into contracts for the leasing of military family housing units; and (2) enter into rental guaranty agreements for military family housing under the Military Construction Authorization Act, 1984. Terminates certain FY 1991 and 1992 military construction projects. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes appropriations to DOD for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, conforming storage facilities, certain base closure and realignment activities, and military family housing functions of DOD. Authorizes the obligation of prior-year unobligated military construction funds for such military construction projects. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts . Reduces certain prior-year authorizations of appropriations for Air Force Reserve military construction projects. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1995, or the date of enactment of an Act authorizing funds for military construction for FY 1995, whichever is later, with specified exceptions. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of Defense to carry out a military construction project for energy conservation not previously authorized by law if prior military construction funds were authorized to be made available for such project. Increases to $1,000,000 ($300,000 for FY 1992) the threshold for FY 1993 through 1995 for minor construction projects carried out with DOD operation and maintenance funds. Directs the Secretary to report to the Congress after each such fiscal year on any minor construction projects carried out whose cost exceeded $300,000. Prohibits any funds made available to a military department during FY 1993 from being expended for contracts for the construction, acquisition, or leasing of military family housing that are entered into after October 1, 1992, until the Secretary of that military department has solicited bids for such housing under military construction projects currently authorized under Federal law. Authorizes the Secretary concerned to construct a replacement for a single family housing unit if: (1) authorized by law; (2) a simple home improvement is no longer cost-effective; and (3) 21 days have elapsed since notification to the Congress of such replacement. Subtitle B: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to authorize deposit into the Department of Defense Base Closure Account for its use of any funds that the Secretary may transfer from funds appropriated to DOD or funds contained in the Department of Defense Base Closure Account 1990. Requires the Secretary to transmit to the Congress notice of and justification for any such transfers. Authorizes the Secretary to utilize such Account for environmental restoration, community economic adjustment assistance, and disposal of property at bases selected for closure under base closure laws. Makes identical amendments for the Department of Defense Base Closure Account 1990 established under the Defense Base Closure and Realignment Act of 1990. Provides for the valuation of amounts to be deposited into a reserve account after the sale of real property at a military installation which represents the amount of such property acquired, constructed, or improved with commissary store funds or nonappropriated funds. Requires amounts so reserved to be used only for acquiring, constructing, and improving: (1) commissary stores; and (2) real property and facilities for nonappropriated fund instrumentalities. Revises Federal provisions concerning the authority of the Secretary to transfer specified funds under base closure laws to the homeowners assistance program. Directs the Secretary to enter into, and report to the Congress on, a one-year contract with a private relocation contractor in order to test the cost-effectiveness of using national relocation contractors to administer the homeowners assistance program. Requires military construction relating to the closure or realignment of a military installation (currently, each military construction project) to meet certain budgeting constraints. Amends the Defense Base Closure and Realignment Act of 1990 to revise the annual reporting date of the Comptroller General with respect to the Secretary's selection of military installations to be closed or realigned under such Act. Prohibits the Secretary and the Defense Base Closure and Realignment Commission from recommending a realignment of functions and personnel of the Defense Finance and Accounting Service under provisions of the Defense Base Closure and Realignment Act of 1990, instead authorizing the Secretary to provide for such a realignment under other Federal base closure and realignment provisions. Amends the National Defense Authorization Act for Fiscal Year 1991 to direct the Secretary to report annually to the defense committees on the operations of the Department of Defense Overseas Military Facility Investment Recovery Account during the preceding fiscal year. Subtitle C: Land Transactions - Amends the Military Construction Authorization Act, 1985 to remove the San Diego Energy Recovery Project as a possible party to a land exchange between the city of San Diego and the Secretary of the Navy. Provides that, in lieu of conveyance of property owned by the Project, such Secretary may permit San Diego to convey other property suitable for family housing, or to pay the Secretary an amount sufficient for the loss of such property as consideration for the land exchange. Outlines other administrative provisions required in light of the loss of the Project as a party to the land exchange. Authorizes the Secretary of the Air Force to convey to South Carolina all rights and interest to real property comprising the Myrtle Beach Air Force Base, South Carolina, under specified terms and conditions. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow the Secretary of the Navy to use the proceeds from the sale of certain property to acquire a new site for a naval center in the state of Vermont (currently, only in the Burlington, Vermont area). Lowers the price required to be paid by the city of Burlington to acquire the real property being sold by such Secretary. Extends to June 1, 1995, the deadline for the conveyance of the property. Allows the Secretary to permit the city of Burlington to make alterations or improvements to the property before its conveyance to the City. Authorizes the Secretary of the Navy to lease: (1) to the Union Pacific Railroad Company certain property located at the Naval Supply Center, Oakland, California; and (2) to the City of Oakland or the Port of Oakland, California, certain property also located at the Naval Supply Center. Authorizes the Secretary of the Navy to grant an easement to enable the San Diego Gas and Electric Company to construct, operate, and maintain an electric transmission and associated electric transmission lines. Authorizes the Secretary of the Navy to convey to Santa Barbara, California, all rights and interests to certain real property located at the Santa Barbara Naval Reserve Center, under specified terms and conditions. Authorizes the Secretary of the Army to convey to the Washington County, Maryland Sanitary District all rights and interest to certain real property, including a waste water treatment facility, located at Fort Ritchie, Maryland. Authorizes the Secretary of the Navy to acquire all rights and interest to a parcel of land comprising a portion of the Naval Radio Station at Jim Creek, Washington. Authorizes the United States to acquire by condemnation or otherwise: (1) all rights and interest of Arizona in and to specified trust lands in such State; and (2) any trust mineral estate of Arizona located beneath the surface of such trust lands. Authorizes the Secretary to convey to any person all rights and interest to: (1) a parcel of land comprising a naval family housing area at Paine Field, Snohomish County, Washington; and (2) two parcels of land comprising portions of the naval family housing area at Pier 91, Seattle, Washington. Authorizes the Secretary of the Air Force to convey to Central Community College, Hastings, Nebraska, all rights and interest to three parcels of property located in that City which have served as a support complex for the Hastings Radar Bomb Scoring Site. Authorizes the Secretary of the Army to convey to the city of Abbeville, Alabama, all rights and interest to specified real property located at the site of a proposed Army Reserve Center in Abbeville. Subtitle D: Transfer of Jurisdiction of Rocky Mountain Arsenal - Directs the Secretaries of the Army and the Interior to enter into a memorandum of understanding under which: (1) the Secretary of the Army transfers to the Secretary of the Interior, without reimbursement, all responsibility to manage for wildlife and public use purposes the real property comprising the Rocky Mountain Arsenal in Colorado, with the exception of certain facilities and property or property designated for disposal; and (2) the Secretary of the Interior shall establish and manage such real property as a unit of the National Wildlife Refuge System. Allows the transfer to be made only after certification by the Administrator of the Environmental Protection Agency that all site cleanup and remediation measures required under Federal law have been taken. Excludes from such transfer all property used at the Arsenal for water treatment, the disposition of hazardous substances, and any other purposes related to remediation and cleanup of the site. Continues jurisdiction by the Secretary of the Army over the property to be transferred until all cleanup and remediation activities have been completed. Requires consultation between the two Secretaries with respect to all cleanup and remediation activities. Requires the Secretary of the Army to retain environmental liability with respect to the Arsenal after the transfer. Directs the Secretary of the Interior to establish the Rocky Mountain Arsenal National Wildlife Refuge in the property transferred by the Secretary of the Army, to be used for wildlife preservation, public uses, research and education, and land and water conservation. Outlines provisions with respect to cleanup and remediation activities. Prohibits public roads from being constructed through the Refuge. Designates another parcel of real property at the Arsenal for disposal for commercial, highway, or other public use purposes. Requires the Secretary of the Army to notify the State of Colorado and all appropriate units of local government of the proposed and final determinations made with respect to site cleanup, remediation, and disposal. Provides transfer conditions and limitations, including the requirement that all property disposed of under this subtitle be subject to the cleanup and remediation requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. States that all disposal proceeds shall be transferred to the Director of the U.S. Fish and Wildlife Service to be used to supplement funds available for the construction of a visitor and education center at the Refuge. Subtitle E: Miscellaneous - Authorizes the Secretary of Defense to allow the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective energy demand and conservation incentive programs for such military installation. Allows such agreements to provide for a utility to advance financing costs for the design and implementation of an energy demand or conservation incentive program, with repayment terms no less favorable than those applicable to the utility's most favored customer. Vests title to the United States in any energy-saving device or technology installed at a military installation pursuant to an agreement. Directs the Secretary of the Navy, by December 31, 1992, to report to the defense committees and the Comptroller General on actions and plans of the Navy for consolidation and centralization of control over forces assigned to the mine countermeasure mission. Requires the Comptroller General to evaluate such report and submit his evaluation to the defense committees. Requires the report of the Secretary to include a detailed evaluation and analysis of the use of Ingleside, Texas, as the planned homeport for all mine warfare ships, and a comparison of various alternative homeports for such ships including Atlantic and Pacific coast homeports. Prohibits such Secretary from relocating the functions and personnel of certain mine warfare command and training facilities until 90 days after submitting his required report. Directs the Secretary of the Air Force, in designating expanded areas for training operations of Air National Guard and Air Reserve aircraft, to provide for such areas within the geographic boundaries of areas that have been approved for tactical training on the date of enactment of this Act. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1993 for operating expenses and for plant and capital equipment necessary in carrying out national security programs in the following areas: (1) weapons activities; (2) new production reactors; (3) environmental restoration and waste management; and (4) defense materials production and other defense programs. Earmarks specified FY 1993 funding for the defense inertial confinement fusion program. Prohibits the obligation of FY 1993 DOE funds for: (1) the design, purchase, or installation of any fire protection, cooling, or refrigeration system that utilizes class I chlorofluorocarbons unless the Secretary of Energy (Secretary, for purposes of this title) determines that an alternate system is not commercially available; or (2) the implementation of the reconfiguration of any nonnuclear DOE activities until the Secretary reports the results of certain analyses and certifications to the defense committees. Subtitle B: Recurring General Provisions - Prohibits the use of the funds appropriated pursuant to this title for the costs of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is less, or for programs which have not been presented to, or requested of, the Congress, unless the Secretary transmits to the defense committees a full and complete statement of the action proposed and 30 days have elapsed. Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title. Authorizes the Secretary to carry out any general plant project only if the total estimated cost of the project does not exceed $1,200,000. Requires reports to the defense committees by the Secretary when the costs exceed such amount. Sets forth procedures for the approval of construction projects which exceed by more than 25 percent their estimated cost or authorized amount. Exempts from such procedures any projects which have an estimated cost of less than $5,000,000. Allows for the transfer of funds from specified projects to other government agencies for the performance of work for which the funds were appropriated. Authorizes the Secretary to carry out advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000. Directs the Secretary to notify the defense committees whenever the estimated cost of such planning and design exceeds $300,000. Requires specific authorization by law whenever such estimated cost exceeds $2,000,000. Authorizes the Secretary to perform emergency construction planning and design in order to protect public health and safety or property or to meet the needs of national defense. Requires the Secretary to report to the defense committees before taking any such action. Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE. Subtitle C: Miscellaneous - Authorizes the Secretary of Energy to pay to the EPA a stipulated civil penalty assessed under Federal environmental law against the Fernald Environmental Management Project. Prohibits the Secretary from entering into a contract or other agreement for the performance of environmental restoration and waste management activities with any persons convicted of having committed a criminal violation in connection with activities at a DOE facility under the Clean Air Act, the Solid Waste Disposal Act, or the Safe Drinking Water Act. Amends the Atomic Energy Act of 1954 to prohibit the appropriation, obligation, or expenditure of DOE national security program funds for the following activities unless such funds have been specifically authorized by law: (1) procurement of goods or services; (2) R&D or procurement or production related to R&D; (3) nuclear weapons testing; (4) construction; and (5) operation and maintenance of any defense nuclear facility or of the DOE central office. Earmarks specified FY 1993 DOE program management funds for certain oversight activities. Directs the Secretary to establish a citizen advisory group for each DOE nuclear facility to undertake certain review, evaluation, reporting, and recommendation actions with respect to such nuclear facilities. Directs the Secretary to provide funding to each advisory group for the hiring of technical assistance and support staff. Limits such expense to $250,000 per group. Provides funding for such advisory groups from FY 1993 DOE national security funds. Replaces the Director of Defense Research and Engineering with the Under Secretary of Defense for Acquisition on the Nuclear Weapons Council. Amends the Radiation Exposure Compensation Act to revise the offset for payments for injuries believed to arise out of the atomic weapons testing program. Directs the Secretary to report annually to the defense committees on the new production reactor program of DOE, requiring such reports until the construction of the new production reactor is completed. Expresses the sense of the Congress that the technology chosen for new production reactor capacity have the highest probability of successfully sustaining operation, the lowest risk of operational failure, and the lowest cost of construction and operation. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require any non-Federal entity that operates a laboratory pursuant to a contract with a Federal agency to submit to the head of such Federal agency any cooperative R&D agreement that the entity proposes to enter into with a small business firm and the joint work statement required with respect to that agreement. Outlines procedures for the approval or disapproval of the proposed agreement and joint work statement by the Federal agency. Directs the Secretary to establish a program to facilitate and encourage the transfer of technology to small businesses, and to issue guidelines relating to the program by May 1, 1993. Directs the Secretary and the Secretary of Defense to provide appropriate federally funded technology transfer centers with information on cooperative R&D agreements or other arrangements entered into with respect to DOE laboratories and other Federal departments and agencies. Provides funding for such agreements or arrangements. Amends the National Defense Authorization Act for Fiscal Year 1989 to authorize the Secretary to allow each DOE contractor and subcontractor carrying out certain activities at the Idaho National Engineering Laboratory to loan personnel in order to assist in the economic diversification of the local economy and reduce reliance by the local community on national security programs at such Laboratory. Provides funding for such personnel loan. Extends such program through FY 1994. Subtitle D: Defense Nuclear Work Force Restructuring - Directs the Secretary to develop, issue, and commence implementation of a plan for the restructuring of the employee work force at each DOE defense nuclear facility: (1) the primary mission of which changes from weapons production and related activities to environmental restoration and waste management; and (2) that is scheduled for closure. Outlines provisions concerning plan requirements and updates, and appropriate consultations in plan development with the Secretary of Labor and local labor organizations. Requires the plan to be submitted to the Congress. Directs the Secretary to establish and carry out a program for the identification and ongoing medical evaluation of current and former DOE employees who are or were subject to significant health risks as a result of the exposure to hazardous or radioactive substances during such employment. Requires implementation of the program through specified activities. Requires each employee provided with such medical evaluations to be notified of test results. Requires such program to be carried out within one year after enactment of this Act. Requires an agreement between the Secretary and the Secretary of Health and Human Services to carry out such program. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1993 for the operation of the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Subtitle A: Changes in Stockpile Amounts - Authorizes the National Defense Stockpile (NDS) Manager to dispose of specified materials in the NDS, with special limitations on the disposal of certain materials. Authorizes the NDS Manager, during FY 1993, to obligate out of the National Defense Stockpile Transaction Fund (Fund) specified amounts for the acquisition of materials and for R&D programs of the Strategic and Critical Materials Stock Piling Act. Subtitle B: Programmatic Changes - Amends such Act to require the quantities of materials stockpiled to be sufficient to meet the needs of the United States during a period of national emergency that requires a significant level of mobilization of the economy under planning assumptions used by the Secretary of Defense (currently, for three years). Revises the conditions under which the President may make changes in the quantity of any material in the NDS. Removes a prohibition on disposals from the NDS which would result in an unobligated balance in the Fund in excess of $100,000,000. Allows moneys from the Fund to be used for materials maintenance and disposal (currently, only for materials acquisition). Directs the President to appoint a Market Impact Committee to: (1) advise the NDS Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from NDS that are proposed to be included in the annual materials plan submitted to the Congress under the Strategic and Critical Materials Stock Piling Act; and (2) submit to the Manager the Committee's recommendations regarding such acquisitions and disposals. Title XXXIV: Civil Defense - Authorizes appropriations for FY 1993 for carrying out the Federal Civil Defense Act of 1950. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1993 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1993. Limits the amount of funds available to the Commission for FY 1993 that may be expended for official reception and representation expenses. Authorizes the use of FY 1993 Commission funds for the purchase of passenger motor vehicles used to transport personnel of the Commission across the Isthmus of Panama. Limits such expenditure to $18,000 per vehicle. Amends the Panama Canal Act of 1979 to: (1) authorize the use of Commission funds to defray the cost of health care services to elderly and disabled persons provided by medical facilities licensed and approved by the Republic of Panama and not operated by the United States; and (2) revise a provision concerning the basis of Canal tolls on vessel tonnage measurement. Requires all expenditures made under this title to be made in accordance with the Panama Canal Treaties of 1977 and U.S. laws implementing those treaties.
Bill· SS. 3140 (102nd)open
United States · United States Congress · 6 August 1992
Department of Defense Authorization Act for Fiscal Year 1993 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Funding Authorizations - Authorizes appropriations to the Army, Navy, Marine Corps, and Air Force for FY 1993 for: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes the Secretary of the Navy to transfer certain prior-year unobligated shipbuilding and conversion balances to the FY 1993 shipbuilding and conversion funds. Authorizes appropriations for FY 1993 for: (1) the defense agencies; (2) the Defense Inspector General; (3) the reserves and National Guard; and (4) the chemical demilitarization program. Subtitle B: Army Programs - Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which authorized appropriations for the development of the Apache helicopter program. Authorizes the use of funds received from the sales of tanks, infantry vehicles, or armored personnel carriers by the United States under the Arms Export Control Act during FY 1990 and 1991 to upgrade such armored vehicles for fielding to the Army. Prohibits the Improved Chemical Agent Monitor from being procured for the armed forces until the Secretary of the Army completes certain testing and congressional notification with respect to such program. Subtitle C: Navy Programs - Earmarks funds from this Act for shipbuilding and conversion for specified replacement, overhaul, and conversion programs within the Navy, with a limitation with respect to advanced procurement for the aircraft carrier replacement program. Prohibits the use of funds made available by this Act or otherwise for FY 1993 from being used for: (1) a certain electronic warfare system and the Airborne Self Protection Jammer, until their operational suitability has been determined; and (2) the AV-8B radar upgrade program. Allows for the modification of F-14 aircraft, with limitations as provided in appropriation Acts. Directs the Secretary of Defense (Secretary) to report to the Congress with respect to procurement of strategic sealift. Subtitle D: Air Force Programs - Earmarks specified funds made available by this Act for Air Force procurement for the C-17 aircraft program, with certain requirements to be met by the Secretary and the Secretary of the Air Force before such sums may be obligated. Requires the Secretary to report to the Senate and House Armed Services Committees (the defense committees) with respect to an initiative to maintain control over costs, contractor performance, and management performance within the C-17 aircraft program. Provides additional funding for such program, with limitations. Requires the Secretary to make certain certifications to the defense committees with respect to the correction of fuel leaks on C-17 production aircraft. Authorizes the Secretary of the Air Force to sell components or other material procured during FY 1990 through 1992 for advance procurement for F-16 aircraft and use such proceeds for procurement of spare parts and support equipment for such aircraft. Subtitle E: Defense Agency Programs - Earmarks specified funds made available by this Act for defense agency procurement as funding for certain tactical intelligence programs, with limitations. Requires operational test and evaluation and survivability testing of certain helicopter programs to be completed prior to their release for operational use. Subtitle F: Strategic Programs - Prohibits the obligation of funds for the advance procurement of Trident II missiles until a certain cost savings report has been submitted to the defense committees. Directs the Secretary to prepare and implement a plan for testing the survivability and operational effectiveness of nonstealth heavy bombers against potential targets, as well as defenses that such bombers might encounter during conventional conflicts during the next 20 years. Requires a report. Prohibits the Secretary from obligating funds for the procurement of the CORE electronic countermeasures system until such report is received and the Secretary makes certain certifications to the defense committees with respect to the operational suitability and effectiveness of such system. Earmarks specified Air Force procurement funds under this Act for procurement for the B-2 bomber aircraft program, limiting the deployment of such aircraft to 20 plus one test aircraft. Limits the obligation of funds for such aircraft until the Secretary has made certain reports and certifications to the defense committees with respect to the performance and survivability assessment of such aircraft, as well as total costs. Directs the Secretary to develop, and report to the defense committees on, a strategy for achieving substantial reductions in the cost of developing, acquiring, and supporting space systems operated by the Department of Defense (DOD). Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through October 1, 1993, the deadline for a study and report by the Secretary concerning the Ground Wave Emergency Network. Subtitle G: Chemical Demilitarization Program - Amends the Department of Defense Authorization Act, 1986 to extend through December 31, 2004, the deadline for the elimination by DOD of the existing stockpile of lethal chemical agents and munitions. Directs the Secretary of the Army to report to the Congress on the potential alternatives to the use of the Army's baseline disassembly and incineration process for the disposal of such agents and munitions. Prohibits the Army from carrying out any site preparation for such disambly or incineration until such report is received, with exceptions. Requires the Secretary of the Army to report to the Congress on the Army's plans for destroying all chemical warfare material that would be required to be destroyed if the United States became a party to a chemical weapons convention (a group of countries requiring the destruction by its members of specified binary chemical weapons and munitions). Directs the Secretary of the Army to report to the Congress on the physical and chemical integrity of the existing chemical weapons that are contained in U.S. chemical weapons stockpiles and stored within eight chemical weapons storage sites within the United States. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorizations - Authorizes appropriations for FY 1993 for the armed forces, the defense agencies, the Deputy Director of Defense Research and Engineering, and the Director of Operational Test and Evaluation for research, development, test, and evaluation (R&D). Earmarks specified amounts of such authorization for: (1) basic research and exploratory development projects; (2) manufacturing technology development; and (3) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Sets forth program requirements, restrictions, or limitations with respect to the V-22 Osprey aircraft program. Directs the Commandant of the Marine Corps to report to the defense committees on the crash of such aircraft prototype that occurred on July 20, 1992. Limits to 50 percent the available FY 1993 authorized funds for such aircraft until such report is received. Earmarks specified FY 1993 R&D funds for R&D in connection with the special operations variant of such aircraft. Directs the Secretary to specify in the FY 1994 defense budget a separate program element for electronic warfare programs involving ship self-defense. Subtitle C: Missile Defense Program - Amends the Missile Defense Act of 1991 to revise provisions concerning the implementation of the U.S. goal of deploying an antiballistic missile system capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles. Directs the Secretary to transfer management and budget responsibility for R&D of all far-term follow-on technologies with respect to missile defense technology from the Strategic Defense Initiative Organization to the Defense Advanced Research Projects Agency (DARPA) or the appropriate military department, unless he determines and certifies to the Congress that transfer of a particular technology currently under the Organization would not be in the national security interests. Removes the current reference to the goal of the establishment of capable theater missile defense systems by FY 1996, while limiting R&D of follow-on technologies for such systems to those not likely to be incorporated into weapons within ten to 15 years after the date of enactment of such Act (December 5, 1991). Earmarks for obligation to the Strategic Defense Initiative (SDI) specified amounts of the total amount appropriated or made available to DOD for FY 1993. Earmarks such amounts to specific program elements of SDI. Authorizes the Secretary to transfer such specified amounts among the program elements, with limitations. Requires the Secretary to report to the defense committees on the allocation of funds appropriated for SDI for FY 1993. Places certain limitations on the obligation or expenditure of FY 1993 DOD funds for the development or testing of antiballistic missile systems or components, or the acquisition of material or equipment required for such development or testing. Subtitle D: Other Matters - Earmarks specified FY 1993 DOD R&D funds for the medical component of the Biological Defense Research Program of DOD, with limitations. Title III: Operation and Maintenance - Subtitle A: Authorizations of Appropriations - Authorizes appropriations for FY 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserve components of the armed forces, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, humanitarian assistance, the Defense Health Program, and support for the 1996 summer Olympics, the 1993 World University Games, and the 1994 World Cup Games. Authorizes appropriations for FY 1993 for working capital funds of the armed forces and the defense agencies. Authorizes appropriations for FY 1993 from the Armed Forces Retirement Home Trust Fund for the operation of the Armed Forces Retirement Home. States that funds authorized under this Act for humanitarian assistance shall be used to provide transportation for humanitarian relief for the people of Afghanistan and Cambodia, and for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Earmarks specified sums for noncombatants at or near the border between Thailand and Cambodia. Authorizes the Secretary to transfer specified sums to the Secretary of State for FY 1993 for providing such humanitarian assistance, requiring the Secretary of State to use the most economical commercial or military transportation possible. Requires the Secretary of Defense to report to specified congressional committees on specified dates on the provision of such assistance. Requires the Secretary to notify specified congressional committees on his intention to transport humanitarian relief to a country to which such transportation has not been specifically authorized by law. Authorizes the Secretary to provide logistical support and personnel services in connection with the 1994 World Cup Games, with a limitation. Authorizes the Secretary to transfer funds from the Defense Business Operations Fund and the National Defense Stockpile Transaction Fund to appropriations for operation and maintenance for FY 1993, with specified amounts earmarked to each military department. Subtitle B: Environmental Provisions - Requires the Director of the Defense Logistics Agency to evaluate, and report to the defense committees on, the use of class I substances (chlorofluorocarbons and halons) by the military departments and defense agencies. Prohibits any DOD contract awarded, modified, amended, or extended after June 1, 1993, from including a specification or standard that requires the use of an ozone-depleting substance unless the specification or standard is approved by the senior acquisition official for the procurement covered by the contract because a suitable substitute for such ozone-depleting substance is not currently available. Requires certain action to be taken by an official granting such an approval, including reports to the Secretary and notifications to the defense committees. Authorizes the Secretary to reimburse a contractor for reasonable costs incurred in providing a substitute for an ozone-depleting substance in the awarded contract. States that environmental restoration activities at current and former military installations shall be deemed to be functions that facilitate the national defense. Requires the Secretary of a military department to ensure that contracts entered into by such Secretary for environmental restoration activities at a current or former military installation provide for the military department and the contractor to share the risk of liability resulting from such restoration activities. Provides for contracting implementation of such risk-sharing requirement. Directs the Secretary to report to the defense committees on its implementation. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide that, in the case of real property owned by the United States that is part of a military installation to be closed, the head of the department or agency with jurisdiction over such property shall identify the real property on which neither hazardous substances nor petroleum products or its derivatives were stored for one year or more, are known to have been released, or were disposed of. Outlines identification procedures and deadlines. Requires a deed for the transfer or sale of such identified property to contain a covenant stating that any corrective action found to be necessary from the presence of hazardous substances or petroleum products on such property shall be conducted by the United States, with access to such property to take such corrective action as necessary. Requires the appropriate agency or department head having jurisdiction over a property used as a military facility on which any hazardous substance or petroleum product or its derivatives was stored for one year or more, is known to have been released, or was disposed of, and on which the United States plans to terminate military operations, to notify the State in which such property is located of any lease entered into by the United States that will encumber the property beyond the date of termination of operations on such property. Directs the Secretary to defend, indemnify, and hold harmless any State, political subdivision, or person that acquires ownership or control of a facility of a military installation against any actions arising out of the release or threatened release of any hazardous substance or pollutant or contaminant as a result of DOD activities at any military installation that is closed pursuant to a base closure law, unless such entity or person caused or contributed to such release or threatened release. Prohibits the use of FY 1993 environmental restoration funds for the payment of fines or penalties unless the act or omission for which the fine or penalty is imposed arises out of activities funded by those funds. Includes environmental restoration contracts of DOD (currently only R&D contracts) within provisions providing contractor indemnification for claims from an unusually hazardous risk taken by the contractor in fulfilling such contract. Amends CERCLA and other Federal law to extend through December 31, 1995, the authority to issue contractor surety bonds for the performance of environmental response actions in connection with certain defense environmental programs. Prohibits funds appropriated or otherwise made available to DOD for FY 1993 from being used to purchase surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD. Establishes the Legacy Fellowship Program in Natural and Cultural Resource Management (Program) to provide training to civilian and military personnel in the management of natural and cultural resources. Requires at least three fellows to be appointed for participation in such Program. Provides Program funding from FY 1993 DOD authorizations. Authorizes supplemental appropriations for FY 1992 and 1993 for environmental restoration, defense, and the Department of Defense Base Closure Account 1990. Subtitle C: Defense Economic Diversification, Conversion, and Stabilization - Amends the Defense Economic Diversification, Conversion, and Stabilization Act of 1990 to require the Secretary of Defense to be chairman of the Economic Adjustment Committee. (Currently, such chairmanship rotates between the Secretaries of Defense, Commerce, and Labor on a yearly basis.) Directs the Chairman to establish an Executive Council of such Committee to develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to them under programs administered by the Departments of Defense, Commerce, and Labor and the Small Business Administration (SBA). Requires notification to be provided to affected communities, businesses, and workers with respect to the lack of any follow-on contracts or other defense-related contract activity. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authorization of appropriations for certain defense stabilization activities outlined under such Act. Provides an identical extension under such Act with respect to defense conversion adjustment. Directs the Secretary, in consultation with the Secretary of Education, to provide financial assistance to local educational agencies (LEAs) if, without such assistance, such LEA will be unable to provide students in schools of such LEA with a level of education that is equivalent to the minimum level of education available in the schools of the other LEAs in the same State. Outlines additional eligibility requirements. Directs the Secretary, in assisting communities in making adjustments resulting from reductions in the size of the armed forces, to transfer to the Secretary of Education funds to make payments to LEAs that are entitled to receive educational benefits for children of persons who reside or work on Federal property, who are on active duty in the armed forces, or who are refugees. Directs the Secretary to report to the Congress on the LEAs affected by the closures and realignments of military installations and by redeployments of members of the armed forces. Provides funding for such payments to eligible LEAs through FY 1993 DOD operation and maintenance authorizations. Subtitle D: Department of Defense Civilian Personnel Transition Initiatives - Requires the Secretary of the military department concerned, if such Secretary separates an employee from employment under a reduction in force and within two years after such separation seeks to employ a person for that same position or a position in the same competitive area, to first offer the separated employee such position, and to not employ a contract or temporary employee in the position. Requires the Secretary concerned, in seeking to reemploy separated employees but not in a sufficient number to reemploy all such employees, to offer reemployment on the basis of seniority in Federal service. Directs the Office of Personnel Management (OPM) to establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency (except the General Accounting Office and agencies conducting intelligence activities) that are to be filled by appointments for more than one year and for which applications are being accepted from outside the agency work force. Requires such list to be available to the public. Requires the Director of OPM to begin providing such information by toll-free telephone within 120 days after enactment of this Act. Requires an agency, in filling a vacant position for which a qualified displaced employee (a current or former DOD employee notified of termination or separated from employment due to a reduction in force) has properly applied, to give full consideration to such application before selecting any applicant from outside the agency for the position. Provides such preference for 12 months after notice or separation. Requires certain notification to be given, in the case of employees released from employment due to a reduction in force: (1) to the employee; (2) to his or her collective bargaining representative; and (3) if the reduction involves a significant number of employees, to the appropriate State dislocated worker unit and the chief official of the local government concerned. Authorizes the President to shorten the otherwise-required 60-day period of advance notification of such reductions in force because of circumstances not reasonably foreseeable. Amends the Defense Base Closure and Realignment Act of 1990 to provide that the date of notice of termination of employment of an employee of a military installation being closed or realigned under a base closure law (for purposes of determining eligibility for defense conversion adjustment assistance under the Job Training Partnership Act) shall, unless actual notice of termination is given, be 12 months before the closure or realignment is completed. Makes an identical amendment to the Defense Authorization Amendments and Base Closure and Realignment Act. Authorizes the Secretary concerned to pay a civilian employee having been employed for a continuous period of at least 12 months a separation benefit if such employee separates voluntarily from employment by either resignation or retirement. Outlines administrative provisions concerning the payment of such separation benefit, and prohibits such payment for a separation occurring after December 31, 1997. Restores certain leave of a Federal civilian employee of a military installation during the closure of such installation between October 1, 1992, and December 31, 1997. Requires certain reports. Provides for the continuation of certain Federal employee health benefits if the basis for such continuation of coverage is involuntary separation from a DOD position due to a reduction in force, limiting the individual to payments of no more than the required employee contributions for such coverage. Applies Thrift Savings Plan and Civil Service Retirement System benefits to employees (and their spouses) separated from service due to a reduction in force. Authorizes the Secretary and the Secretaries of the military departments to provide up to one year of training to civilian DOD employees who are separated from employment as a result of a reduction in force or the closure or realignment of a military installation. Allows such training between October 1, 1992, and September 30, 1995. Directs the Secretary to publish a register of the skill training programs carried out by DOD. Subtitle E: Other Matters - Extends through April 15, 1994, the authorized period of management by the Secretary of the Defense Business Operations Fund (DBOF). Limits the obligations authorized to be incurred by the Secretary in FY 1993 against the supply management divisions of the DBOF, with an exception when determined critical to U.S. national security. Extends through FY 1994 a required annual report from the Secretary concerning the security and control of DOD supplies. Adds to the information required in such report. Repeals a Federal provision requiring the Secretary to establish guidelines for reductions in the number of civilian DOD employees employed by industrial- or commercial-type activities. Directs the Secretary of the Army to provide for: (1) the operation and maintenance of indoor and outdoor rifle ranges; (2) the instruction of U.S. citizens in marksmanship and the employment of appropriate instructors; (3) the maintenance and management of matches or competitions in the use of such arms and the issue of necessary supplies; (4) the award of trophies; (5) the loan or sale of rifles and their ammunition and related equipment; and (6) the maintenance of the National Board for the Promotion of Rifle Practice. Authorizes such Secretary to issue for use in training and competition certain ammunition to qualifying gun clubs. Provides that amounts collected by such Secretary in the sale of guns and related supplies and ammunition shall be used to support the Civilian Marksmanship Program. Authorizes appropriations. Requires all rifle ranges constructed in whole or in part with funds provided by the United States to be used by members of the armed forces and persons capable of bearing arms. Authorizes the Secretary concerned to establish reasonable fees for use by civilians of a rifle range located on a military installation, to cover material and supply costs. Requires such fees collected to be used to maintain such rifle range. Prohibits civilian use of such range from interfering with any required military use. Provides for the payment of certain expenses of members of the armed forces competing at matches or competitions or attending small-arms firing schools. Allows funds authorized under this Act for operation and maintenance to be used to purchase items not exceeding $100,000 for each item. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal a requirement for a competition pilot program for the depot-level maintenance of materials. Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to provide optional summer school programs in the defense dependents' education system. Directs the Secretary to review the practices and procedures of the military departments regarding the use of civilian airfields in flight training activities of the armed forces, giving special consideration to airfields located in heavily populated areas. Directs the Secretary to sell to South Korea all or any part of obsolete ammunition in DOD inventory which is intended for use as reserve stocks for South Korea and is located in a stockpile in South Korea on the date of enactment of this Act. Authorizes the Secretary to acquire logistic support, supplies, and services for elements of the armed forces deployed outside of the United States (currently, deployed in Europe and adjacent waters). Excepts a period of active hostilities involving the armed forces (currently, NATO) from a provision concerning the liabilities that may be accrued by the United States for the acquisition of supplies. Directs the Secretary of a military department or the head of a defense agency, when cost effective, to provide a preference for the procurement of the most energy efficient equipment available that meets the needs or requirements for the procurement. Directs the Secretary, using 50 DOD facilities, to conduct demonstration programs for using energy efficient lighting equipment and energy efficient refrigeration equipment. Requires audits. Requires facility designations and audit completions by specified dates. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Authorizes the Secretary to waive an end strength when considered necessary to prevent personnel imbalances that would impair long-term combat readiness. Authorizes the Secretary to transfer certain amounts appropriated to DOD under this Act in order to prevent involuntary separations that would otherwise be necessary to reduce the size of an armed force to within the authorized end strength. Requires the Secretary to promptly notify the Congress of any such transfers. Authorizes the Secretary to adjust end strengths in the national interest, with limitations to such adjustments for both active-duty and reserve forces. Repeals specified provisions of the National Defense Authorization Act for Fiscal Year 1991 and the National Defense Authorization Act for Fiscal Years 1992 and 1993 which limit reductions in the number of DOD medical personnel. Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to designate up to eight general and flag officer positions within joint duty requirements for exclusion from limitations on the end strengths for general and flag officers on active duty. Subtitle B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Allows such end strengths to be reduced in proportion to the total amount of reserve members on active duty, with a proportionate increase when such personnel return to reserve duty. Prohibits, with specified exceptions, any unit of the Selected Reserve from being inactivated during FY 1993. Requires the Secretary to provide the defense committees with the rationale for any unit inactivation sought. Authorizes end strengths for FY 1993 for reserve personnel serving on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Authorizes the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act. Subtitle D: Funding Authorization - Authorizes appropriations for FY 1993 for the use of the armed forces for military personnel. Title V: Military Personnel Policy - Subtitle A: Reserve Component Matters - Directs the Secretary to ensure that, by the end of FY 1993, a specified number of active Army combat support positions are transferred to the reserve components of the Army. Prohibits the Secretary from reducing the number of Army National Guard or Army Reserve medical personnel below the number existing on September 30, 1992. Extends through FY 1993 certain reserve officer management programs. Prohibits former Army or Air Force reserve officers from being reenlisted if: (1) the person was discharged or released from active duty as a reserve on the basis of misconduct, moral or professional dereliction, duty performance below prescribed standards, or retention being inconsistent with national security; or (2) the person's former enlisted status and grade was based solely on the participation in a precommissioning program that resulted in the reserve commission held by such person before release or discharge. Subtitle B: Services Academies - Prohibits the use of funds appropriated to DOD to support the assignment of more than one general officer to permanent duty at the United States Military Academy and at the United States Air Force Academy or to support the assignment of any general officer in a grade above general to permanent duty at either Academy. Provides a transition provision. Allows the Chairman of the JCS to waive such prohibition to meet unsatisfied requirements for general officer joint duty positions. Directs the Secretary to report to the defense committees a plan for implementing certain recommendations reported by the Comptroller General regarding military preparatory schools. Directs the Secretary to recommend to the defense committees legislation for: (1) establishing an equal number of civilian and military faculty members at the U.S. Military Academy and the U.S. Air Force Academy; and (2) phasing out the assignment of military personnel as permanent professors at those academies. Prohibits funds appropriated to DOD from being used to support the assignment of enlisted personnel for permanent duty in a military band for any service academy band. Prohibits funds made available for pay of military personnel from being used to pay for noninstructional positions at the service academies not certified by the DOD Inspector General as being directly involved in the administration of the faculty or students or in the maintenance of facilities or equipment. Requires each service academy to be under the supervision and control of the commander of the major Army, Navy, or Air Force command having jurisdiction over that department's officer training program. Subtitle C: Officer Personnel Policy - Directs the Secretary to report to the defense committees on the plans of the military departments for the procurement of officer personnel during each of FY 1993 through 1997. Requires a related report on planned officer assignments for commissioned officers who begin their obligated active duty service during such fiscal years. Directs the Secretary to provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each department and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system. Requires a report and provides funding. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to require the conduct of test assignments of female members of each armed force to duty in combat aircraft. Revises provisions concerning selective early retirement to authorize the Secretary concerned to submit to an early retirement selection board the names of all eligible officers who are also in particular year groups, specialties, or retirement categories, or any combination thereof within that competitive category. Provides for the retirement of certain limited duty Navy captains and commanders who have failed twice for promotion to the following grade. Limits the duration of a deferred retirement for such limited duty Navy officers. Subtitle D: Active Forces Transition Enhancements - Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations. Directs the Secretary to: (1) develop proposed uniform standards and procedures for the granting of appropriate credit for service in the armed forces under State teacher certification or licensing procedures; and (2) coordinate with appropriate State agencies the incorporation of such standards and procedures into such State's certification or licensing requirements. Authorizes the Secretary to delegate his responsibilities to the Secretary of Education. Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements, and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995. Authorizes the Secretary concerned, upon the member's request, to grant an early retirement to regular or reserve commissioned officers in their respective military departments who have served between 15 and 20 years, as long as such members agree to register on the public or community service registry maintained under this Act by the Secretary and receive counseling regarding such job opportunities. Provides for the computation of the retired pay of members so retired, and provides funding for the implementation of such early retirement. Terminates such authority on October 1, 1995. Provides that if a member so retired is actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service which includes the years of public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for the purpose of payment of survivor annuities. Allows active-duty personnel who are voluntarily discharged or released from the armed forces, who have completed a program of education leading to a standard college degree, and who previously made an election while on active duty not to participate in the Montgomery GI Bill educational assistance program to withdraw such election within 90 days after discharge or release and participate in the program. Requires a $1,200 payment to the Secretary of Veterans Affairs by such individuals for participation in the program. Provides that, except for annual training or active duty for training of 30 days or less, a reserve member entitled to voluntary separation incentive payments who is also entitled to basic pay for active service shall forfeit an amount of voluntary separation incentive pay which is equal to the total amount of basic pay received during such concurrent periods. Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty. Directs the Secretary and the Director of OPM to jointly carry out a program to provide eligible persons with temporary health benefits under the program of continued health coverage provided for former civilian employees of the Government. Makes eligible for such continued coverage members who were voluntarily or involuntarily discharged or released from active duty under other than adverse conditions, were entitled to medical and dental care prior to such discharge or release, and would not otherwise be eligible for such benefits after such discharge or release and any applicable period of transitional health care. Outlines provisions concerning: (1) notification by the Director of eligibility; (2) election by the member to receive such continued benefits; (3) coverage of dependents; (4) charges for such coverage, to be paid into the Employees Health Benefits Fund; (5) contributions into such Fund by the Secretary in the case of coverage for a member involuntarily discharged; (6) the period of continued coverage; (7) transitional provisions; and (8) termination of other health conversion policies upon election of coverage under the above health benefits continuation program. Subtitle E: Guard and Reserve Transition Initiatives - Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction transition period (period), no unit in the Selected Reserve may be inactivated and no such member may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly, with respect to their service to their country, and with attention to the adverse personal consequences of unit deactivation or involuntary discharges or transfers. States that the protections afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay. Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length of such annual payments as well as its computation. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides funding. Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date and before October 1, 1995, has completed at least 15 years of service and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and are involuntarily discharged or transferred from the Selected Reserve. Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the period. Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for one year after such cessation or one year after the enactment of this Act, whichever is later. Increases from 120 to 365 days after the involuntary termination as a member of the Selected Reserve the period during which continued coverage under Servicemen's Group Life Insurance will be provided, as long as such member is able to fulfill certain other requirements for eligibility for such insurance. Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of the service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions. Subtitle F: Other Matters - Provides for retention on active duty until the completion of 20 retirement-eligible years of service for certain enlisted regular and reserve members who have completed at least 18, but less than 20 years of such creditable service. Reduces from 300 to 240 the authorized number of enlisted personnel to be designated to duty at any one time as enlisted aides. Allows the assignment as an enlisted aide on the personal staff of an officer only if such officer is a commander. Limits the authorized amount of FY 1993 DOD funds that may be expended for the costs of permanent changes of station. Reduces the number of personnel authorized to carry out recruiting activities during FY 1994 to 90 percent of that authorized for FY 1992. Limits to 3,500 the total number of Junior Reserve Officers' Training Corps units that may be established and maintained by the military departments. Authorizes the Secretary concerned to pay the entire amount of such educational costs to an institution if the Secretary determines such to be in the national interest and the interest of the community of that institution. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives during FY 1993 a required pay increase for military personnel in conformity with the annual GS-level increase for the Federal Government. Increases by 3.7 percent the rates of basic pay, basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1993. Provides temporary rates of basic pay for the period after December 31, 1992, and before October 1, 1995, for certain noncommissioned officers and warrant officers and for certain colonels and Navy captains. Extends through FY 1993: (1) the enlistment and reenlistment bonus for members possessing critical skills; (2) the aviator retention bonus; (3) the bonuses for reserve enlistments, reenlistments, affiliations and extensions; (4) the special pay authority for enlisted members of the Selected Reserve assigned to high priority units; (5) the period for repayment of education loans for certain health professionals who serve in the Selected Reserve; (6) the accession bonus for registered nurses; (7) the nurse candidate accession program; and (8) the special pay for nurse anesthetists. Subtitle B: Other Matters - Directs the Secretary to report to the defense committees the Secretary's recommendations for legislation permitting the concurrent payment to members and former members of the armed forces of full military retirement benefits and full compensation for service-connected disabilities payable under laws administered by the Secretary of Veterans Affairs. Directs the Secretary to reserve in a DOD contingency fund a sufficient amount to ensure such concurrent payments in FY 1994 if such legislation is enacted. Expands the expenses considered reimbursable under a DOD adoption expenses programs covering members adopting a child under 18 years of age to include expenses relating to pregnancy and childbirth for the biological mother, and temporary foster care charges when payment of such charges is required immediately before the child's placement. Includes transportation expenses relating to the adoption, with exceptions. Makes identical expansions under the Coast Guard adoption expenses coverage program. Prohibits any person from having any lien on baggage and household goods being transported for military personnel at Government expense or on a motor vehicle being so transported. Authorizes the payment of an advance of pay of up to two months' basic pay to a member on duty outside the United States or other place designated by the President if the member or his or her dependents are ordered to be evacuated by competent authority. Provides an increase in a recomputed retirement pay for certain enlisted members credited with extraordinary heroism in the line of duty during a period of active service. Includes certain travel and transportation allowances within the benefits authorized under the special separation benefits program (a program of voluntary separation from the armed forces in return for the receipt of certain benefits). Authorizes the payment of retired pay for a person who, before August 16, 1945, was a member of the reserves, if such person performed at least 20 years of retirement-creditable service. Excludes certain service before such date in the computation of retirement-creditable service. Provides a subsistence for expenses incurred by a member of the armed forces while performing duties as an escort of an arms control inspection team of a foreign country while the team is engaged in activities relating to the implementation of an arms control treaty or agreement. Title VII: Health Care Provisions - Authorizes a chiropractor who is qualified under regulations prescribed by the Secretary of the military department concerned to be appointed as a regular commissioned officer in the Army Medical Service Corps, the Navy Medical Corps, or in the Air Force for designation as a chiropractic officer. Revises the dependents' dental program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) by: (1) repealing the authority for the provision of a supplemental dental benefits plan for spouses and children of active-duty personnel; (2) increasing to up to $20 monthly (currently $10) the member premium for such coverage; (3) expanding such coverage to include orthodontic services, crowns, gold fillings, bridges, and complete or partial dentures; (4) requiring a percentage payment as determined appropriate by the Secretary for the services provided under such expanded coverage; and (5) directing the Secretary to devise and implement a program for the improvement of the provision of dental benefits to such members' dependents. Expresses the sense of the Congress that members of the armed forces, and their dependents and survivors, should have access to health care under the health care delivery system of the armed forces regardless of age or health care status. Outlines specified action to be taken under a comprehensive managed health care plan for such individuals by the Secretaries of Defense, Health and Human Services, and Transportation. Directs the Secretary to establish a joint services working group on the provision of military health care to persons who rely for health care on health care facilities at military installations being closed or realigned. Requires the working group to solicit views from those affected by such closures or realignments regarding suitable substitutes for such care. Requires the working group to recommend to the Congress and the Secretary alternative means of providing accessible health care to such individuals. Directs the Secretary to: (1) establish a program that permits eligible individuals to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under CHAMPUS; and (2) conduct the program in two or more regions, each region consisting of two or more States. Defines as persons eligible for such program any person entitled to medical care under a CHAMPUS contract, or a person over 65 years of age and living in an area affected by the closure of a health care facility as a result of the closure or realignment of a military installation at which the facility is located. Requires: (1) a fee to be charged individuals for the pharmaceuticals; and (2) a report. Directs the Secretaries of Defense, Health and Human Services, and Transportation to conduct annually a formal survey of CHAMPUS beneficiaries with regard to the availability of, familiarity with, and effectiveness of, such health care system. Reduces from $10,000 to $7,500 the maximum yearly cost of CHAMPUS health care required to be paid by a former member of the armed forces or an individual or family of two or more persons, effective as of FY 1993. Includes certain renal disease patients under Medicare coverage under an exception authorizing the continuation of concurrent CHAMPUS coverage for such patients. Applies such concurrent coverage with respect to health care benefits or services received after FY 1991 if such benefits would have been covered under a plan contracted for under CHAMPUS. Allows home health services and other services in connection with extraordinary physical or psychological conditions to be provided through CHAMPUS only through a program of individualized case management established by the Secretary and in a manner determined to be cost-effective and appropriate. Directs the Secretary and the Secretary of Health and Human Services (HHS) to jointly conduct a demonstration project that provides for the Secretary of HHS to reimburse DOD for health care services furnished to Medicare-eligible persons at a DOD health care facility. Requires amounts reimbursed to be used at that facility for the furnishing and expansion of health care services. Requires a report. Directs the Secretary to: (1) conduct a study of the feasibility and advisability of entering into risk-sharing contracts with health care organizations to furnish health care services to person entitled to such care in a military health care facility; (2) if determined feasible, develop a plan for entering into such contracts; and (3) report study results to the Congress. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to undertake a comprehensive review of the Federal employees health benefits program in order to determine whether furnishing health care under a similar program to CHAMPUS-eligible persons would be more efficient and cost-effective. Directs the Secretary to provide by contract for the operation of a health claims processing center to be known as the National Centralized Claims Processing System for CHAMPUS (Center). Requires: (1) the Center to commence operations within five years after enactment of this Act; and (2) competitive procedures for entering into such a contract. Outlines Center information collection, storage, and processing activities. Requires claims submitted to conform to requirements applicable to claims submitted under part A of Medicare. Requires the Secretary to determine whether the use of a standard identification card containing electronically readable information will enhance the capabilities of the Center. Directs the Secretary, during FY 1993 through 1996, to continue to test a broad array of reform options for furnishing health care to eligible persons under the CHAMPUS health care reform initiative. Directs the Secretary to ensure that a replacement or successor contract for the CHAMPUS Reform Initiative contract applicable for California and Hawaii is awarded in time to begin provision of health care there under the new contract by August 1, 1993. Directs the Secretary to provide by contract for a person outside the Government to perform an evaluation of the conduct of the CHAMPUS Reform Initiative in California and Hawaii, and to report evaluation results to the Secretary and the Congress. Directs the Secretary to modify the Policy Guidelines on the Department of Defense Coordinated Care Program to provide covered beneficiaries with additional positive incentives to enroll in the DOD coordinated care program. Directs the Secretary, as part of such incentive review, to consider the extent to which covered beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval. Prohibits the Secretary from denying access to military treatment facilities to those not enrolled in the program, while allowing the Secretary to establish reasonable admission preferences for those enrolled in the program as an incentive to encourage enrollment. Excludes certain unmarried incapacitated legitimate children of members or former members of the armed forces from CHAMPUS coverage. Entitles a member of the armed forces who is on duty at a station outside the United States (and any accompanying dependent) to the provision of any reproductive health service in a military medical facility outside of the United States serving that duty station in the same manner as any other type of medical care. Requires the member to pay the full cost of receiving such care. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Defense Conversion Policy for the National Defense Technology and Industrial Base - Sets forth provisions concerning the National Defense Technology and Industrial Base (NDTIB). Outlines NDTIB policy objectives and how they relate to defense conversion and civil-military integration objectives. Establishes the National Defense Technology and Industrial Base Council (Council) to provide overall policy guidance and direction to the military departments and defense agencies concerning: (1) the capabilities of the NDTIB to meet U.S. national security objectives; (2) programs for achieving the defense conversion objectives set forth; and (3) changes in acquisition policy that would strengthen the NDTIB. Directs the Council to prepare a comprehensive annual assessment of the NDTIB to achieve its stated objectives. Requires each assessment to include a sector (technology or industry) capability analysis containing specified information with respect to its ability to achieve the stated objectives. Outlines factors concerning foreign dependency on raw materials, systems, equipment, and facilities to be addressed in each assessment. Requires each such assessment to also include: (1) an analysis of the present and projected financial condition of each sector for specified periods; (2) an analysis of the impact of the terminations and significant reductions of major R&D programs and procurement programs of DOD on the capability of each sector to achieve its objectives; (3) a critical technology analysis that identifies the product and process technologies that are most critical for attaining the technology and industrial base objectives; and (4) an analysis of each sector's viability in light of defense and nondefense expenditures, integration with the commercial marketplace, and production. Directs the Council to prepare an annual plan for ensuring that the policies and programs of DOD, the Department of Energy (DOE), and other Federal departments and agencies are planned, coordinated, funded, and implemented in a manner which achieves policy objectives. Requires each plan to provide specific guidance, including goals, milestones, and priorities, with respect to: (1) sector viability; (2) manufacturing technology; (3) critical technologies; (4) integrated financing; (5) civil-military integration; (6) defense conversion; (7) technology and industrial base work force; (8) major program acquisition; and (9) acquisition reform. Requires the plan to establish funding priorities for each area of guidance. Directs the Secretary to provide the annual plan to the Secretaries of the military departments and the heads of other affected elements of DOD. Directs the Secretaries of Energy and Commerce to provide such guidance to appropriate officials within their respective departments. Requires an annual report by the Secretary to the Congress on the plan and the NDTIB assessment prepared for that year. Directs the Council to establish a federally funded R&D center to be known as the National Defense Center for Analysis of the Technology and Industrial Base (NDC). Outlines NDC duties with respect to the NDTIB, including assembling of information, studies and analyses, provision of technical support and assistance, and dissemination of unclassified information gathered. Directs the Secretary to prescribe regulations requiring consideration of the NDTIB in the development and implementation of acquisition plans for each major defense acquisition program. Outlines required contents of such acquisition plans, implementation provisions, and required dates for annual assessments of such plans. Requires the Council to establish the NDC within six months after enactment of this Act. Sets forth provisions concerning dual-use technologies (technologies having both commercial and military applications). Directs the Secretary to conduct a program providing for the establishment of cooperative arrangements (partnerships) between DOD and certain non-DOD entities (nonprofit research corporations, Federal laboratories, institutions of higher education, agencies of State governments, and other entities showing support for such work) in order to encourage and provide for research, development, and application of technologies to attain the NDTIB objectives. Limits partnership duration to five years. Provides 50 percent Federal funding of the partnership for the first year, reduced by ten percent each year of the partnership. Provides for consideration of in-kind contributions by non-Government participants in a partnership when determining the sharing of partnership costs. Requires competitive procedures to be used in the establishment of such partnerships. Outlines partnership selection criteria, and authorizes the Director of Defense Research and Engineering to perform the responsibilities of the Secretary under the partnerships. Renames the current critical technology application centers assistance program as the regional technology alliances assistance program. Provides funding for: (1) defense dual-use critical technology partnerships; (2) commercial-military integration partnerships; (3) defense regional technology alliances; and (4) the overseas critical technology monitoring and assessment financial assistance program. Directs the Secretary to establish within his Office the Office of Technology Transition to ensure that technology developed for national security purposes is integrated into the private sector of the United States in order to enhance the NDTIB. Provides further duties of the Office, and requires the Secretary to report to the defense committees on Office activities. Requires such Office to commence operations within 180 days after enactment of this Act. Directs the Secretary to establish a National Defense Manufacturing Technology Program to: (1) provide centralized guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; (2) direct the development and implementation of DOD goals, plans, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment; (3) improve the quality and practices of businesses providing goods and services to DOD; (4) promote dual-use manufacturing processes; (5) disseminate to businesses information concerning improved manufacturing concepts; (6) enhance the skills of the manufacturing work force; and (7) ensure appropriate coordination between the manufacturing technology and industrial preparedness programs of DOD and similar programs undertaken by other Federal departments and agencies and the private sector. Requires the Secretary to revise the program on an annual basis. Authorizes the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the manufacturing technology program. Earmarks specified amounts authorized for R&D under this Act for: (1) defense advanced manufacturing technology partnerships; (2) manufacturing technology extension programs; and (3) defense manufacturing education programs. Sets forth provisions concerning miscellaneous technology base policies and programs. Directs the Secretary to establish a program to achieve the NDTIB objectives set forth under this Act by providing dual-use enhancement capability support to various nonprofit, public, and private organizations. Outlines services provided under the program. Provides Federal funding of such program of 50 percent in the first year, 40 percent in the second year, and 30 percent in the third and following years. Outlines criteria for the selection of a program to receive such assistance, including the extent to which the program advances and enhances the NDTIB objectives. Directs the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the dual-use assistance extension program. Provides program funding from funds authorized to be appropriated to DOD under this Act. Reorganizes various Federal provisions relating to the NDTIB, and repeals inconsistent provisions. Earmarks specified funds for FY 1993 and thereafter for research and R&D activities under the Small Business Innovation Research Program (SBIR). Limits the amounts paid to a small business concern by DOD under the SBIR. Directs the Secretary to develop and issue a strategy for effectuating the transition of successful projects under the SBIR from phase II to phase III of the program. Extends through FY 1999 the SBIR within DOD. Directs the Secretary, during FY 1993, to give priority in the allocation of specified funds, including SBIR funds, to programs, projects, and activities that provide significant assistance for converting the capabilities of businesses that are economically dependent on DOD business to capabilities having both defense and nondefense commercial applications. Establishes the Advanced Research Projects Agency (Agency) as a defense agency, headed by a Director with assistance from a Deputy Director. Makes the Agency the central R&D organization of DOD, with specified defense R&D duties. Subtitle B: Acquisition Assistance Programs - Amends the Small Business Act to provide that a Government defense procurement contracting officer entering into a contract with a small business is not required to refer a determination of nonresponsibility made by that officer to the SBA unless the small business requests a determination of its responsibility, and the issuance of a certificate of responsibility, by the SBA. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1994 a test program for the negotiation of small business subcontracting plans. Limits the FY 1994 participants in such program. Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1999 the test program of contracting for printing-related services for DOD with disadvantaged small business concerns. Extends through FY 2000 the requirement for DOD to extend five percent of its defense procurement contracts to disadvantaged small businesses, historically Black colleges and universities, and other minority institutions. Directs the Secretary to actively monitor and assess the progress of the military departments, defense agencies and prime contractor of DOD in attaining such goal. Authorizes a person to request the Secretary to determine whether the use of small business set asides by a DOD contracting activity has caused a particular industry category to bear a disproportionate share of the progress made toward attainment of the small business contracting goal. Earmarks specified funds from this Act for FY 1993 for infrastructure assistance to historically Black colleges and universities and minority institutions. Earmarks specified FY 1993 funds made available under this Act for the pilot Mentor-Protege Program established under the National Defense Authorization Act for Fiscal Year 1991. Earmarks specified amounts of such earmarked funds for the direct reimbursement of developmental assistance costs incurred by mentor firms under major defense acquisition programs in the participation of such firms in the Program. Requests the Secretary to publish the DOD policy for such Program as required under Federal law within 15 days after enactment of this Act. Prohibits the SBA from making a disadvantaged small business concern ineligible to receive any assistance authorized under the Small Business Act because of participation in, or receipt of developmental assistance under, the Mentor-Protege Program. Directs the Secretary to determine the status of a small business as a disadvantaged small business. Repeals a provision prohibiting a protege firm from being considered an affiliate of a mentor firm for purposes of the Small Business Act solely on the basis of such a relationship under the Mentor-Protege Program. Earmarks specified FY 1993 funds authorized under this Act for the procurement technical assistance cooperative agreement program, further earmarking specified portions of such funds for specific programs under such program. Subtitle C: Miscellaneous Acquisition Policy Matters - Extends through FY 1994 a program for the use of master agreements for the procurement of advisory and assistance services. Revises the definition of a major defense acquisition program (MDAP) to include those programs which require an eventual total for R&D of more than $300,000,000 (currently $200,000,000) or an eventual total for procurement of more than $1,800,000,000 (currently $1,000,000,000), both figures based on constant FY 1990 (currently 1980) dollars. Authorizes the Secretary to adjust such amounts on the basis of DOD cost escalation rates, with written notification of such adjustments to the defense committees. Authorizes the Secretary to waive the requirement for submission of Selected Acquisition Reports (SAR) for a program for a fiscal year under specified circumstances, requiring written notification of such waivers to the defense committees. Provides identical requirements for changes in the contents of an SAR. Revises provisions concerning information required to be included in each SAR for the first quarter of a fiscal year, as well as delivery dates of reports by a MDAP program manager of the unit costs of that program. Requires an additional SAR when the Secretary of the military department concerned determines that the program acquisition or current procurement unit cost of a MDAP has increased by at least 15 percent. Waives a current Federal provision prohibiting the payment of severance pay to foreign nationals when the head of an agency awarding the contract makes certain determinations with respect to such payments. Directs the Secretary to report annually to the defense committees on any agency head use of such waiver authority. Prohibits the purchase by entities controlled by foreign governments of a company that is performing a DOD contract, a DOE contract under a national security program, or DOD or DOE prime contracts in an amount in excess of $500,000,000. Provides exceptions. Prohibits a DOD or DOE contract under a national security program from being awarded to a company owned by an entity controlled by a foreign government if it is necessary for that company to be given access to information in a proscribed (classified) category of information in order to perform the contract. Authorizes the Secretary to waive such prohibition for national security interests. Makes the policy of DOD with respect to the disposition of any invention made during the performance of a federally funded R&D contract, grant, or cooperative agreement identical to Federal provisions concerning patent rights in inventions made with Federal assistance. Waives such rights with respect to awards not covered under chapter 18 when the Secretary makes certain determinations. Provides an invention confidentiality requirement. Authorizes a contractor to resubmit a certification of a claim under a shipbuilding contract if the certification is determined to be deficient because of the position, status, or scope of authority of the person executing the certification. Requires such resubmission within 30 days of notification of a deficient certification. Amends the Arms Export Control Act and other Federal provisions to authorize DOD to share equitably with U.S. allies involved in a joint R&D contract the costs of claims with respect to any such R&D programs. Requires a firm that is performing a DOD contract in excess of $10,000,000 to notify DOD in advance of any intention to perform outside the United States any part of such contract in excess of $500,000 which could be performed in the United States. Makes such requirement inapplicable to contracts for military construction. Disallows the payment of an indirect cost under a covered defense contract if such cost violates a principle in the Federal Acquisition Regulation or the DOD Supplement to the Federal Acquisition Regulation. Requires the Secretary to assess a penalty against any contractor attempting to receive reimbursement for such a cost. Provides for the waiver of such penalty in prescribed circumstances. Directs the Secretary to carry out a science and technology fellowship program to enhance the ability of DOD to recruit and retain employees who are highly qualified in the fields of science and technology. Requires the Secretary to support a fellow under such program in a related research or teaching field in such areas after two years of Federal service as an employee in a science or technology position at DOD. Allows a contractor that has participated in defense system development, production, or testing solely as a representative of the Federal Government to be involved in the establishment of criteria for data collection, performance assessment, or evaluation activities for the operational test and evaluation of such system. Directs the Secretary to prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition from terminating or substantially reducing its participation in such program without the approval of the Under Secretary. Prohibits the Secretary from procuring a sonobuoy in a foreign country unless U.S. firms that manufacture sonobuoys are permitted to compete on an equal basis with foreign manufacturing firms for the sale of such buoys in that foreign country. Provides a waiver in the interest of national security. Defines "units to be procured until procurement is completed" under the shipbuilding total program reporting requirement. Title IX: Department of Defense Organization and Management - Subtitle A: General Matters - Requires transmission to the Congress after January 1, 1992, by the Secretary of a report of the Chairman of the JCS with respect to the roles and missions of the armed forces in the post-Cold War era. Designates the Vice Chairman of the JCS as a member of the JCS. Directs the Chairman of the JCS to establish on the JCS the position of the Assistant to the Chairman of the Joint Chiefs of Staff for National Guard and Reserve Affairs, to be the principal adviser to the Chairman on matters concerning the reserve components. Directs the Secretary of the Navy to consolidate and streamline the Navy headquarters establishments within the Office of the Chief of Naval Operations to reflect changes in the roles and missions of the Navy. Designates as one of the Assistant Chiefs of Naval Operations the Assistant Chief of Naval Operations for Expeditionary Warfare, to supervise the performance of all responsibilities of the Chief regarding expeditionary warfare. Directs the Secretary to make certain certifications to the defense committees with respect to the assignment of functions and personnel for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the special operations command. Provides an alternative to such certifications. Extends through calendar year 1998 the requirement of a joint duty assignment as a prerequisite for promotion to a general or flag officer. Revises provisions regarding the education and experience requirement for such promotion. Provides that an officer shall be considered to have completed a full tour of duty in a joint duty assignment upon the successful completion of an assignment which gives such officer significant experience in joint duty matters through specified commands, military departments, or defense agencies. Directs the Secretary to credit as having completed a full tour of duty in a joint duty assignment, for promotion purposes, officers who performed duty in the Persian Gulf combat zone that either provided significant experience in joint matters or involved frequent professional interaction with units and members of another U.S. military department or an allied armed force. Requires the concurrence of the commanding officer of that officer's service branch before such crediting will be allowed. Makes certain reporting and policy requirements inapplicable to officers for whom such joint duty crediting has been granted. Directs the Secretary to include in the annual defense budget report required to be submitted to the Congress certain information with respect to the total number of officers for whom such joint duty credit was granted. Authorizes the Chairman of the JCS to provide funds from the CINC Initiative Fund to the Director of the Joint Staff with respect to an area not within the responsibility of a commander of a combatant command. Directs the Chairman to give priority consideration in the provision of funds to the Director for activities: (1) that would enhance the war fighting capability, readiness, or sustainability of the forces involved; or (2) that would reduce the threat to, or otherwise increase, the national security. Limits to $5,000,000 the funding to provide military education and training to military and related civilian personnel of foreign countries. Directs the Secretary to reestablish within his Office the position of Deputy Assistant Secretary of Defense for Equal Opportunity (Deputy) and require such official to carry out the same or similar duties that were formerly carried out by the Deputy before such position was abolished. Directs the Secretary, within ten days after enactment of this Act, to rescind or revise a certain memorandum of the Deputy Secretary of Defense relating to the delivery of legal services within DOD. Directs the Secretary to establish a Commission on the Conduct and Review of Investigations in the Department of Defense (Commission). Requires the Commission to review, and recommend changes in, policies, procedures, and practices of DOD concerning the conduct and review of investigations. Requires the Commission to report its findings to the Secretary, who in turn is required to transmit the report to the defense committees, together with his comments and recommendations. Expresses the sense of the Congress that the Army and Marine Corps should intensify efforts to eliminate unnecessary duplication, to improve interservice coordination, and to specialize in areas in which each has a comparative advantage, especially as such goals relate to the provision of armor, artillery, and other high-intensity combat items and related equipment and supplies. Requires the Chairman of the JCS to examine and make recommendations with respect to equipping the Marine Corps with armor, heavy artillery, and other related weapons so as to be capable of sustaining high-intensity combat independent of the other military departments. Directs the Secretary to study the operational support airlift aircraft and administrative transport airlift aircraft operated by the National Guard and reserve components. Directs the Secretary to ensure that the defense committees are fully and currently informed of all operational activities carried out by members of the armed forces or employees of DOD. Requires the head of any other Federal department or agency to submit to such committees any information requested relating to any operational activities carried out in their department or agency. Prohibits the obligation of more than 50 percent of the authorized funding for specified aircraft or missile programs until 60 days after the Secretary has submitted certain reports to the Congress. Subtitle B: Drug Interdiction and Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) extend through FY 1994 the authority of the Secretary to provide support for the counter-drug activities of any other Federal department or agency or a State, local, or foreign law enforcement agency; and (2) add to such authorized support services the detection, monitoring, and movement of traffic at, near, and outside U.S. geographical boundaries, as well as linguist and intelligence analysis services. Amend the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1997 the authority of the Secretary to transfer excess personal property to other Federal and State agencies. Directs the Secretary to study, and report to the Congress on, the land-, sea-, or air-based systems used by DOD in carrying out activities relating to the reconnaissance, detection, and monitoring of drug traffic. Prohibits the obligation of FY 1993 funds for such purposes until such report is submitted. Directs the Secretary to conduct an outreach program aimed at reducing the demand among youths for illegal drugs. Authorizes the use of funds made available under this Act for drug interdiction and counter-drug activities for the outreach program. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in this Division for FY 1993 between any such authorizations for that fiscal year (or any subdivisions thereof), to be merged with and available for the same purposes as the authorization to which transferred. Limits to $1,500,000,000 the total amount of authorizations which may be so transferred. Requires the Secretary to promptly notify the Congress of any such transfers. Directs the Secretary to submit to the Congress with the annual defense budget a multiyear defense budget consistent with a required multiyear defense plan. Requires the DOD military programs in such budget to be organized on the basis of major roles, missions, or forces of DOD. Amends the National Defense Authorization Act for Fiscal Year 1991 to provide specified additional transition authority with respect to closing or expired DOD appropriation accounts. Subtitle B: Supplemental Authorization of Appropriations for Operation Desert Storm - Amends the Persian Gulf Supplemental Authorization and Personnel Benefits Act of 1991 to extend through FY 1993 provisions relating to the establishment of the Persian Gulf Working Capital Account, the authorization of supplemental appropriations to such Account, and monthly reports on transfers to such Account. Authorizes additional appropriations for FY 1992 and 1993 to such account for military personnel and increases the authorized transfers for each fiscal year authorized under such Act by the amount of additional funds authorized to be appropriated by this Act. Subtitle C: Defense Maritime Logistical Readiness - Repeals Federal law allowing only vessels of the United States to be used in the transportation by sea of supplies bought for the armed forces. Directs the Secretary to: (1) prescribe regulations and establish practices for the procurement of transportation by water and related distributions services for DOD cargoes; (2) ensure that all studies and reports of DOD and all actions taken in DOD concerning sealift and related intermodal transportation requirements take into consideration the full range of transportation and distribution capabilities that are available from operators of privately-owned U.S. flag merchant vessels; (3) afford each operator of such a privately-owned U.S. flag vessel at least an annual opportunity to present to DOD information of its port-to-port intermodal transportation capabilities; (4) ensure private vessel owner participation in studies and reports on intermodal transportation possibilities; and (5) submit to the Secretary of Transportation an annual certification of compliance with such requirements. Prohibits, except in time of war, national emergency, or other exigent circumstances, vessels owned by the United States from being operated in competition with privately-owned U.S. flag commercial merchant vessels. Requires DOD cargoes to be transported on such private vessels whenever such vessels are available with reasonable timeliness. Allows U.S.-owned vessels to be used when such reasonable timeliness requirement cannot be met by such private vessels. Allows foreign flag vessels to be used when no private or U.S.-owned vessels are available. Prohibits a contract for the transportation of DOD cargoes by water to include terms or conditions which impair the ability of the contractor to own or operate foreign flag vessels in addition to the U.S.-flag merchant vessels, or which limit the contractor's ability to meet its common carrier obligations to the general public (with an exception to the latter prohibition in time of war or national emergency). Directs the Secretary to enter into logistics readiness agreements with contractors of privately owned U.S.-flag vessels under which the contractor shall, in time of war, national emergency, or foreign crisis, provide services to meet DOD cargo water transportation requirements. Provides required contract provisions. Requires the Secretary to submit to the Secretary of Transportation at least annually the DOD projections of weekly requirements, in excess of normal peacetime requirements, for the transportation of DOD cargoes to meet logistics and war fighting requirements in such exigent circumstances. Provides for the payment to contractors of foreign charges incurred under such transportation contracts. Provides transition provisions. Directs the Secretary and the Secretary of Transportation to promptly take appropriate actions to modernize, update, revise, or eliminate the current Sealift Readiness Program consistent with changes brought about by this Subtitle. Prohibits any Federal agency from requiring a party to a logistic readiness agreement to enter into or remain enrolled in the Sealift Readiness Program as a condition for being awarded a contract to provide transportation or distribution services under this Subtitle. Subtitle D: Technical Amendments - Makes technical amendments to Federal armed forces provisions. States as a policy of the Congress that qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to provide approved commodities and services as subcontractors and suppliers under contracts awarded by DOD. Provides that, in the case of a business concern that has negotiated a small business subcontracting plan with a military department or defense agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan. Terminates such provision at the end of FY 1994. Subtitle E: Miscellaneous Matters - Directs the Secretary to report to the defense committees on the U.S. strategic posture in the Middle East and Persian Gulf regions. Requires such report to include a military threat assessment for such regions. Directs the Secretary to conduct, and report to the defense committees on, an analysis of options for providing forward presence of naval forces during peacetime. Expresses as U.S. policy the opposition to restrictive trade practices fostered or imposed by foreign countries against other countries friendly to the United States or against any other U.S. persons. Prohibits any DOD prime contract in excess of the small purchase threshold from being awarded to any foreign person, company, or entity unless such entity certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel. Authorizes the Secretary to waive such prohibition in specific instances when necessary for national security, requiring notice to the Congress of each such waiver. Provides other exceptions to such prohibition. Authorizes the Secretary of the Army to employ as many professors, instructors, and lecturers at the Defense Language Institute Foreign Language Center as the Secretary considers necessary. Provides transition and savings provisions. Allows employees who moved after December 31, 1986, and before April 1, 1991, between different leave systems (appropriated vs. nonappropriated fund employment positions) to elect between the receipt of accrued leave or a lump-sum payment for such leave upon such transfer. Recognizes and grants a Federal charger to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia. Outlines objects and purposes, and prohibits discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entities the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Recognizes and grants a Federal charter to the Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of Colorado. Provides corporation objects and purposes, membership, and restrictions, including a prohibition against discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federa law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Authorizes the Secretary, during FY 1993 through 1995, to conduct a program to commemorate the 50th anniversary of World War II and to coordinate, support, and facilitate other such commemoration programs and activities of Federal, State, and local governments, as well as private persons. Provides funding for such activities from defense agencies operation and maintenance funds for such fiscal years. Establishes in the Treasury the Department of Defense 50th Anniversary of World War II Commemoration Account. Eliminates certain reporting requirements contained in Federal armed forces provisions and other specified Federal law. Authorizes the transfer of excess construction or fire equipment from DOD stocks to any foreign country or international organization prescribed under provisions of the Foreign Assistance Act of 1961 or the Arms Export Control Act, but only if: (1) no Federal department or agency other than DOD and no State submits a request for such equipment during a specified period; or (2) the President determines that the transfer is necessary in order to respond to an emergency for which the equipment is especially suited. Prohibits, with an exception, the use of funds appropriated or otherwise made available to DOD during FY 1992 for the construction or capitalization of specified military museums, or the renovation of a certain submarine for use by an Oregon museum. Authorizes the Secretary of the Army to award fellowships in military history to citizens and nationals of the United States who are graduate students in U.S. military history, have completed their doctoral requirements other than a dissertation, and agree to prepare a dissertation in an area of military history determined by the Secretary. Directs the Secretary of the Navy to transfer certain vessels to the Department of Transportation to be assigned as training ships to Texas A&M University and the Maine Maritime Academy. Repeals a Federal provision requiring the construction in a U.S. navy yard of the first and each succeeding alternate U.S. combatant and escort vessel. Provides for a method of liquidation of credits and liabilities of parties to cooperative military airlift agreements. Adds Japan and Korea to the list of countries eligible for such agreements. Amends the National Defense Authorization Act for Fiscal Year 1987 to authorize a general or flag officer grade for the commanders of the U.S. Southern Command and the U.S. Central Command. Makes permanent (currently expires as of September 30, 1992) the authority of the Secretary to pay the travel, subsistence, and other personal expenses of defense personnel of developing countries for their attendance at bilateral or regional cooperation conferences and programs. Subjects a person appointed as a judge of the U.S. Court of Military Appeals to the Federal Employees' Retirement System (FERS) as of the date of the appointment. Provides transition provisions for those judges who are currently subject to the Civil Service Retirement and Disability System (CSRS), allowing continued coverage (upon election) under CSRS or a refund under their former CSRS and election to be covered under FERS. Provides for deposit into the Thrift Savings Fund of a lump-sum payment representing the contribution difference required under the two plans. Designates as chief judge of the U.S. Court of Military Appeals the senior in commission among the judges who: (1) has served for one or more years as judge; and (2) has not previously served as chief judge. Provides for a chief judge term of five years, with a continuation of such term if there are no other judges eligible for chief judge at the end of such term. Provides for the early termination of such five-year term under certain circumstances. Provides transition provisions to cover the current chief judge. Revises the Uniform Code of Military Justice with respect to: (1) jurisdiction; (2) certain adjudications and postponements of sentences; and (3) offenses relating to the drunken or reckless operation of a vehicle, aircraft, or vessel. Directs the Secretary to establish the Civil-Military Cooperative Action Program under which the Secretary may use the skills, capabilities, and resources of the armed forces to assist civilian efforts to meet the domestic needs of the United States. Outlines Program objectives. Directs the Secretary to encourage the establishment of advisory councils on civil-military cooperation at the regional, State, and local levels, as appropriate, in order to obtain recommendations for projects and activities and guidance for the Program from persons who are familiar with regional, State, and local conditions and needs. Directs the Secretary to prescribe specified rules and regulations governing the provision of assistance under the Program. Authorizes the Chief of the National Guard Bureau, during FY 1993 through 1995, to conduct a pilot program to be known as the National Guard Civilian Youth Opportunities Program aimed at improving through military based training the life skills and employment potential of civilian youth who cease to attend secondary school before graduation. Requires the pilot program to be conducted at any ten of the States, Territories, Puerto Rico, or the District of Columbia. Outlines provisions concerning: (1) program agreements made between the Chief of the National Guard Bureau and a chosen jurisdiction; (2) authorized benefits for youth participants in the program; (3) the use of National Guard personnel at a chosen site for administrative, training, or support services for the program; (4) the use of National Guard equipment and facilities for the program; (5) the Federal employee status of participants in the program for purposes of certain laws and benefits; (6) program funding and supplemental funding by the Governor of the chosen jurisdictions; (7) a required report from the National Guard Chief after one year of the pilot program; and (8) an earmarking of specified funds for such program from FY 1993 DOD operation and maintenance funds. Directs the President to report to the Congress on the proposals of the Secretary General of the United Nations made in his report concerning preventive diplomacy, peacemaking, and peacekeeping. Mandates that no funds are authorized to be appropriated under this Act for the Federal Bureau of Investigation. Title XI: Demilitarization of the Former Soviet Union - Subtitle A: Short Title - Names this title the Former Soviet Union Demilitarization Act of 1992. Subtitle B: Findings and Program Authority - Authorizes the President to establish and conduct programs to assist in the demilitarization of the independent states of the former Soviet Union. States that such programs shall include the transportation, storage, safeguarding, disabling, and destruction of weapons of mass destruction, as well as the conversion of weapons-related scientific expertise, technologies, and capabilities into appropriate civilian activities. Prohibits any such U.S. assistance unless the President certifies to the Congress that the recipient state of the former Soviet Union is committed to destroying its weapons of mass destruction, forgoing any nuclear weapons or military modernization programs, and facilitating U.S. verification of any weapons destruction carried out. Subtitle C: Administrative and Funding Authorities - Provides funding for the Soviet demilitarization program through funds authorized to be transferred under this Act as well as an extension of the authorization of appropriations for such purpose under the Soviet Nuclear Threat Reduction Act of 1991. Subtitle D: Reporting Requirements - Requires the President to report to the Congress at least 15 days in advance of each proposed obligation of funds for the Soviet demilitarization program. Directs the President to report quarterly to the Congress on all such activities carried out in the previous quarter.
Bill· SS. 3136 (102nd)open
United States · United States Congress · 6 August 1992
National Defense Multiyear Authorization Act of 1992 Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Funding Authorizations - Authorizes appropriations to the Army, Navy, Marine Corps, and Air Force for FY 1993 for: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes the Secretary of the Navy to transfer certain prior-year unobligated shipbuilding and conversion balances to the FY 1993 shipbuilding and conversion funds. Authorizes appropriations for FY 1993 for: (1) the defense agencies; (2) the Defense Inspector General; (3) the reserves and National Guard; and (4) the chemical demilitarization program. Subtitle B: Army Programs - Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which authorized appropriations for the development of the Apache helicopter program. Authorizes the use of funds received from the sales of tanks, infantry vehicles, or armored personnel carriers by the United States under the Arms Export Control Act during FY 1990 and 1991 to upgrade such armored vehicles for fielding to the Army. Prohibits the Improved Chemical Agent Monitor from being procured for the armed forces until the Secretary of the Army completes certain testing and congressional notification with respect to such program. Subtitle C: Navy Programs - Earmarks funds from this Act for shipbuilding and conversion for specified replacement, overhaul, and conversion programs within the Navy, with a limitation with respect to advanced procurement for the aircraft carrier replacement program. Prohibits the use of funds made available by this Act or otherwise for FY 1993 from being used for: (1) a certain electronic warfare system and the Airborne Self Protection Jammer, until their operational suitability has been determined; and (2) the AV-8B radar upgrade program. Allows for the modification of F-14 aircraft, with limitations as provided in appropriation Acts. Directs the Secretary of Defense (Secretary) to report to the Congress with respect to procurement of strategic sealift. Subtitle D: Air Force Programs - Earmarks specified funds made available by this Act for Air Force procurement for the C-17 aircraft program, with certain requirements to be met by the Secretary and the Secretary of the Air Force before such sums may be obligated. Requires the Secretary to report to the Senate and House Armed Services Committees (the defense committees) with respect to an initiative to maintain control over costs, contractor performance, and management performance within the C-17 aircraft program. Provides additional funding for such program, with limitations. Requires the Secretary to make certain certifications to the defense committees with respect to the correction of fuel leaks on C-17 production aircraft. Authorizes the Secretary of the Air Force to sell components or other material procured during FY 1990 through 1992 for advance procurement for F-16 aircraft and use such proceeds for procurement of spare parts and support equipment for such aircraft. Subtitle E: Defense Agency Programs - Earmarks specified funds made available by this Act for defense agency procurement as funding for certain tactical intelligence programs, with limitations. Requires operational test and evaluation and survivability testing of certain helicopter programs to be completed prior to their release for operational use. Subtitle F: Strategic Programs - Prohibits the obligation of funds for the advance procurement of Trident II missiles until a certain cost savings report has been submitted to the defense committees. Directs the Secretary to prepare and implement a plan for testing the survivability and operational effectiveness of nonstealth heavy bombers against potential targets, as well as defenses that such bombers might encounter during conventional conflicts during the next 20 years. Requires a report. Prohibits the Secretary from obligating funds for the procurement of the CORE electronic countermeasures system until such report is received and the Secretary makes certain certifications to the defense committees with respect to the operational suitability and effectiveness of such system. Earmarks specified Air Force procurement funds under this Act for procurement for the B-2 bomber aircraft program, limiting the deployment of such aircraft to 20 plus one test aircraft. Limits the obligation of funds for such aircraft until the Secretary has made certain reports and certifications to the defense committees with respect to the performance and survivability assessment of such aircraft, as well as total costs. Directs the Secretary to develop, and report to the defense committees on, a strategy for achieving substantial reductions in the cost of developing, acquiring, and supporting space systems operated by the Department of Defense (DOD). Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through October 1, 1993, the deadline for a study and report by the Secretary concerning the Ground Wave Emergency Network. Subtitle G: Chemical Demilitarization Program - Amends the Department of Defense Authorization Act, 1986 to extend through December 31, 2004, the deadline for the elimination by DOD of the existing stockpile of lethal chemical agents and munitions. Directs the Secretary of the Army to report to the Congress on the potential alternatives to the use of the Army's baseline disassembly and incineration process for the disposal of such agents and munitions. Prohibits the Army from carrying out any site preparation for such disassembly or incineration until such report is received, with exceptions. Requires the Secretary of the Army to report to the Congress on the Army's plans for destroying all chemical warfare material that would be required to be destroyed if the United States became a party to a chemical weapons convention (a group of countries requiring the destruction by its members of specified binary chemical weapons and munitions). Directs the Secretary of the Army to report to the Congress on the physical and chemical integrity of the existing chemical weapons that are contained in U.S. chemical weapons stockpiles and stored within eight chemical weapons storage sites within the United States. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorizations - Authorizes appropriations for FY 1993 for the armed forces, the defense agencies, the Deputy Director of Defense Research and Engineering, and the Director of Operational Test and Evaluation for research, development, test, and evaluation (R&D). Earmarks specified amounts of such authorization for: (1) basic research and exploratory development projects; (2) manufacturing technology development; and (3) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Sets forth program requirements, restrictions, or limitations with respect to the V-22 Osprey aircraft program. Directs the Commandant of the Marine Corps to report to the defense committees on the crash of such aircraft prototype that occurred on July 20, 1992. Limits to 50 percent the available FY 1993 authorized funds for such aircraft until such report is received. Earmarks specified FY 1993 R&D funds for R&D in connection with the special operations variant of such aircraft. Directs the Secretary to specify in the FY 1994 defense budget a separate program element for electronic warfare programs involving ship self-defense. Subtitle C: Missile Defense Program - Amends the Missile Defense Act of 1991 to revise provisions concerning the implementation of the U.S. goal of deploying an antiballistic missile system capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles. Directs the Secretary to transfer management and budget responsibility for R&D of all far-term follow-on technologies with respect to missile defense technology from the Strategic Defense Initiative Organization to the Defense Advanced Research Projects Agency (DARPA) or the appropriate military department, unless he determines and certifies to the Congress that transfer of a particular technology currently under the Organization would not be in the national security interests. Removes the current reference to the goal of the establishment of capable theater missile defense systems by FY 1996, while limiting R&D of follow-on technologies for such systems to those not likely to be incorporated into weapons within ten to 15 years after the date of enactment of such Act (December 5, 1991). Earmarks for obligation to the Strategic Defense Initiative (SDI) specified amounts of the total amount appropriated or made available to DOD for FY 1993. Earmarks such amounts to specific program elements of SDI. Authorizes the Secretary to transfer such specified amounts among the program elements, with limitations. Requires the Secretary to report to the defense committees on the allocation of funds appropriated for SDI for FY 1993. Places certain limitations on the obligation or expenditure of FY 1993 DOD funds for the development or testing of antiballistic missile systems or components, or the acquisition of material or equipment required for such development or testing. Subtitle D: Other Matters - Earmarks specified FY 1993 DOD R&D funds for the medical component of the Biological Defense Research Program of DOD, with limitations. Title III: Operation and Maintenance - Subtitle A: Authorizations of Appropriations - Authorizes appropriations for FY 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserve components of the armed forces, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, humanitarian assistance, the Defense Health Program, and support for the 1996 summer Olympics, the 1993 World University Games, and the 1994 World Cup Games. Authorizes appropriations for FY 1993 for working capital funds of the armed forces and the defense agencies. Authorizes appropriations for FY 1993 from the Armed Forces Retirement Home Trust Fund for the operation of the Armed Forces Retirement Home. States that funds authorized under this Act for humanitarian assistance shall be used to provide transportation for humanitarian relief for the people of Afghanistan and Cambodia, and for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Earmarks specified sums for noncombatants at or near the border between Thailand and Cambodia. Authorizes the Secretary to transfer specified sums to the Secretary of State for FY 1993 for providing such humanitarian assistance, requiring the Secretary of State to use the most economical commercial or military transportation possible. Requires the Secretary of Defense to report to specified congressional committees on specified dates on the provision of such assistance. Requires the Secretary to notify specified congressional committees on his intention to transport humanitarian relief to a country to which such transportation has not been specifically authorized by law. Authorizes the Secretary to provide logistical support and personnel services in connection with the 1994 World Cup Games, with a limitation. Authorizes the Secretary to transfer funds from the Defense Business Operations Fund and the National Defense Stockpile Transaction Fund to appropriations for operation and maintenance for FY 1993, with specified amounts earmarked to each military department. Subtitle B: Environmental Provisions - Requires the Director of the Defense Logistics Agency to evaluate, and report to the defense committees on, the use of class I substances (chlorofluorocarbons and halons) by the military departments and defense agencies. Prohibits any DOD contract awarded, modified, amended, or extended after June 1, 1993, from including a specification or standard that requires the use of an ozone-depleting substance unless the specification or standard is approved by the senior acquisition official for the procurement covered by the contract because a suitable substitute for such ozone-depleting substance is not currently available. Requires certain action to be taken by an official granting such an approval, including reports to the Secretary and notifications to the defense committees. Authorizes the Secretary to reimburse a contractor for reasonable costs incurred in providing a substitute for an ozone-depleting substance in the awarded contract. States that environmental restoration activities at current and former military installations shall be deemed to be functions that facilitate the national defense. Requires the Secretary of a military department to ensure that contracts entered into by such Secretary for environmental restoration activities at a current or former military installation provide for the military department and the contractor to share the risk of liability resulting from such restoration activities. Provides for contracting implementation of such risk-sharing requirement. Directs the Secretary to report to the defense committees on its implementation. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide that, in the case of real property owned by the United States that is part of a military installation to be closed, the head of the department or agency with jurisdiction over such property shall identify the real property on which neither hazardous substances nor petroleum products or its derivatives were stored for one year or more, are known to have been released, or were disposed of. Outlines identification procedures and deadlines. Requires a deed for the transfer or sale of such identified property to contain a covenant stating that any corrective action found to be necessary from the presence of hazardous substances or petroleum products on such property shall be conducted by the United States, with access to such property to take such corrective action as necessary. Requires the appropriate agency or department head having jurisdiction over a property used as a military facility on which any hazardous substance or petroleum product or its derivatives was stored for one year or more, is known to have been released, or was disposed of, and on which the United States plans to terminate military operations, to notify the State in which such property is located of any lease entered into by the United States that will encumber the property beyond the date of termination of operations on such property. Directs the Secretary to defend, indemnify, and hold harmless any State, political subdivision, or person that acquires ownership or control of a facility of a military installation against any actions arising out of the release or threatened release of any hazardous substance or pollutant or contaminant as a result of DOD activities at any military installation that is closed pursuant to a base closure law, unless such entity or person caused or contributed to such release or threatened release. Prohibits the use of FY 1993 environmental restoration funds for the payment of fines or penalties unless the act or omission for which the fine or penalty is imposed arises out of activities funded by those funds. Includes environmental restoration contracts of DOD (currently only R&D contracts) within provisions providing contractor indemnification for claims from an unusually hazardous risk taken by the contractor in fulfilling such contract. Amends CERCLA and other Federal law to extend through December 31, 1995, the authority to issue contractor surety bonds for the performance of environmental response actions in connection with certain defense environmental programs. Prohibits funds appropriated or otherwise made available to DOD for FY 1993 from being used to purchase surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD. Establishes the Legacy Fellowship Program in Natural and Cultural Resource Management (Program) to provide training to civilian and military personnel in the management of natural and cultural resources. Requires at least three fellows to be appointed for participation in such Program. Provides Program funding from FY 1993 DOD authorizations. Authorizes supplemental appropriations for FY 1992 and 1993 for environmental restoration, defense, and the Department of Defense Base Closure Account 1990. Subtitle C: Defense Economic Diversification, Conversion, and Stabilization - Amends the Defense Economic Diversification, Conversion, and Stabilization Act of 1990 to require the Secretary of Defense to be chairman of the Economic Adjustment Committee. (Currently, such chairmanship rotates between the Secretaries of Defense, Commerce, and Labor on a yearly basis.) Directs the Chairman to establish an Executive Council of such Committee to develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to them under programs administered by the Departments of Defense, Commerce, and Labor and the Small Business Administration (SBA). Requires notification to be provided to affected communities, businesses, and workers with respect to the lack of any follow-on contracts or other defense-related contract activity. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authorization of appropriations for certain defense stabilization activities outlined under such Act. Provides an identical extension under such Act with respect to defense conversion adjustment. Directs the Secretary, in consultation with the Secretary of Education, to provide financial assistance to local educational agencies (LEAs) if, without such assistance, such LEA will be unable to provide students in schools of such LEA with a level of education that is equivalent to the minimum level of education available in the schools of the other LEAs in the same State. Outlines additional eligibility requirements. Directs the Secretary, in assisting communities in making adjustments resulting from reductions in the size of the armed forces, to transfer to the Secretary of Education funds to make payments to LEAs that are entitled to receive educational benefits for children of persons who reside or work on Federal property, who are on active duty in the armed forces, or who are refugees. Directs the Secretary to report to the Congress on the LEAs affected by the closures and realignments of military installations and by redeployments of members of the armed forces. Provides funding for such payments to eligible LEAs through FY 1993 DOD operation and maintenance authorizations. Subtitle D: Department of Defense Civilian Personnel Transition Initiatives - Requires the Secretary of the military department concerned, if such Secretary separates an employee from employment under a reduction in force and within two years after such separation seeks to employ a person for that same position or a position in the same competitive area, to first offer the separated employee such position, and to not employ a contract or temporary employee in the position. Requires the Secretary concerned, in seeking to reemploy separated employees but not in a sufficient number to reemploy all such employees, to offer reemployment on the basis of seniority in Federal service. Directs the Office of Personnel Management (OPM) to establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency (except the General Accounting Office and agencies conducting intelligence activities) that are to be filled by appointments for more than one year and for which applications are being accepted from outside the agency work force. Requires such list to be available to the public. Requires the Director of OPM to begin providing such information by toll-free telephone within 120 days after enactment of this Act. Requires an agency, in filling a vacant position for which a qualified displaced employee (a current or former DOD employee notified of termination or separated from employment due to a reduction in force) has properly applied, to give full consideration to such application before selecting any applicant from outside the agency for the position. Provides such preference for 12 months after notice or separation. Requires certain notification to be given, in the case of employees released from employment due to a reduction in force: (1) to the employee; (2) to his or her collective bargaining representative; and (3) if the reduction involves a significant number of employees, to the appropriate State dislocated worker unit and the chief official of the local government concerned. Authorizes the President to shorten the otherwise-required 60-day period of advance notification of such reductions in force because of circumstances not reasonably foreseeable. Amends the Defense Base Closure and Realignment Act of 1990 to provide that the date of notice of termination of employment of an employee of a military installation being closed or realigned under a base closure law (for purposes of determining eligibility for defense conversion adjustment assistance under the Job Training Partnership Act) shall, unless actual notice of termination is given, be 12 months before the closure or realignment is completed. Makes an identical amendment to the Defense Authorization Amendments and Base Closure and Realignment Act. Authorizes the Secretary concerned to pay a civilian employee having been employed for a continuous period of at least 12 months a separation benefit if such employee separates voluntarily from employment by either resignation or retirement. Outlines administrative provisions concerning the payment of such separation benefit, and prohibits such payment for a separation occurring after December 31, 1997. Restores certain leave of a Federal civilian employee of a military installation during the closure of such installation between October 1, 1992, and December 31, 1997. Requires certain reports. Provides for the continuation of certain Federal employee health benefits if the basis for such continuation of coverage is involuntary separation from a DOD position due to a reduction in force, limiting the individual to payments of no more than the required employee contributions for such coverage. Applies Thrift Savings Plan and Civil Service Retirement System benefits to employees (and their spouses) separated from service due to a reduction in force. Authorizes the Secretary and the Secretaries of the military departments to provide up to one year of training to civilian DOD employees who are separated from employment as a result of a reduction in force or the closure or realignment of a military installation. Allows such training between October 1, 1992, and September 30, 1995. Directs the Secretary to publish a register of the skill training programs carried out by DOD. Subtitle E: Other Matters - Extends through April 15, 1994, the authorized period of management by the Secretary of the Defense Business Operations Fund (DBOF). Limits the obligations authorized to be incurred by the Secretary in FY 1993 against the supply management divisions of the DBOF, with an exception when determined critical to U.S. national security. Extends through FY 1994 a required annual report from the Secretary concerning the security and control of DOD supplies. Adds to the information required in such report. Repeals a Federal provision requiring the Secretary to establish guidelines for reductions in the number of civilian DOD employees employed by industrial- or commercial-type activities. Directs the Secretary of the Army to provide for: (1) the operation and maintenance of indoor and outdoor rifle ranges; (2) the instruction of U.S. citizens in marksmanship and the employment of appropriate instructors; (3) the maintenance and management of matches or competitions in the use of such arms and the issue of necessary supplies; (4) the award of trophies; (5) the loan or sale of rifles and their ammunition and related equipment; and (6) the maintenance of the National Board for the Promotion of Rifle Practice. Authorizes such Secretary to issue for use in training and competition certain ammunition to qualifying gun clubs. Provides that amounts collected by such Secretary in the sale of guns and related supplies and ammunition shall be used to support the Civilian Marksmanship Program. Authorizes appropriations. Requires all rifle ranges constructed in whole or in part with funds provided by the United States to be used by members of the armed forces and persons capable of bearing arms. Authorizes the Secretary concerned to establish reasonable fees for use by civilians of a rifle range located on a military installation, to cover material and supply costs. Requires such fees collected to be used to maintain such rifle range. Prohibits civilian use of such range from interfering with any required military use. Provides for the payment of certain expenses of members of the armed forces competing at matches or competitions or attending small-arms firing schools. Allows funds authorized under this Act for operation and maintenance to be used to purchase items not exceeding $100,000 for each item. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal a requirement for a competition pilot program for the depot-level maintenance of materials. Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to provide optional summer school programs in the defense dependents' education system. Directs the Secretary to review the practices and procedures of the military departments regarding the use of civilian airfields in flight training activities of the armed forces, giving special consideration to airfields located in heavily populated areas. Directs the Secretary to sell to South Korea all or any part of obsolete ammunition in DOD inventory which is intended for use as reserve stocks for Korea and is located in a stockpile in South Korea on the date of enactment of this Act. Authorizes the Secretary to acquire logistic support, supplies, and services for elements of the armed forces deployed outside of the United States (currently, deployed in Europe and adjacent waters). Excepts a period of active hostilities involving the armed forces (currently, NATO) from a provision concerning the liabilities that may be accrued by the United States for the acquisition of supplies. Directs the Secretary of a military department or the head of a defense agency, when cost effective, to provide a preference for the procurement of the most energy efficient equipment available that meets the needs or requirements for the procurement. Directs the Secretary, using 50 DOD facilities, to conduct demonstration programs for using energy efficient lighting equipment and energy efficient refrigeration equipment. Requires audits. Requires facility designations and audit completions by specified dates. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Authorizes the Secretary to waive an end strength when considered necessary to prevent personnel imbalances that would impair long-term combat readiness. Authorizes the Secretary to transfer certain amounts appropriated to DOD under this Act in order to prevent involuntary separations that would otherwise be necessary to reduce the size of an armed force to within the authorized end strength. Requires the Secretary to promptly notify the Congress of any such transfers. Authorizes the Secretary to adjust end strengths in the national interest, with limitations to such adjustments for both active-duty and reserve forces. Repeals specified provisions of the National Defense Authorization Act for Fiscal Year 1991 and the National Defense Authorization Act for Fiscal Years 1992 and 1993 which limit reductions in the number of DOD medical personnel. Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to designate up to eight general and flag officer positions within joint duty requirements for exclusion from limitations on the end strengths for general and flag officers on active duty. Subtitle B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Allows such end strengths to be reduced in proportion to the total amount of reserve members on active duty, with a proportionate increase when such personnel return to reserve duty. Prohibits, with specified exceptions, any unit of the Selected Reserve from being inactivated during FY 1993. Requires the Secretary to provide the defense committees with the rationale for any unit inactivation sought. Authorizes end strengths for FY 1993 for reserve personnel serving on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Authorizes the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act. Subtitle D: Funding Authorization - Authorizes appropriations for FY 1993 for the use of the armed forces for military personnel. Title V: Military Personnel Policy - Subtitle A: Reserve Component Matters - Directs the Secretary to ensure that, by the end of FY 1993, a specified number of active Army combat support positions are transferred to the reserve components of the Army. Prohibits the Secretary from reducing the number of Army National Guard or Army Reserve medical personnel below the number existing on September 30, 1992. Extends through FY 1993 certain reserve officer management programs. Prohibits former Army or Air Force reserve officers from being reenlisted if: (1) the person was discharged or released from active duty as a reserve on the basis of misconduct, moral or professional dereliction, duty performance below prescribed standards, or retention being inconsistent with national security; or (2) the person's former enlisted status and grade was based solely on the participation in a precommissioning program that resulted in the reserve commission held by such person before release or discharge. Subtitle B: Services Academies - Prohibits the use of funds appropriated to DOD to support the assignment of more than one general officer to permanent duty at the United States Military Academy and at the United States Air Force Academy or to support the assignment of any general officer in a grade above general to permanent duty at either Academy. Provides a transition provision. Allows the Chairman of the JCS to waive such prohibition to meet unsatisfied requirements for general officer joint duty positions. Directs the Secretary to report to the defense committees a plan for implementing certain recommendations reported by the Comptroller General regarding military preparatory schools. Directs the Secretary to recommend to the defense committees legislation for: (1) establishing an equal number of civilian and military faculty members at the U.S. Military Academy and the U.S. Air Force Academy; and (2) phasing out the assignment of military personnel as permanent professors at those academies. Prohibits funds appropriated to DOD from being used to support the assignment of enlisted personnel for permanent duty in a military band for any service academy band. Prohibits funds made available for pay of military personnel from being used to pay for noninstructional positions at the service academies not certified by the DOD Inspector General as being directly involved in the administration of the faculty or students or in the maintenance of facilities or equipment. Requires each service academy to be under the supervision and control of the commander of the major Army, Navy, or Air Force command having jurisdiction over that department's officer training program. Subtitle C: Officer Personnel Policy - Directs the Secretary to report to the defense committees on the plans of the military departments for the procurement of officer personnel during each of FY 1993 through 1997. Requires a related report on planned officer assignments for commissioned officers who begin their obligated active duty service during such fiscal years. Directs the Secretary to provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each department and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system. Requires a report and provides funding. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to require the conduct of test assignments of female members of each armed force to duty in combat aircraft. Revises provisions concerning selective early retirement to authorize the Secretary concerned to submit to an early retirement selection board the names of all eligible officers who are also in particular year groups, specialties, or retirement categories, or any combination thereof within that competitive category. Provides for the retirement of certain limited duty Navy captains and commanders who have failed twice for promotion to the following grade. Limits the duration of a deferred retirement for such limited duty Navy officers. Subtitle D: Active Forces Transition Enhancements - Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations. Directs the Secretary to: (1) develop proposed uniform standards and procedures for the granting of appropriate credit for service in the armed forces under State teacher certification or licensing procedures; and (2) coordinate with appropriate State agencies the incorporation of such standards and procedures into such State's certification or licensing requirements. Authorizes the Secretary to delegate his responsibilities to the Secretary of Education. Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements, and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995. Authorizes the Secretary concerned, upon the member's request, to grant an early retirement to regular or reserve commissioned officers in their respective military departments who have served between 15 and 20 years, as long as such members agree to register on the public or community service registry maintained under this Act by the Secretary and receive counseling regarding such job opportunities. Provides for the computation of the retired pay of members so retired, and provides funding for the implementation of such early retirement. Terminates such authority on October 1, 1995. Provides that if a member so retired is actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service which includes the years of public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for the purpose of payment of survivor annuities. Allows active-duty personnel who are voluntarily discharged or released from the armed forces, who have completed a program of education leading to a standard college degree, and who previously made an election while on active duty not to participate in the Montgomery GI Bill educational assistance program to withdraw such election within 90 days after discharge or release and participate in the program. Requires a $1,200 payment to the Secretary of Veterans Affairs by such individuals for participation in the program. Provides that, except for annual training or active duty for training of 30 days or less, a reserve member entitled to voluntary separation incentive payments who is also entitled to basic pay for active service shall forfeit an amount of voluntary separation incentive pay which is equal to the total amount of basic pay received during such concurrent periods. Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty. Directs the Secretary and the Director of OPM to jointly carry out a program to provide eligible persons with temporary health benefits under the program of continued health coverage provided for former civilian employees of the Government. Makes eligible for such continued coverage members who were voluntarily or involuntarily discharged or released from active duty under other than adverse conditions, were entitled to medical and dental care prior to such discharge or release, and would not otherwise be eligible for such benefits after such discharge or release and any applicable period of transitional health care. Outlines provisions concerning: (1) notification by the Director of eligibility; (2) election by the member to receive such continued benefits; (3) coverage of dependents; (4) charges for such coverage, to be paid into the Employees Health Benefits Fund; (5) contributions into such Fund by the Secretary in the case of coverage for a member involuntarily discharged; (6) the period of continued coverage; (7) transitional provisions; and (8) termination of other health conversion policies upon election of coverage under the above health benefits continuation program. Subtitle E: Guard and Reserve Transition Initiatives - Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction transition period (period), no unit in the Selected Reserve may be inactivated and no such member may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly, with respect to their service to their country, and with attention to the adverse personal consequences of unit deactivation or involuntary discharges or transfers. States that the protections afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay. Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length of such annual payments as well as its computation. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides funding. Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date and before October 1, 1995, has completed at least 15 years of service and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and are involuntarily discharged or transferred from the Selected Reserve. Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the period. Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for one year after such cessation or one year after the enactment of this Act, whichever is later. Increases from 120 to 365 days after the involuntary termination as a member of the Selected Reserve the period during which continued coverage under Servicemen's Group Life Insurance will be provided, as long as such member is able to fulfill certain other requirements for eligibility for such insurance. Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of the service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions. Subtitle F: Other Matters - Provides for retention on active duty until the completion of 20 retirement-eligible years of service for certain enlisted regular and reserve members who have completed at least 18, but less than 20 years of such creditable service. Reduces from 300 to 240 the authorized number of enlisted personnel to be assigned to duty at any one time as enlisted aides. Allows the assignment as an enlisted aide to the personal staff of an officer only if such officer is a commander. Limits the authorized amount of FY 1993 DOD funds that may be expended for the costs of permanent changes of station. Reduces the number of personnel authorized to carry out recruiting activities during FY 1994 to 90 percent of that authorized for FY 1992. Limits to 3,500 the total number of Junior Reserve Officers' Training Corps units that may be established and maintained by the military departments. Authorizes the Secretary concerned to pay the entire amount of such educational costs to an institution if the Secretary determines such to be in the national interest and the interest of the community of that institution. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives during FY 1993 a required pay increase for military personnel in conformity with the annual GS-level increase for the Federal Government. Increases by 3.7 percent the rates of basic pay, basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1993. Provides temporary rates of basic pay for the period after December 31, 1992, and before October 1, 1995, for certain noncommissioned officers and warrant officers and for certain colonels and Navy captains. Extends through FY 1993: (1) the enlistment and reenlistment bonus for members possessing critical skills; (2) the aviator retention bonus; (3) the bonuses for reserve enlistments, reenlistments, affiliations and extensions; (4) the special pay authority for enlisted members of the Selected Reserve assigned to high priority units; (5) the period for repayment of education loans for certain health professionals who serve in the Selected Reserve; (6) the accession bonus for registered nurses; (7) the nurse candidate accession program; and (8) the special pay for nurse anesthetists. Subtitle B: Other Matters - Directs the Secretary to report to the defense committees the Secretary's recommendations for legislation permitting the concurrent payment to members and former members of the armed forces of full military retirement benefits and full compensation for service-connected disabilities payable under laws administered by the Secretary of Veterans Affairs. Directs the Secretary to reserve in a DOD contingency fund a sufficient amount to ensure such concurrent payments in FY 1994 if such legislation is enacted. Expands the expenses considered reimbursable under a DOD adoption expenses programs covering members adopting a child under 18 years of age to include expenses relating to pregnancy and childbirth for the biological mother, and temporary foster care charges when payment of such charges is required immediately before the child's placement. Includes transportation expenses relating to the adoption, with exceptions. Makes identical expansions under the Coast Guard adoption expenses coverage program. Prohibits any person from having any lien on baggage and household goods being transported for military personnel at Government expense or on a motor vehicle being so transported. Authorizes the payment of an advance of pay of up to two months' basic pay to a member on duty outside the United States or other place designated by the President if the member or his or her dependents are ordered to be evacuated by competent authority. Provides an increase in a recomputed retirement pay for certain enlisted members credited with extraordinary heroism in the line of duty during a period of active service. Includes certain travel and transportation allowances within the benefits authorized under the special separation benefits program (a program of voluntary separation from the armed forces in return for the receipt of certain benefits). Authorizes the payment of retired pay for a person who, before August 16, 1945, was a member of the reserves, if such person performed at least 20 years of retirement-creditable service. Excludes certain service before such date in the computation of retirement-creditable service. Provides a subsistence for expenses incurred by a member of the armed forces while performing duties as an escort of an arms control inspection team of a foreign country while the team is engaged in activities relating to the implementation of an arms control treaty or agreement. Title VII: Health Care Provisions - Authorizes a chiropractor who is qualified under regulations prescribed by the Secretary of the military department concerned to be appointed as a regular commissioned officer in the Army Medical Service Corps, the Navy Medical Corps, or in the Air Force for designation as a chiropractic officer. Revises the dependents' dental program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) by: (1) repealing the authority for the provision of a supplemental dental benefits plan for spouses and children of active-duty personnel; (2) increasing to up to $20 monthly (currently $10) the member premium for such coverage; (3) expanding such coverage to include orthodontic services, crowns, gold fillings, bridges, and complete or partial dentures; (4) requiring a percentage payment as determined appropriate by the Secretary for the services provided under such expanded coverage; and (5) directing the Secretary to devise and implement a program for the improvement of the provision of dental benefits to such members' dependents. Expresses the sense of the Congress that members of the armed forces, and their dependents and survivors, should have access to health care under the health care delivery system of the armed forces regardless of age or health care status. Outlines specified action to be taken under a comprehensive managed health care plan for such individuals by the Secretaries of Defense, Health and Human Services, and Transportation. Directs the Secretary to establish a joint services working group on the provision of military health care to persons who rely for health care on health care facilities at military installations being closed or realigned. Requires the working group to solicit views from those affected by such closures or realignments regarding suitable substitutes for such care. Requires the working group to recommend to the Congress and the Secretary alternative means of providing accessible health care to such individuals. Directs the Secretary to: (1) establish a program that permits eligible individuals to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under CHAMPUS; and (2) conduct the program in two or more regions, each region consisting of two or more States. Defines as persons eligible for such program any person entitled to medical care under a CHAMPUS contract, or a person over 65 years of age and living in an area affected by the closure of a health care facility as a result of the closure or realignment of a military installation at which the facility is located. Requires: (1) a fee to be charged individuals for the pharmaceuticals; and (2) a report. Directs the Secretaries of Defense, Health and Human Services, and Transportation to conduct annually a formal survey of CHAMPUS beneficiaries with regard to the availability of, familiarity with, and effectiveness of, such health care system. Reduces from $10,000 to $7,500 the maximum yearly cost of CHAMPUS health care required to be paid by a former member of the armed forces or an individual or family of two or more persons, effective as of FY 1993. Includes certain renal disease patients under Medicare coverage under an exception authorizing the continuation of concurrent CHAMPUS coverage for such patients. Applies such concurrent coverage with respect to health care benefits or services received after FY 1991 if such benefits would have been covered under a plan contracted for under CHAMPUS. Allows home health services and other services in connection with extraordinary physical or psychological conditions to be provided through CHAMPUS only through a program of individualized case management established by the Secretary and in a manner determined to be cost-effective and appropriate. Directs the Secretary and the Secretary of Health and Human Services (HHS) to jointly conduct a demonstration project that provides for the Secretary of HHS to reimburse DOD for health care services furnished to Medicare-eligible persons at a DOD health care facility. Requires amounts reimbursed to be used at that facility for the furnishing and expansion of health care services. Requires a report. Directs the Secretary to: (1) conduct a study of the feasibility and advisability of entering into risk-sharing contracts with health care organizations to furnish health care services to person entitled to such care in a military health care facility; (2) if determined feasible, develop a plan for entering into such contracts; and (3) report study results to the Congress. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to undertake a comprehensive review of the Federal employees health benefits program in order to determine whether furnishing health care under a similar program to CHAMPUS-eligible persons would be more efficient and cost-effective. Directs the Secretary to provide by contract for the operation of a health claims processing center to be known as the National Centralized Claims Processing System for CHAMPUS (Center). Requires: (1) the Center to commence operations within five years after enactment of this Act; and (2) competitive procedures for entering into such a contract. Outlines Center information collection, storage, and processing activities. Requires claims submitted to conform to requirements applicable to claims submitted under part A of Medicare. Requires the Secretary to determine whether the use of a standard identification card containing electronically readable information will enhance the capabilities of the Center. Directs the Secretary, during FY 1993 through 1996, to continue to test a broad array of reform options for furnishing health care to eligible persons under the CHAMPUS health care reform initiative. Directs the Secretary to ensure that a replacement or successor contract for the CHAMPUS Reform Initiative contract applicable for California and Hawaii is awarded in time to begin provision of health care there under the new contract by August 1, 1993. Directs the Secretary to provide by contract for a person outside the Government to perform an evaluation of the conduct of the CHAMPUS Reform Initiative in California and Hawaii, and to report evaluation results to the Secretary and the Congress. Directs the Secretary to modify the Policy Guidelines on the Department of Defense Coordinated Care Program to provide covered beneficiaries with additional positive incentives to enroll in the DOD coordinated care program. Directs the Secretary, as part of such incentive review, to consider the extent to which covered beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval. Prohibits the Secretary from denying access to military treatment facilities to those not enrolled in the program, while allowing the Secretary to establish reasonable admission preferences for those enrolled in the program as an incentive to encourage enrollment. Excludes certain unmarried incapacitated legitimate children of members or former members of the armed forces from CHAMPUS coverage. Entitles a member of the armed forces who is on duty at a station outside the United States (and any accompanying dependent) to the provision of any reproductive health service in a military medical facility outside of the United States serving that duty station in the same manner as any other type of medical care. Requires the member to pay the full cost of receiving such care. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Defense Conversion Policy for the National Defense Technology and Industrial Base - Sets forth provisions concerning the National Defense Technology and Industrial Base (NDTIB). Outlines NDTIB policy objectives and how they relate to defense conversion and civil-military integration objectives. Establishes the National Defense Technology and Industrial Base Council (Council) to provide overall policy guidance and direction to the military departments and defense agencies concerning: (1) the capabilities of the NDTIB to meet U.S. national security objectives; (2) programs for achieving the defense conversion objectives set forth; and (3) changes in acquisition policy that would strengthen the NDTIB. Directs the Council to prepare a comprehensive annual assessment of the NDTIB to achieve its stated objectives. Requires each assessment to include a sector (technology or industry) capability analysis containing specified information with respect to its ability to achieve the stated objectives. Outlines factors concerning foreign dependency on raw materials, systems, equipment, and facilities to be addressed in each assessment. Requires each such assessment to also include: (1) an analysis of the present and projected financial condition of each sector for specified periods; (2) an analysis of the impact of the terminations and significant reductions of major R&D programs and procurement programs of DOD on the capability of each sector to achieve its objectives; (3) a critical technology analysis that identifies the product and process technologies that are most critical for attaining the technology and industrial base objectives; and (4) an analysis of each sector's viability in light of defense and nondefense expenditures, integration with the commercial marketplace, and production. Directs the Council to prepare an annual plan for ensuring that the policies and programs of DOD, the Department of Energy (DOE), and other Federal departments and agencies are planned, coordinated, funded, and implemented in a manner which achieves policy objectives. Requires each plan to provide specific guidance, including goals, milestones, and priorities, with respect to: (1) sector viability; (2) manufacturing technology; (3) critical technologies; (4) integrated financing; (5) civil-military integration; (6) defense conversion; (7) technology and industrial base work force; (8) major program acquisition; and (9) acquisition reform. Requires the plan to establish funding priorities for each area of guidance. Directs the Secretary to provide the annual plan to the Secretaries of the military departments and the heads of other affected elements of DOD. Directs the Secretaries of Energy and Commerce to provide such guidance to appropriate officials within their respective departments. Requires an annual report by the Secretary to the Congress on the plan and the NDTIB assessment prepared for that year. Directs the Council to establish a federally funded R&D center to be known as the National Defense Center for Analysis of the Technology and Industrial Base (NDC). Outlines NDC duties with respect to the NDTIB, including assembling of information, studies and analyses, provision of technical support and assistance, and dissemination of unclassified information gathered. Directs the Secretary to prescribe regulations requiring consideration of the NDTIB in the development and implementation of acquisition plans for each major defense acquisition program. Outlines required contents of such acquisition plans, implementation provisions, and required dates for annual assessments of such plans. Requires the Council to establish the NDC within six months after enactment of this Act. Sets forth provisions concerning dual-use technologies (technologies having both commercial and military applications). Directs the Secretary to conduct a program providing for the establishment of cooperative arrangements (partnerships) between DOD and certain non-DOD entities (nonprofit research corporations, Federal laboratories, institutions of higher education, agencies of State governments, and other entities showing support for such work) in order to encourage and provide for research, development, and application of technologies to attain the NDTIB objectives. Limits partnership duration to five years. Provides 50 percent Federal funding of the partnership for the first year, reduced by ten percent each year of the partnership. Provides for consideration of in-kind contributions by non-Government participants in a partnership when determining the sharing of partnership costs. Requires competitive procedures to be used in the establishment of such partnerships. Outlines partnership selection criteria, and authorizes the Director of Defense Research and Engineering to perform the responsibilities of the Secretary under the partnerships. Renames the current critical technology application centers assistance program as the regional technology alliances assistance program. Provides funding for: (1) defense dual-use critical technology partnerships; (2) commercial-military integration partnerships; (3) defense regional technology alliances; and (4) the overseas critrical technology monitoring and assessment financial assistance program. Directs the Secretary to establish within his Office the Office of Technology Transition to ensure that technology developed for national security purposes is integrated into the private sector of the United States in order to enhance the NDTIB. Provides further duties of the Office, and requires the Secretary to report to the defense committees on Office activities. Requires such Office to commence operations within 180 days after enactment of this Act. Directs the Secretary to establish a National Defense Manufacturing Technology Program to: (1) provide centralized guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; (2) direct the development and implementation of DOD goals, plans, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment; (3) improve the quality and practices of businesses providing goods and services to DOD; (4) promote dual-use manufacturing processes; (5) disseminate to businesses information concerning improved manufacturing concepts; (6) enhance the skills of the manufacturing work force; and (7) ensure appropriate coordination between the manufacturing technology and industrial preparedness programs of DOD and similar programs undertaken by other Federal departments and agencies and the private sector. Requires the Secretary to revise the program on an annual basis. Authorizes the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the manufacturing technology program. Earmarks specified amounts authorized for R&D under this Act for: (1) defense advanced manufacturing technology partnerships; (2) manufacturing technology extension programs; and (3) defense manufacturing education programs. Sets forth provisions concerning miscellaneous technology base policies and programs. Directs the Secretary to establish a program to achieve the NDTIB objectives set forth under this Act by providing dual-use enhancement capability support to various nonprofit, public, and private organizations. Outlines services provided under the program. Provides Federal funding of such program of 50 percent in the first year, 40 percent in the second year, and 30 percent in the third and following years. Outlines criteria for the selection of a program to receive such assistance, including the extent to which the program advances and enhances the NDTIB objectives. Directs the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the dual-use assistance extension program. Provides program funding from funds authorized to be appropriated to DOD under this Act. Reorganizes various Federal provisions relating to the NDTIB, and repeals inconsistent provisions. Earmarks specified funds for FY 1993 and thereafter for research and R&D activities under the Small Business Innovation Research Program (SBIR). Limits the amounts paid to a small business concern by DOD under the SBIR. Directs the Secretary to develop and issue a strategy for effectuating the transition of successful projects under the SBIR from phase II to phase III of the program. Extends through FY 1999 the SBIR within DOD. Directs the Secretary, during FY 1993, to give priority in the allocation of specified funds, including SBIR funds, to programs, projects, and activities that provide significant assistance for converting the capabilities of businesses that are economically dependent on DOD business to capabilities having both defense and nondefense commercial applications. Establishes the Advanced Research Projects Agency (Agency) as a defense agency, headed by a Director with assistance from a Deputy Director. Makes the Agency the central R&D organization of DOD, with specified defense R&D duties. Subtitle B: Acquisition Assistance Programs - Amends the Small Business Act to provide that a Government defense procurement contracting officer entering into a contract with a small business is not required to refer a determination of nonresponsibility made by that officer to the SBA unless the small business requests a determination of its responsibility, and the issuance of a certificate of responsibility, by the SBA. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1994 a test program for the negotiation of small business subcontracting plans. Limits the FY 1994 participants in such program. Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1999 the test program of contracting for printing-related services for DOD with disadvantaged small business concerns. Extends through FY 2000 the requirement for DOD to extend five percent of its defense procurement contracts to disadvantaged small businesses, historically Black colleges and universities, and other minority institutions. Directs the Secretary to actively monitor and assess the progress of the military departments, defense agencies and prime contractor of DOD in attaining such goal. Authorizes a person to request the Secretary to determine whether the use of small business set asides by a DOD contracting activity has caused a particular industry category to bear a disproportionate share of the progress made toward attainment of the small business contracting goal. Earmarks specified funds from this Act for FY 1993 for infrastructure assistance to historically Black colleges and universities and minority institutions. Earmarks specified FY 1993 funds made available under this Act for the pilot Mentor-Protege Program established under the National Defense Authorization Act for Fiscal Year 1991. Earmarks specified amounts of such earmarked funds for the direct reimbursement of developmental assistance costs incurred by mentor firms under major defense acquisition programs in the participation of such firms in the Program. Requests the Secretary to publish the DOD policy for such Program as required under Federal law within 15 days after enactment of this Act. Prohibits the SBA from making a disadvantaged small business concern ineligible to receive any assistance authorized under the Small Business Act because of participation in, or receipt of developmental assistance under, the Mentor-Protege Program. Directs the Secretary to determine the status of a small business as a disadvantaged small business. Repeals a provision prohibiting a protege firm from being considered an affiliate of a mentor firm for purposes of the Small Business Act solely on the basis of such a relationship under the Mentor-Protege Program. Earmarks specified FY 1993 funds authorized under this Act for the procurement technical assistance cooperative agreement program, further earmarking specified portions of such funds for specific programs under such program. Subtitle C: Miscellaneous Acquisition Policy Matters - Extends through FY 1994 a program for the use of master agreements for the procurement of advisory and assistance services. Revises the definition of a major defense acquisition program (MDAP) to include those programs which require an eventual total for R&D of more than $300,000,000 (currently $200,000,000) or an eventual total for procurement of more than $1,800,000,000 (currently $1,000,000,000), both figures based on constant FY 1990 (currently 1980) dollars. Authorizes the Secretary to adjust such amounts on the basis of DOD cost escalation rates, with written notification of such adjustments to the defense committees. Authorizes the Secretary to waive the requirement for submission of Selected Acquisition Reports (SAR) for a program for a fiscal year under specified circumstances, requiring written notification of such waivers to the defense committees. Provides identical requirements for changes in the contents of an SAR. Revises provisions concerning information required to be included in each SAR for the first quarter of a fiscal year, as well as delivery dates of reports by a MDAP program manager of the unit costs of that program. Requires an additional SAR when the Secretary of the military department concerned determines that the program acquisition or current procurement unit cost of a MDAP has increased by at least 15 percent. Waives a current Federal provision prohibiting the payment of severance pay to foreign nationals when the head of an agency awarding the contract makes certain determinations with respect to such payments. Directs the Secretary to report annually to the defense committees on any agency head use of such waiver authority. Prohibits the purchase by entities controlled by foreign governments of a company that is performing a DOD contract, a DOE contract under a national security program, or DOD or DOE prime contracts in an amount in excess of $500,000,000. Provides exceptions. Prohibits a DOD or DOE contract under a national security program from being awarded to a company owned by an entity controlled by a foreign government if it is necessary for that company to be given access to information in a proscribed (classified) category of information in order to perform the contract. Authorizes the Secretary to waive such prohibition for national security interests. Makes the policy of DOD with respect to the disposition of any invention made during the performance of a federally funded R&D contract, grant, or cooperative agreement identical to Federal provisions concerning patent rights in inventions made with Federal assistance. Waives such rights with respect to awards not covered under chapter 18 when the Secretary makes certain determinations. Provides an invention confidentiality requirement. Authorizes a contractor to resubmit a certification of a claim under a shipbuilding contract if the certification is determined to be deficient because of the position, status, or scope of authority of the person executing the certification. Requires such resubmission within 30 days of notification of a deficient certification. Amends the Arms Export Control Act and other Federal provisions to authorize DOD to share equitably with U.S. allies involved in a joint R&D contract the costs of claims with respect to any such R&D programs. Requires a firm that is performing a DOD contract in excess of $10,000,000 to notify DOD in advance of any intention to perform outside the United States any part of such contract in excess of $500,000 which could be performed in the United States. Makes such requirement inapplicable to contracts for military construction. Disallows the payment of an indirect cost under a covered defense contract if such cost violates a principle in the Federal Acquisition Regulation or the DOD Supplement to the Federal Acquisition Regulation. Requires the Secretary to assess a penalty against any contractor attempting to receive reimbursement for such a cost. Provides for the waiver of such penalty in prescribed circumstances. Directs the Secretary to carry out a science and technology fellowship program to enhance the ability of DOD to recruit and retain employees who are highly qualified in the fields of science and technology. Requires the Secretary to support a fellow under such program in a related research or teaching field in such areas after two years of Federal service as an employee in a science or technology position at DOD. Allows a contractor that has participated in defense system development, production, or testing solely as a representative of the Federal Government to be involved in the establishment of criteria for data collection, performance assessment, or evaluation activities for the operational test and evaluation of such system. Directs the Secretary to prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition from terminating or substantially reducing its participation in such program without the approval of the Under Secretary. Prohibits the Secretary from procuring a sonobuoy in a foreign country unless U.S. firms that manufacture sonobuoys are permitted to compete on an equal basis with foreign manufacturing firms for the sale of such buoys in that foreign country. Provides a waiver in the interest of national security. Defines "units to be procured until procurement is completed" under the shipbuilding total program reporting requirement. Title IX: Department of Defense Organization and Management - Subtitle A: General Matters - Requires transmission to the Congress after January 1, 1992, by the Secretary of a report of the Chairman of the JCS with respect to the roles and missions of the armed forces in the post-Cold War era. Designates the Vice Chairman of the JCS as a member of the JCS. Directs the Chairman of the JCS to establish on the JCS the position of the Assistant to the Chairman of the Joint Chiefs of Staff for National Guard and Reserve Affairs, to be the principal adviser to the Chairman on matters concerning the reserve components. Directs the Secretary of the Navy to consolidate and streamline the Navy headquarters establishments within the Office of the Chief of Naval Operations to reflect changes in the roles and missions of the Navy. Designates as one of the Assistant Chiefs of Naval Operations the Assistant Chief of Naval Operations for Expeditionary Warfare, to supervise the performance of all responsibilities of the Chief regarding expeditionary warfare. Directs the Secretary to make certain certifications to the defense committees with respect to the assignment of functions and personnel for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the special operations command. Provides an alternative to such certifications. Extends through calendar year 1998 the requirement of a joint duty assignment as a prerequisite for promotion to a general or flag officer. Revises provisions regarding the education and experience requirement for such promotion. Provides that an officer shall be considered to have completed a full tour of duty in a joint duty assignment upon the successful completion of an assignment which gives such officer significant experience in joint duty matters through specified commands, military departments, or defense agencies. Directs the Secretary to credit as having completed a full tour of duty in a joint duty assignment, for promotion purposes, officers who performed duty in the Persian Gulf combat zone that either provided significant experience in joint matters or involved frequent professional interaction with units and members of another U.S. military department or an allied armed force. Requires the concurrence of the commanding officer of that officer's service branch before such crediting will be allowed. Makes certain reporting and policy requirements inapplicable to officers for whom such joint duty crediting has been granted. Directs the Secretary to include in the annual defense budget report required to be submitted to the Congress certain information with respect to the total number of officers for whom such joint duty credit was granted. Authorizes the Chairman of the JCS to provide funds from the CINC Initiative Fund to the Director of the Joint Staff with respect to an area not within the responsibility of a commander of a combatant command. Directs the Chairman to give priority consideration in the provision of funds to the Director for activities: (1) that would enhance the war fighting capability, readiness, or sustainability of the forces involved; or (2) that would reduce the threat to, or otherwise increase, the national security. Limits to $5,000,000 the funding to provide military education and training to military and related civilian personnel of foreign countries. Directs the Secretary to reestablish within his Office the position of Deputy Assistant Secretary of Defense for Equal Opportunity (Deputy) and require such official to carry out the same or similar duties that were formerly carried out by the Deputy before such position was abolished. Directs the Secretary, within ten days after enactment of this Act, to rescind or revise a certain memorandum of the Deputy Secretary of Defense relating to the delivery of legal services within DOD. Directs the Secretary to establish a Commission on the Conduct and Review of Investigations in the Department of Defense (Commission). Requires the Commission to review, and recommend changes in, policies, procedures, and practices of DOD concerning the conduct and review of investigations. Requires the Commission to report its findings to the Secretary, who in turn is required to transmit the report to the defense committees, together with his comments and recommendations. Expresses the sense of the Congress that the Army and Marine Corps should intensify efforts to eliminate unnecessary duplication, to improve interservice coordination, and to specialize in areas in which each has a comparative advantage, especially as such goals relate to the provision of armor, artillery, and other high-intensity combat items and related equipment and supplies. Requires the Chairman of the JCS to examine and make recommendations with respect to equipping the Marine Corps with armor, heavy artillery, and other related weapons so as to be capable of sustaining high-intensity combat independent of the other military departments. Directs the Secretary to study the operational support airlift aircraft and administrative transport airlift aircraft operated by the National Guard and reserve components. Directs the Secretary to ensure that the defense committees are fully and currently informed of all operational activities carried out by members of the armed forces or employees of DOD. Requires the head of any other Federal department or agency to submit to such committees any information requested relating to any operational activities carried out in their department or agency. Prohibits the obligation of more than 50 percent of the authorized funding for specified aircraft or missile programs until 60 days after the Secretary has submitted certain reports to the Congress. Subtitle B: Drug Interdiction and Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) extend through FY 1994 the authority of the Secretary to provide support for the counter-drug activities of any other Federal department or agency or a State, local, or foreign law enforcement agency; and (2) add to such authorized support services the detection, monitoring, and movement of traffic at, near, and outside U.S. geographical boundaries, as well as linguist and intelligence analysis services. Amend the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1997 the authority of the Secretary to transfer excess personal property to other Federal and State agencies. Directs the Secretary to study, and report to the Congress on, the land-, sea-, or air-based systems used by DOD in carrying out activities relating to the reconnaissance, detection, and monitoring of drug traffic. Prohibits the obligation of FY 1993 funds for such purposes until such report is submitted. Directs the Secretary to conduct an outreach program aimed at reducing the demand among youths for illegal drugs. Authorizes the use of funds made available under this Act for drug interdiction and counter-drug activities for the outreach program. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in this Division for FY 1993 between any such authorizations for that fiscal year (or any subdivisions thereof), to be merged with and available for the same purposes as the authorization to which transferred. Limits to $1,500,000,000 the total amount of authorizations which may be so transferred. Requires the Secretary to promptly notify the Congress of any such transfers. Directs the Secretary to submit to the Congress with the annual defense budget a multiyear defense budget consistent with a required multiyear defense plan. Requires the DOD military programs in such budget to be organized on the basis of major roles, missions, or forces of DOD. Amends the National Defense Authorization Act for Fiscal Year 1991 to provide specified additional transition authority with respect to closing or expired DOD appropriation accounts. Subtitle B: Supplemental Authorization of Appropriations for Operation Desert Storm - Amends the Persian Gulf Supplemental Authorization and Personnel Benefits Act of 1991 to extend through FY 1993 provisions relating to the establishment of the Persian Gulf Working Capital Account, the authorization of supplemental appropriations to such Account, and monthly reports on transfers to such Account. Authorizes additional appropriations for FY 1992 and 1993 to such account for military personnel and increases the authorized transfers for each fiscal year authorized under such Act by the amount of additional funds authorized to be appropriated by this Act. Subtitle C: Defense Maritime Logistical Readiness - Repeals Federal law allowing only vessels of the United States to be used in the transportation by sea of supplies bought for the armed forces. Directs the Secretary to: (1) prescribe regulations and establish practices for the procurement of transportation by water and related distributions services for DOD cargoes; (2) ensure that all studies and reports of DOD and all actions taken in DOD concerning sealift and related intermodal transportation requirements take into consideration the full range of transportation and distribution capabilities that are available from operators of privately-owned U.S. flag merchant vessels; (3) afford each operator of such a privately-owned U.S. flag vessel at least an annual opportunity to present to DOD information of its port-to-port intermodal transportation capabilities; (4) ensure private vessel owner participation in studies and reports on intermodal transportation possibilities; and (5) submit to the Secretary of Transportation an annual certification of compliance with such requirements. Prohibits, except in time of war, national emergency, or other exigent circumstances, vessels owned by the United States from being operated in competition with privately-owned U.S. flag commercial merchant vessels. Requires DOD cargoes to be transported on such private vessels whenever such vessels are available with reasonable timeliness. Allows U.S.-owned vessels to be used when such reasonable timeliness requirement cannot be met by such private vessels. Allows foreign flag vessels to be used when no private or U.S.-owned vessels are available. Prohibits a contract for the transportation of DOD cargoes by water to include terms or conditions which impair the ability of the contractor to own or operate foreign flag vessels in addition to the U.S.-flag merchant vessels, or which limit the contractor's ability to meet its common carrier obligations to the general public (with an exception to the latter prohibition in time of war or national emergency). Directs the Secretary to enter into logistics readiness agreements with contractors of privately owned U.S.-flag vessels under which the contractor shall, in time of war, national emergency, or foreign crisis, provide services to meet DOD cargo water transportation requirements. Provides required contract provisions. Requires the Secretary to submit to the Secretary of Transportation at least annually the DOD projections of weekly requirements, in excess of normal peacetime requirements, for the transportation of DOD cargoes to meet logistics and war fighting requirements in such exigent circumstances. Provides for the payment to contractors of foreign charges incurred under such transportation contracts. Provides transition provisions. Directs the Secretary and the Secretary of Transportation to promptly take appropriate actions to modernize, update, revise, or eliminate the current Sealift Readiness Program consistent with changes brought about by this Subtitle. Prohibits any Federal agency from requiring a party to a logistics readiness agreement to enter into or remain enrolled in the Sealift Readiness Program as a condition for being awarded a contract to provide transportation or distribution services under this Subtitle. Subtitle D: Technical Amendments - Makes technical amendments to Federal armed forces provisions. States as a policy of the Congress that qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to provide approved commodities and services as subcontractors and suppliers under contracts awarded by DOD. Provides that, in the case of a business concern that has negotiated a small business subcontracting plan with a military department or defense agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan. Terminates such provision at the end of FY 1994. Subtitle E: Miscellaneous Matters - Directs the Secretary to report to the defense committees on the U.S. strategic posture in the Middle East and Persian Gulf regions. Requires such report to include a military threat assessment for such regions. Directs the Secretary to conduct, and report to the defense committees on, an analysis of options for providing forward presence of naval forces during peacetime. Expresses as U.S. policy the opposition to restrictive trade practices fostered or imposed by foreign countries against other countries friendly to the United States or against any other U.S. persons. Prohibits any DOD prime contract in excess of the small purchase threshold from being awarded to any foreign person, company, or entity unless such entity certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel. Authorizes the Secretary to waive such prohibition in specific instances when necessary for national security, requiring notice to the Congress of each such waiver. Provides other exceptions to such prohibition. Authorizes the Secretary of the Army to employ as many professors, instructors, and lecturers at the Defense Language Institute Foreign Language Center as the Secretary considers necessary. Provides transition and savings provisions. Allows employees who moved after December 31, 1986, and before April 1, 1991, between different leave systems (appropriated vs. nonappropriated fund employment positions) to elect between the receipt of accrued leave or a lump-sum payment for such leave upon such transfer. Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia. Outlines objects and purposes, and prohibits discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Recognizes and grants a Federal charter to the Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of Colorado. Provides corporation objects and purposes, membership, and restrictions, including a prohibition against discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Authorizes the Secretary, during FY 1993 through 1995, to conduct a program to commemorate the 50th anniversary of World War II and to coordinate, support, and facilitate other such commemoration programs and activities of Federal, State, and local governments, as well as private persons. Provides funding for such activities from defense agencies operation and maintenance funds for such fiscal years. Establishes in the Treasury the Department of Defense 50th Anniversary of World War II Commemoration Account. Eliminates certain reporting requirements contained in Federal armed forces provisions and other specified Federal law. Authorizes the transfer of excess construction or fire equipment from DOD stocks to any foreign country or international organization prescribed under provisions of the Foreign Assistance Act of 1961 or the Arms Export Control Act, but only if: (1) no Federal department or agency other than DOD and no State submits a request for such equipment during a specified period; or (2) the President determines that the transfer is necessary in order to respond to an emergency for which the equipment is especially suited. Prohibits, with an exception, the use of funds appropriated or otherwise made available to DOD during FY 1992 for the construction or capitalization of specified military museums, or the renovation of a certain submarine for use by an Oregon museum. Authorizes the Secretary of the Army to award fellowships in military history to citizens and nationals of the United States who are graduate students in U.S. military history, have completed their doctoral requirements other than a dissertation, and agree to prepare a dissertation in an area of military history determined by the Secretary. Directs the Secretary of the Navy to transfer certain vessels to the Department of Transportation to be assigned as training ships to Texas A&M University and the Maine Maritime Academy. Repeals a Federal provision requiring the construction in a U.S. navy yard of the first and each succeeding alternate U.S. combatant and escort vessel. Provides for a method of liquidation of credits and liabilities of parties to cooperative military airlift agreements. Adds Japan and Korea to the list of countries eligible for such agreements. Amends the National Defense Authorization Act for Fiscal Year 1987 to authorize a general or flag officer grade for the commanders of the U.S. Southern Command and the U.S. Central Command. Makes permanent (currently expires as of September 30, 1992) the authority of the Secretary to pay the travel, subsistence, and other personal expenses of defense personnel of developing countries for their attendance at bilateral or regional cooperation conferences and programs. Subjects a person appointed as a judge of the U.S. Court of Military Appeals to the Federal Employees' Retirement System (FERS) as of the date of the appointment. Provides transition provisions for those judges who are currently subject to the Civil Service Retirement and Disability System (CSRS), allowing continued coverage (upon election) under CSRS or a refund under their former CSRS and election to be covered under FERS. Provides for deposit into the Thrift Savings Fund of a lump-sum payment representing the contribution difference required under the two plans. Designates as chief judge of the U.S. Court of Military Appeals the senior in commission among the judges who: (1) has served for one or more years as judge; and (2) has not previously served as chief judge. Provides for a chief judge term of five years, with a continuation of such term if there are no other judges eligible for chief judge at the end of such term. Provides for the early termination of such five-year term under certain circumstances. Provides transition provisions to cover the current chief judge. Revises the Uniform Code of Military Justice with respect to: (1) jurisdiction; (2) certain adjudications and postponements of sentences; and (3) offenses relating to the drunken or reckless operation of a vehicle, aircraft, or vessel. Directs the Secretary to establish the Civil-Military Cooperative Action Program under which the Secretary may use the skills, capabilities, and resources of the armed forces to assist civilian efforts to meet the domestic needs of the United States. Outlines Program objectives. Directs the Secretary to encourage the establishment of advisory councils on civil-military cooperation at the regional, State, and local levels, as appropriate, in order to obtain recommendations for projects and activities and guidance for the Program from persons who are familiar with regional, State, and local conditions and needs. Directs the Secretary to prescribe specified rules and regulations governing the provision of assistance under the Program. Authorizes the Chief of the National Guard Bureau, during FY 1993 through 1995, to conduct a pilot program to be known as the National Guard Civilian Youth Opportunities Program aimed at improving through military based training the life skills and employment potential of civilian youth who cease to attend secondary school before graduation. Requires the pilot program to be conducted at any ten of the States, Territories, Puerto Rico, or the District of Columbia. Outlines provisions concerning: (1) program agreements made between the Chief of the National Guard Bureau and a chosen jurisdiction; (2) authorized benefits for youth participants in the program; (3) the use of National Guard personnel at a chosen site for administrative, training, or support services for the program; (4) the use of National Guard equipment and facilities for the program; (5) the Federal employee status of participants in the program for purposes of certain laws and benefits; (6) program funding and supplemental funding by the Governor of the chosen jurisdiction; (7) a required report from the National Guard Chief after one year of the pilot program; and (8) an earmarking of specified funds for such program from FY 1993 DOD operation and maintenance funds. Directs the President to report to the Congress on the proposals of the Secretary General of the United Nations made in his report concerning preventive diplomacy, peacemaking, and peacekeeping. Mandates that no funds are authorized to be appropriated under this Act for the Federal Bureau of Investigation. Title XI: Demilitarization of the Former Soviet Union - Subtitle A: Short Title - Names this title the Former Soviet Union Demilitarization Act of 1992. Subtitle B: Findings and Program Authority - Authorizes the President to establish and conduct programs to assist in the demilitarization of the independent states of the former Soviet Union. States that such programs shall include the transportation, storage, safeguarding, disabling, and destruction of weapons of mass destruction, as well as the conversion of weapons-related scientific expertise, technologies, and capabilities into appropriate civilian activities. Prohibits any such U.S. assistance unless the President certifies to the Congress that the recipient state of the former Soviet Union is committed to destroying its weapons of mass destruction, forgoing any nuclear weapons or military modernization programs, and facilitating U.S. verification of any weapons destruction carried out. Subtitle C: Administrative and Funding Authorities - Provides funding for the Soviet demilitarization program through funds authorized to be transferred under this Act as well as an extension of the authorization of appropriations for such purpose under the Soviet Nuclear Threat Reduction Act of 1991. Subtitle D: Reporting Requirements - Requires the President to report to the Congress at least 15 days in advance of each proposed obligation of funds for the Soviet demilitarization program. Directs the President to report quarterly to the Congress on all such activities carried out in the previous quarter. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1993 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to make advances to the Secretary of Transportation for the design and construction of defense access roads. Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, defense access roads, architectural and engineering design services, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to increase by a specified amount the funding permitted to the Army for the worldwide leasing of military family housing. Title XXII: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified locations. Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction projects, unspecified minor construction, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act, Fiscal Year 1989 to: (1) increase the authorized amount of appropriations for a military construction project at the Guam Navy Public Works Center; and (2) decrease the authorized amount of appropriations for military construction projects at the Subic Bay, Philippines Navy Public Works Center and the Marine Corps Air Station, Cherry Point, North Carolina. Directs the Secretary to expend from prior-law appropriations necessary amounts for planning and design of defense access roads for the Pascagoula, Mississippi Naval Station. Title XXIII: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Year 1991 to transfer an authorized military construction project (and the authorized amount for such project) from Lowry Air Force Base, Colorado, to Buckley Air National Guard Base, Colorado. Authorizes the Secretary to: (1) enter into contracts for the leasing of military family housing units; and (2) enter into rental guaranty agreements for military family housing under the Military Construction Authorization Act, 1984. Terminates certain FY 1991 and 1992 military construction projects. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes appropriations to DOD for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, conforming storage facilities, certain base closure and realignment activities, and military family housing functions of DOD. Authorizes the obligation of prior-year unobligated military construction funds for such military construction projects. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts . Reduces certain prior-year authorizations of appropriations for Air Force Reserve military construction projects. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1995, or the date of enactment of an Act authorizing funds for military construction for FY 1995, whichever is later, with specified exceptions. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of Defense to carry out a military construction project for energy conservation not previously authorized by law if prior military construction funds were authorized to be made available for such project. Increases to $1,000,000 ($300,000 for FY 1992) the threshold for FY 1993 through 1995 for minor construction projects carried out with DOD operation and maintenance funds. Directs the Secretary to report to the Congress after each such fiscal year on any minor construction projects carried out whose cost exceeded $300,000. Prohibits any funds made available to a military department during FY 1993 from being expended for contracts for the construction, acquisition, or leasing of military family housing that are entered into after October 1, 1992, until the Secretary of that military department has solicited bids for such housing under military construction projects currently authorized under Federal law. Authorizes the Secretary concerned to construct a replacement for a single family housing unit if: (1) authorized by law; (2) a simple home improvement is no longer cost-effective; and (3) 21 days have elapsed since notification to the Congress of such replacement. Subtitle B: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to authorize deposit into the Department of Defense Base Closure Account for its use of any funds that the Secretary may transfer from funds appropriated to DOD or funds contained in the Department of Defense Base Closure Account 1990. Requires the Secretary to transmit to the Congress notice of and justification for any such transfers. Authorizes the Secretary to utilize such Account for environmental restoration, community economic adjustment assistance, and disposal of property at bases selected for closure under base closure laws. Makes identical amendments for the Department of Defense Base Closure Account 1990 established under the Defense Base Closure and Realignment Act of 1990. Provides for the valuation of amounts to be deposited into a reserve account after the sale of real property at a military installation which represents the amount of such property acquired, constructed, or improved with commissary store funds or nonappropriated funds. Requires amounts so reserved to be used only for acquiring, constructing, and improving: (1) commissary stores; and (2) real property and facilities for nonappropriated fund instrumentalities. Revises Federal provisions concerning the authority of the Secretary to transfer specified funds under base closure laws to the homeowners assistance program. Directs the Secretary to enter into, and report to the Congress on, a one-year contract with a private relocation contractor in order to test the cost-effectiveness of using national relocation contractors to administer the homeowners assistance program. Requires military construction relating to the closure or realignment of a military installation (currently, each military construction project) to meet certain budgeting constraints. Amends the Defense Base Closure and Realignment Act of 1990 to revise the annual reporting date of the Comptroller General with respect to the Secretary's selection of military installations to be closed or realigned under such Act. Prohibits the Secretary and the Defense Base Closure and Realignment Commission from recommending a realignment of functions and personnel of the Defense Finance and Accounting Service under provisions of the Defense Base Closure and Realignment Act of 1990, instead authorizing the Secretary to provide for such a realignment under other Federal base closure and realignment provisions. Amends the National Defense Authorization Act for Fiscal Year 1991 to direct the Secretary to report annually to the defense committees on the operations of the Department of Defense Overseas Military Facility Investment Recovery Account during the preceding fiscal year. Subtitle C: Land Transactions - Amends the Military Construction Authorization Act, 1985 to remove the San Diego Energy Recovery Project as a possible party to a land exchange between the city of San Diego and the Secretary of the Navy. Provides that, in lieu of conveyance of property owned by the Project, such Secretary may permit San Diego to convey other property suitable for family housing, or to pay the Secretary an amount sufficient for the loss of such property as consideration for the land exchange. Outlines other administrative provisions required in light of the loss of the Project as a party to the land exchange. Authorizes the Secretary of the Air Force to convey to South Carolina all rights and interest to real property comprising the Myrtle Beach Air Force Base, South Carolina, under specified terms and conditions. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow the Secretary of the Navy to use the proceeds from the sale of certain property to acquire a new site for a naval center in the state of Vermont (currently, only in the Burlington, Vermont area). Lowers the price required to be paid by the city of Burlington to acquire the real property being sold by such Secretary. Extends to June 1, 1995, the deadline for the conveyance of the property. Allows the Secretary to permit the city of Burlington to make alterations or improvements to the property before its conveyance to the City. Authorizes the Secretary of the Navy to lease: (1) to the Union Pacific Railroad Company certain property located at the Naval Supply Center, Oakland, California; and (2) to the City of Oakland or the Port of Oakland, California, certain property also located at the Naval Supply Center. Authorizes the Secretary of the Navy to grant an easement to enable the San Diego Gas and Electric Company to construct, operate, and maintain an electric transmission and associated electric transmission lines. Authorizes the Secretary of the Navy to convey to Santa Barbara, California, all rights and interest to certain real property located at the Santa Barbara Naval Reserve Center, under specified terms and conditions. Authorizes the Secretary of the Army to convey to the Washington County, Maryland Sanitary District all rights and interest to certain real property, including a waste water treatment facility, located at Fort Ritchie, Maryland. Authorizes the Secretary of the Navy to acquire all rights and interest to a parcel of land comprising a portion of the Naval Radio Station at Jim Creek, Washington. Authorizes the United States to acquire by condemnation or otherwise: (1) all rights and interest of Arizona in and to specified trust lands in such State; and (2) any trust mineral estate of Arizona located beneath the surface of such trust lands. Authorizes the Secretary to convey to any person all rights and interest to: (1) a parcel of land comprising a naval family housing area at Paine Field, Snohomish County, Washington; and (2) two parcels of land comprising portions of the naval family housing area at Pier 91, Seattle, Washington. Authorizes the Secretary of the Air Force to convey to Central Community College, Hastings, Nebraska, all rights and interest to three parcels of property located in that City which have served as a support complex for the Hastings Radar Bomb Scoring Site. Authorizes the Secretary of the Army to convey to the city of Abbeville, Alabama, all rights and interest to specified real property located at the site of a proposed Army Reserve Center in Abbeville. Subtitle D: Transfer of Jurisdiction of Rocky Mountain Arsenal - Directs the Secretaries of the Army and the Interior to enter into a memorandum of understanding under which: (1) the Secretary of the Army transfers to the Secretary of the Interior, without reimbursement, all responsibility to manage for wildlife and public use purposes the real property comprising the Rocky Mountain Arsenal in Colorado, with the exception of certain facilities and property or property designated for disposal; and (2) the Secretary of the Interior shall establish and manage such real property as a unit of the National Wildlife Refuge System. Allows the transfer to be made only after certification by the Administrator of the Environmental Protection Agency that all site cleanup and remediation measures required under Federal law have been taken. Excludes from such transfer all property used at the Arsenal for water treatment, the disposition of hazardous substances, and any other purposes related to remediation and cleanup of the site. Continues jurisdiction by the Secretary of the Army over the property to be transferred until all cleanup and remediation activities have been completed. Requires consultation between the two Secretaries with respect to all cleanup and remediation activities. Requires the Secretary of the Army to retain environmental liability with respect to the Arsenal after the transfer. Directs the Secretary of the Interior to establish the Rocky Mountain Arsenal National Wildlife Refuge in the property transferred by the Secretary of the Army, to be used for wildlife preservation, public uses, research and education, and land and water conservation. Outlines provisions with respect to cleanup and remediation activities. Prohibits public roads from being constructed through the Refuge. Designates another parcel of real property at the Arsenal for disposal for commercial, highway, or other public use purposes. Requires the Secretary of the Army to notify the State of Colorado and all appropriate units of local government of the proposed and final determinations made with respect to site cleanup, remediation, and disposal. Provides transfer conditions and limitations, including the requirement that all property disposed of under this subtitle be subject to the cleanup and remediation requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. States that all disposal proceeds shall be transferred to the Director of the U.S. Fish and Wildlife Service to be used to supplement funds available for the construction of a visitor and education center at the Refuge. Subtitle E: Miscellaneous - Authorizes the Secretary of Defense to allow the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective energy demand and conservation incentive programs for such military installation. Allows such agreements to provide for a utility to advance financing costs for the design and implementation of an energy demand or conservation incentive program, with repayment terms no less favorable than those applicable to the utility's most favored customer. Vests title to the United States in any energy-saving device or technology installed at a military installation pursuant to an agreement. Directs the Secretary of the Navy, by December 31, 1992, to report to the defense committees and the Comptroller General on actions and plans of the Navy for consolidation and centralization of control over forces assigned to the mine countermeasure mission. Requires the Comptroller General to evaluate such report and submit his evaluation to the defense committees. Requires the report of the Secretary to include a detailed evaluation and analysis of the use of Ingleside, Texas, as the planned homeport for all mine warfare ships, and a comparison of various alternative homeports for such ships including Atlantic and Pacific coast homeports. Prohibits such Secretary from relocating the functions and personnel of certain mine warfare command and training facilities until 90 days after submitting his required report. Directs the Secretary of the Air Force, in designating expanded areas for training operations of Air National Guard and Air Reserve aircraft, to provide for such areas within the geographic boundaries of areas that have been approved for tactical training on the date of enactment of this Act. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1993 for operating expenses and for plant and capital equipment necessary in carrying out national security programs in the following areas: (1) weapons activities; (2) new production reactors; (3) environmental restoration and waste management; and (4) defense materials production and other defense programs. Earmarks specified FY 1993 funding for the defense inertial confinement fusion program. Prohibits the obligation of FY 1993 DOE funds for: (1) the design, purchase, or installation of any fire protection, cooling, or refrigeration system that utilizes class I chlorofluorocarbons unless the Secretary of Energy (Secretary, for purposes of this title) determines that an alternate system is not commercially available; or (2) the implementation of the reconfiguration of any nonnuclear DOE activities until the Secretary reports the results of certain analyses and certifications to the defense committees. Subtitle B: Recurring General Provisions - Prohibits the use of the funds appropriated pursuant to this title for the costs of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is less, or for programs which have not been presented to, or requested of, the Congress, unless the Secretary transmits to the defense committees a full and complete statement of the action proposed and 30 days have elapsed. Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title. Authorizes the Secretary to carry out any general plant project only if the total estimated cost of the project does not exceed $1,200,000. Requires reports to the defense committees by the Secretary when the costs exceed such amount. Sets forth procedures for the approval of construction projects which exceed by more than 25 percent their estimated cost or authorized amount. Exempts from such procedures any projects which have an estimated cost of less than $5,000,000. Allows for the transfer of funds from specified projects to other government agencies for the performance of work for which the funds were appropriated. Authorizes the Secretary to carry out advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000. Directs the Secretary to notify the defense committees whenever the estimated cost of such planning and design exceeds $300,000. Requires specific authorization by law whenever such estimated cost exceeds $2,000,000. Authorizes the Secretary to perform emergency construction planning and design in order to protect public health and safety or property or to meet the needs of national defense. Requires the Secretary to report to the defense committees before taking any such action. Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE. Subtitle C: Miscellaneous - Authorizes the Secretary of Energy to pay to the EPA a stipulated civil penalty assessed under Federal environmental law against the Fernald Environmental Management Project. Prohibits the Secretary from entering into a contract or other agreement for the performance of environmental restoration and waste management activities with any persons convicted of having committed a criminal violation in connection with activities at a DOE facility under the Clean Air Act, the Solid Waste Disposal Act, or the Safe Drinking Water Act. Amends the Atomic Energy Act of 1954 to prohibit the appropriation, obligation, or expenditure of DOE national security program funds for the following activities unless such funds have been specifically authorized by law: (1) procurement of goods or services; (2) R&D or procurement or production related to R&D; (3) nuclear weapons testing; (4) construction; and (5) operation and maintenance of any defense nuclear facility or of the DOE central office. Earmarks specified FY 1993 DOE program management funds for certain oversight activities. Directs the Secretary to establish a citizen advisory group for each DOE nuclear facility to undertake certain review, evaluation, reporting, and recommendation actions with respect to such nuclear facilities. Directs the Secretary to provide funding to each advisory group for the hiring of technical assistance and support staff. Limits such expense to $250,000 per group. Provides funding for such advisory groups from FY 1993 DOE national security funds. Replaces the Director of Defense Research and Engineering with the Under Secretary of Defense for Acquisition on the Nuclear Weapons Council. Amends the Radiation Exposure Compensation Act to revise the offset for payments for injuries believed to arise out of the atomic weapons testing program. Directs the Secretary to report annually to the defense committees on the new production reactor program of DOE, requiring such reports until the construction of the new production reactor is completed. Expresses the sense of the Congress that the technology chosen for new production reactor capacity have the highest probability of successfully sustaining operation, the lowest risk of operational failure, and the lowest cost of construction and operation. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require any non-Federal entity that operates a laboratory pursuant to a contract with a Federal agency to submit to the head of such Federal agency any cooperative R&D agreement that the entity proposes to enter into with a small business firm and the joint work statement required with respect to that agreement. Outlines procedures for the approval or disapproval of the proposed agreement and joint work statement by the Federal agency. Directs the Secretary to establish a program to facilitate and encourage the transfer of technology to small businesses, and to issue guidelines relating to the program by May 1, 1993. Directs the Secretary and the Secretary of Defense to provide appropriate federally funded technology transfer centers with information on cooperative R&D agreements or other arrangements entered into with respect to DOE laboratories and other Federal departments and agencies. Provides funding for such agreements or arrangements. Amends the National Defense Authorization Act for Fiscal Year 1989 to authorize the Secretary to allow each DOE contractor and subcontractor carrying out certain activities at the Idaho National Engineering Laboratory to loan personnel in order to assist in the economic diversification of the local economy and reduce reliance by the local community on national security programs at such Laboratory. Provides funding for such personnel loan. Extends such program through FY 1994. Subtitle D: Defense Nuclear Work Force Restructuring - Directs the Secretary to develop, issue, and commence implementation of a plan for the restructuring of the employee work force at each DOE defense nuclear facility: (1) the primary mission of which changes from weapons production and related activities to environmental restoration and waste management; and (2) that is scheduled for closure. Outlines provisions concerning plan requirements and updates, and appropriate consultations in plan development with the Secretary of Labor and local labor organizations. Requires the plan to be submitted to the Congress. Directs the Secretary to establish and carry out a program for the identification and ongoing medical evaluation of current and former DOE employees who are or were subject to significant health risks as a result of the exposure to hazardous or radioactive substances during such employment. Requires implementation of the program through specified activities. Requires each employee provided with such medical evaluations to be notified of test results. Requires such program to be carried out within one year after enactment of this Act. Requires an agreement between the Secretary and the Secretary of Health and Human Services to carry out such program. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1993 for the operation of the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Subtitle A: Changes in Stockpile Amounts - Authorizes the National Defense Stockpile (NDS) Manager to dispose of specified materials in the NDS, with special limitations on the disposal of certain materials. Authorizes the NDS Manager, during FY 1993, to obligate out of the National Defense Stockpile Transaction Fund (Fund) specified amounts for the acquisition of materials and for R&D programs of the Strategic and Critical Materials Stock Piling Act. Subtitle B: Programmatic Changes - Amends such Act to require the quantities of materials stockpiled to be sufficient to meet the needs of the United States during a period of national emergency that requires a significant level of mobilization of the economy under planning assumptions used by the Secretary of Defense (currently, for three years). Revises the conditions under which the President may make changes in the quantity of any material in the NDS. Removes a prohibition on disposals from the NDS which would result in an unobligated balance in the Fund in excess of $100,000,000. Allows moneys from the Fund to be used for materials maintenance and disposal (currently, only for materials acquisition). Directs the President to appoint a Market Impact Committee to: (1) advise the NDS Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from NDS that are proposed to be included in the annual materials plan submitted to the Congress under the Strategic and Critical Materials Stock Piling Act; and (2) submit to the Manager the Committee's recommendations regarding such acquisitions and disposals. Title XXXIV: Civil Defense - Authorizes appropriations for FY 1993 for carrying out the Federal Civil Defense Act of 1950. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1993 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1993. Limits the amount of funds available to the Commission for FY 1993 that may be expended for official reception and representation expenses. Authorizes the use of FY 1993 Commission funds for the purchase of passenger motor vehicles used to transport personnel of the Commission across the Isthmus of Panama. Limits such expenditure to $18,000 per vehicle. Amends the Panama Canal Act of 1979 to: (1) authorize the use of Commission funds to defray the cost of health care services to elderly and disabled persons provided by medical facilities licensed and approved by the Republic of Panama and not operated by the United States; and (2) revise a provision concerning the basis of Canal tolls on vessel tonnage measurement. Requires all expenditures made under this title to be made in accordance with the Panama Canal Treaties of 1977 and U.S. laws implementing those treaties.
Resolution· HRESH.Res. 541 (102nd)passed
United States · United States Congress · 5 August 1992
Sets forth the rule for the consideration of H.R. 5466 (commercial aviation).
Bill· HRH.R. 5761 (102nd)referred
United States · United States Congress · 4 August 1992
Sanctions Against South Africa Act of 1992 - Prohibits: (1) the ownership of a share or interest in a business, commercial enterprise, or economic resource in South Africa by a U.S. person; (2) any commitment or transfer of financial or economic resources by a U.S. person to the Government of South Africa or any person in South Africa; and (3) the performance by a U.S. person of any contract in support of an industrial, commercial, public utility, or governmental project in South Africa. Bars the import into the United States of any: (1) goods or services of South African origin, other than publications and informational materials; and (2) South African krugerrand or other gold coin minted in South Africa or offered for sale by the South African Government. Prohibits the export to South Africa, with certain exceptions, of goods, technology, or services from the United States. Bars: (1) transactions by a U.S. person relating to transportation to or from South Africa; (2) the provision of transportation to or from the United States by any South African person or any vessel or aircraft of South African registration; and (3) the sale in the United States by any person holding authority under the Federal Aviation Act of 1958 of any transportation by air which includes a stop in South Africa. Amends the Internal Revenue Code to deny foreign tax credits with respect to taxes paid to South Africa beginning on January 1, 1993, and ending on the date the Secretary of State certifies to the Secretary of the Treasury that sanctions under the Sanctions Against South Africa Act of 1992 have been terminated. Prohibits assistance (other than humanitarian assistance) to South Africa under the Foreign Assistance Act of 1961 and the Arms Export Control Act. Makes prohibitions under this Act inapplicable with respect to victims of apartheid. Prescribes criminal penalties for violations of this Act. Authorizes the President to modify or waive the prohibitions of this Act if he certifies to the Congress that such action is in the national interest and the Congress enacts legislation approving the action. Terminates the prohibitions of this Act if: (1) the President certifies to the Congress that a democratically-elected nonracial national government is established in South Africa; and (2) the Congress enacts legislation approving such certification. Expresses the sense of the Congress that the United States should provide specified assistance to South Africa upon the establishment of a democratically-elected nonracial government in such country.
Bill· SS. 3114 (102nd)open
United States · United States Congress · 31 July 1992
National Defense Authorization Act for Fiscal Year 1993 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Funding Authorizations - Authorizes appropriations to the Army, Navy, Marine Corps, and Air Force for FY 1993 for: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes the Secretary of the Navy to transfer certain prior-year unobligated shipbuilding and conversion balances to the FY 1993 shipbuilding and conversion funds. Authorizes appropriations for FY 1993 for: (1) the defense agencies; (2) the Defense Inspector General; (3) the reserves and National Guard; and (4) the chemical demilitarization program. Subtitle B: Army Programs - Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which authorized appropriations for the development of the Apache helicopter program. Authorizes the use of funds received from the sales of tanks, infantry vehicles, or armored personnel carriers by the United States under the Arms Export Control Act during FY 1990 and 1991 to upgrade such armored vehicles for fielding to the Army. Prohibits the Improved Chemical Agent Monitor from being procured for the armed forces until the Secretary of the Army completes certain testing and congressional notification with respect to such program. Subtitle C: Navy Programs - Earmarks funds from this Act for shipbuilding and conversion for specified replacement, overhaul, and conversion programs within the Navy, with a limitation with respect to advanced procurement for the aircraft carrier replacement program. Prohibits the use of funds made available by this Act or otherwise for FY 1993 from being used for: (1) a certain electronic warfare system and the Airborne Self Protection Jammer, until their operational suitability has been determined; and (2) the AV-8B radar upgrade program. Allows for the modification of F-14 aircraft, with limitations as provided in appropriation Acts. Directs the Secretary of Defense (Secretary) to report to the Congress with respect to procurement of strategic sealift. Subtitle D: Air Force Programs - Earmarks specified funds made available by this Act for Air Force procurement for the C-17 aircraft program, with certain requirements to be met by the Secretary and the Secretary of the Air Force before such sums may be obligated. Requires the Secretary to report to the Senate and House Armed Services Committees (the defense committees) with respect to an initiative to maintain control over costs, contractor performance, and management performance within the C-17 aircraft program. Provides additional funding for such program, with limitations. Requires the Secretary to make certain certifications to the defense committees with respect to the correction of fuel leaks on C-17 production aircraft. Authorizes the Secretary of the Air Force to sell components or other material procured during FY 1990 through 1992 for advance procurement for F-16 aircraft and use such proceeds for procurement of spare parts and support equipment for such aircraft. Subtitle E: Defense Agency Programs - Earmarks specified funds made available by this Act for defense agency procurement as funding for certain tactical intelligence programs, with limitations. Requires operational test and evaluation and survivability testing of certain helicopter programs to be completed prior to their release for operational use. Subtitle F: Strategic Programs - Prohibits the obligation of funds for the advance procurement of Trident II missiles until a certain cost savings report has been submitted to the defense committees. Directs the Secretary to prepare and implement a plan for testing the survivability and operational effectiveness of nonstealth heavy bombers against potential targets, as well as defenses that such bombers might encounter during conventional conflicts during the next 20 years. Requires a report. Prohibits the Secretary from obligating funds for the procurement of the CORE electronic countermeasures system until such report is received and the Secretary makes certain certifications to the defense committees with respect to the operational suitability and effectiveness of such system. Earmarks specified Air Force procurement funds under this Act for procurement for the B-2 bomber aircraft program, limiting the deployment of such aircraft to 20 plus one test aircraft. Limits the obligation of funds for such aircraft until the Secretary has made certain reports and certifications to the defense committees with respect to the performance and survivability assessment of such aircraft, as well as total costs. Directs the Secretary to develop, and report to the defense committees on, a strategy for achieving substantial reductions in the cost of developing, acquiring, and supporting space systems operated by the Department of Defense (DOD). Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through October 1, 1993, the deadline for a study and report by the Secretary concerning the Ground Wave Emergency Network. Subtitle G: Chemical Demilitarization Program - Amends the Department of Defense Authorization Act, 1986 to extend through December 31, 2004, the deadline for the elimination by DOD of the existing stockpile of lethal chemical agents and munitions. Directs the Secretary of the Army to report to the Congress on the potential alternatives to the use of the Army's baseline disassembly and incineration process for the disposal of such agents and munitions. Prohibits the Army from carrying out any site preparation for such disassembly or incineration until such report is received, with exceptions. Requires the Secretary of the Army to report to the Congress on the Army's plans for destroying all chemical warfare material that would be required to be destroyed if the United States became a party to a chemical weapons convention (a group of countries requiring the destruction by its members of specified binary chemical weapons and munitions). Directs the Secretary of the Army to report to the Congress on the physical and chemical integrity of the existing chemical weapons that are contained in U.S. chemical weapons stockpiles and stored within eight chemical weapons storage sites within the United States. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorizations - Authorizes appropriations for FY 1993 for the armed forces, the defense agencies, the Deputy Director of Defense Research and Engineering, and the Director of Operational Test and Evaluation for research, development, test, and evaluation (R&D). Earmarks specified amounts of such authorization for: (1) basic research and exploratory development projects; (2) manufacturing technology development; and (3) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Sets forth program requirements, restrictions, or limitations with respect to the V-22 Osprey aircraft program. Directs the Commandant of the Marine Corps to report to the defense committees on the crash of such aircraft prototype that occurred on July 20, 1992. Limits to 50 percent the available FY 1993 authorized funds for such aircraft until such report is received. Earmarks specified FY 1993 R&D funds for R&D in connection with the special operations variant of such aircraft. Directs the Secretary to specify in the FY 1994 defense budget a separate program element for electronic warfare programs involving ship self-defense. Subtitle C: Missile Defense Program - Amends the Missile Defense Act of 1991 to revise provisions concerning the implementation of the U.S. goal of deploying an antiballistic missile system capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles. Directs the Secretary to transfer management and budget responsibility for R&D of all far-term follow-on technologies with respect to missile defense technology from the Strategic Defense Initiative Organization to the Defense Advanced Research Projects Agency (DARPA) or the appropriate military department, unless he determines and certifies to the Congress that transfer of a particular technology currently under the Organization would not be in the national security interests. Removes the current reference to the goal of the establishment of capable theater missile defense systems by FY 1996, while limiting R&D of follow-on technologies for such systems to those not likely to be incorporated into weapons within ten to 15 years after the date of enactment of such Act (December 5, 1991). Earmarks for obligation to the Strategic Defense Initiative (SDI) specified amounts of the total amount appropriated or made available to DOD for FY 1993. Earmarks such amounts to specific program elements of SDI. Authorizes the Secretary to transfer such specified amounts among the program elements, with limitations. Requires the Secretary to report to the defense committees on the allocation of funds appropriated for SDI for FY 1993. Places certain limitations on the obligation or expenditure of FY 1993 DOD funds for the development or testing of antiballistic missile systems or components, or the acquisition of material or equipment required for such development or testing. Subtitle D: Other Matters - Earmarks specified FY 1993 DOD R&D funds for the medical component of the Biological Defense Research Program of DOD, with limitations. Title III: Operation and Maintenance - Subtitle A: Authorizations of Appropriations - Authorizes appropriations for FY 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserve components of the armed forces, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, humanitarian assistance, the Defense Health Program, and support for the 1996 summer Olympics, the 1993 World University Games, and the 1994 World Cup Games. Authorizes appropriations for FY 1993 for working capital funds of the armed forces and the defense agencies. Authorizes appropriations for FY 1993 from the Armed Forces Retirement Home Trust Fund for the operation of the Armed Forces Retirement Home. States that funds authorized under this Act for humanitarian assistance shall be used to provide transportation for humanitarian relief for the people of Afghanistan and Cambodia, and for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Earmarks specified sums for noncombatants at or near the border between Thailand and Cambodia. Authorizes the Secretary to transfer specified sums to the Secretary of State for FY 1993 for providing such humanitarian assistance, requiring the Secretary of State to use the most economical commercial or military transportation possible. Requires the Secretary of Defense to report to specified congressional committees on specified dates on the provision of such assistance. Requires the Secretary to notify specified congressional committees on his intention to transport humanitarian relief to a country to which such transportation has not been specifically authorized by law. Authorizes the Secretary to provide logistical support and personnel services in connection with the 1994 World Cup Games, with a limitation. Authorizes the Secretary to transfer funds from the Defense Business Operations Fund and the National Defense Stockpile Transaction Fund to appropriations for operation and maintenance for FY 1993, with specified amounts earmarked to each military department. Subtitle B: Environmental Provisions - Requires the Director of the Defense Logistics Agency to evaluate, and report to the defense committees on, the use of class I substances (chlorofluorocarbons and halons) by the military departments and defense agencies. Prohibits any DOD contract awarded, modified, amended, or extended after June 1, 1993, from including a specification or standard that requires the use of an ozone-depleting substance unless the specification or standard is approved by the senior acquisition official for the procurement covered by the contract because a suitable substitute for such ozone-depleting substance is not currently available. Requires certain action to be taken by an official granting such an approval, including reports to the Secretary and notifications to the defense committees. Authorizes the Secretary to reimburse a contractor for reasonable costs incurred in providing a substitute for an ozone-depleting substance in the awarded contract. States that environmental restoration activities at current and former military installations shall be deemed to be functions that facilitate the national defense. Requires the Secretary of a military department to ensure that contracts entered into by such Secretary for environmental restoration activities at a current or former military installation provide for the military department and the contractor to share the risk of liability resulting from such restoration activities. Provides for contracting implementation of such risk-sharing requirement. Directs the Secretary to report to the defense committees on its implementation. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide that, in the case of real property owned by the United States that is part of a military installation to be closed, the head of the department or agency with jurisdiction over such property shall identify the real property on which neither hazardous substances nor petroleum products or its derivatives were stored for one year or more, are known to have been released, or were disposed of. Outlines identification procedures and deadlines. Requires a deed for the transfer or sale of such identified property to contain a covenant stating that any corrective action found to be necessary from the presence of hazardous substances or petroleum products on such property shall be conducted by the United States, with access to such property to take such corrective action as necessary. Requires the appropriate agency or department head having jurisdiction over a property used as a military facility on which any hazardous substance or petroleum product or its derivatives was stored for one year or more, is known to have been released, or was disposed of, and on which the United States plans to terminate military operations, to notify the State in which such property is located of any lease entered into by the United States that will encumber the property beyond the date of termination of operations on such property. Directs the Secretary to defend, indemnify, and hold harmless any State, political subdivision, or person that acquires ownership or control of a facility of a military installation against any actions arising out of the release or threatened release of any hazardous substance or pollutant or contaminant as a result of DOD activities at any military installation that is closed pursuant to a base closure law, unless such entity or person caused or contributed to such release or threatened release. Prohibits the use of FY 1993 environmental restoration funds for the payment of fines or penalties unless the act or omission for which the fine or penalty is imposed arises out of activites funded by those funds. Includes environmental restoration contracts of DOD (currently only R&D contracts) within provisions providing contractor indemnification for claims from an unusually hazardous risk taken by the contractor in fulfilling such contract. Amends CERCLA and other Federal law to extend through December 31, 1995, the authority to issue contractor surety bonds for the performance of environmental response actions in connection with certain defense environmental programs. Prohibits funds appropriated or otherwise made available to DOD for FY 1993 from being used to purchase surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD. Establishes the Legacy Fellowship Program in Natural and Cultural Resource Management (Program) to provide training to civilian and military personnel in the management of natural and cultural resources. Requires at least three fellows to be appointed for participation in such Program. Provides Program funding from FY 1993 DOD authorizations. Authorizes supplemental appropriations for FY 1992 and 1993 for environmental restoration, defense, and the Department of Defense Base Closure Account 1990. Subtitle C: Defense Economic Diversification, Conversion, and Stabilization - Amends the Defense Economic Diversification, Conversion, and Stabilization Act of 1990 to require the Secretary of Defense to be chairman of the Economic Adjustment Committee. (Currently, such chairmanship rotates between the Secretaries of Defense, Commerce, and Labor on a yearly basis.) Directs the Chairman to establish an Executive Council of such Committee to develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to them under programs administered by the Departments of Defense, Commerce, and Labor and the Small Business Administration (SBA). Requires notification to be provided to affected communities, businesses, and workers with respect to the lack of any follow-on contracts or other defense-related contract activity. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authorization of appropriations for certain defense stabilization activities outlined under such Act. Provides an identical extension under such Act with respect to defense conversion adjustment. Directs the Secretary, in consultation with the Secretary of Education, to provide financial assistance to local educational agencies (LEAs) if, without such assistance, such LEA will be unable to provide students in schools of such LEA with a level of education that is equivalent to the minimum level of education available in the schools of the other LEAs in the same State. Outlines additional eligibility requirements. Directs the Secretary, in assisting communities in making adjustments resulting from reductions in the size of the armed forces, to transfer to the Secretary of Education funds to make payments to LEAs that are entitled to receive educational benefits for children of persons who reside or work on Federal property, who are on active duty in the armed forces, or who are refugees. Directs the Secretary to report to the Congress on the LEAs affected by the closures and realignments of military installations and by redeployments of members of the armed forces. Provides funding for such payments to eligible LEAs through FY 1993 DOD operation and maintenance authorizations. Subtitle D: Department of Defense Civilian Personnel Transition Initiatives - Requires the Secretary of the military department concerned, if such Secretary separates an employee from employment under a reduction in force and within two years after such separation seeks to employ a person for that same position or a position in the same competitive area, to first offer the separated employee such position, and to not employ a contract or temporary employee in the position. Requires the Secretary concerned, in seeking to reemploy separated employees but not in a sufficient number to reemploy all such employees, to offer reemployment on the basis of seniority in Federal service. Directs the Office of Personnel Management (OPM) to establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency (except the General Accounting Office and agencies conducting intelligence activities) that are to be filled by appointments for more than one year and for which applications are being accepted from outside the agency work force. Requires such list to be available to the public. Requires the Director of OPM to begin providing such information by toll-free telephone within 120 days after enactment of this Act. Requires an agency, in filling a vacant position for which a qualified displaced employee (a current or former DOD employee notified of termination or separated from employment due to a reduction in force) has properly applied, to give full consideration to such application before selecting any applicant from outside the agency for the position. Provides such preference for 12 months after notice or separation. Requires certain notification to be given, in the case of employees released from employment due to a reduction in force: (1) to the employee; (2) to his or her collective bargaining representative; and (3) if the reduction involves a significant number of employees, to the appropriate State dislocated worker unit and the chief official of the local government concerned. Authorizes the President to shorten the otherwise-required 60-day period of advance notification of such reductions in force because of circumstances not reasonably foreseeable. Amends the Defense Base Closure and Realignment Act of 1990 to provide that the date of notice of termination of employment of an employee of a military installation being closed or realigned under a base closure law (for purposes of determining eligibility for defense conversion adjustment assistance under the Job Training Partnership Act) shall, unless actual notice of termination is given, be 12 months before the closure or realignment is completed. Makes an identical amendment to the Defense Authorization Amendments and Base Closure and Realignment Act. Authorizes the Secretary concerned to pay a civilian employee having been employed for a continuous period of at least 12 months a separation benefit if such employee separates voluntarily from employment by either resignation or retirement. Outlines administrative provisions concerning the payment of such separation benefit, and prohibits such payment for a separation occurring after December 31, 1997. Restores certain leave of a Federal civilian employee of a military installation during the closure of such installation between October 1, 1992, and December 31, 1997. Requires certain reports. Provides for the continuation of certain Federal employee health benefits if the basis for such continuation of coverage is involuntary separation from a DOD position due to a reduction in force, limiting the individual to payments of no more than the required employee contributions for such coverage. Applies Thrift Savings Plan and Civil Service Retirement System benefits to employees (and their spouses) separated from service due to a reduction in force. Authorizes the Secretary and the Secretaries of the military departments to provide up to one year of training to civilian DOD employees who are separated from employment as a result of a reduction in force or the closure or realignment of a military installation. Allows such training between October 1, 1992, and September 30, 1995. Directs the Secretary to publish a register of the skill training programs carried out by DOD. Subtitle E: Other Matters - Extends through April 15, 1994, the authorized period of management by the Secretary of the Defense Business Operations Fund (DBOF). Limits the obligations authorized to be incurred by the Secretary in FY 1993 against the supply management divisions of the DBOF, with an exception when determined critical to U.S. national security. Extends through FY 1994 a required annual report from the Secretary concerning the security and control of DOD supplies. Adds to the information required in such report. Repeals a Federal provision requiring the Secretary to establish guidelines for reductions in the number of civilian DOD employees employed by industrial- or commercial-type activities. Directs the Secretary of the Army to provide for: (1) the operation and maintenance of indoor and outdoor rifle ranges; (2) the instruction of U.S. citizens in marksmanship and the employment of appropriate instructors; (3) the maintenance and management of matches or competitions in the use of such arms and the issue of necessary supplies; (4) the award of trophies; (5) the loan or sale of rifles and their ammunition and related equipment; and (6) the maintenance of the National Board for the Promotion of Rifle Practice. Authorizes such Secretary to issue for use in training and competition certain ammunition to qualifying gun clubs. Provides that amounts collected by such Secretary in the sale of guns and related supplies and ammunition shall be used to support the Civilian Marksmanship Program. Authorizes appropriations. Requires all rifle ranges constructed in whole or in part with funds provided by the United States to be used by members of the armed forces and persons capable of bearing arms. Authorizes the Secretary concerned to establish reasonable fees for use by civilians of a rifle range located on a military installation, to cover material and supply costs. Requires such fees collected to be used to maintain such rifle range. Prohibits civilian use of such range from interfering with any required military use. Provides for the payment of certain expenses of members of the armed forces competing at matches or competitions or attending small-arms firing schools. Allows funds authorized under this Act for operation and maintenance to be used to purchase items not exceeding $100,000 for each item. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal a requirement for a competition pilot program for the depot-level maintenance of materials. Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to provide optional summer school programs in the defense dependents' education system. Directs the Secretary to review the practices and procedures of the military departments regarding the use of civilian airfields in flight training activities of the armed forces, giving special consideration to airfields located in heavily populated areas. Directs the Secretary to sell to South Korea all or any part of obsolete ammunition in DOD inventory which is intended for use as reserve stocks for Korea and is located in a stockpile in South Korea on the date of enactment of this Act. Authorizes the Secretary to acquire logistic support, supplies, and services for elements of the armed forces deployed outside of the United States (currently, deployed in Europe and adjacent waters). Excepts a period of active hostilities involving the armed forces (currently, NATO) from a provision concerning the liabilities that may be accrued by the United States for the acquisition of supplies. Directs the Secretary of a military department or the head of a defense agency, when cost effective, to provide a preference for the procurement of the most energy efficient equipment available that meets the needs or requirements for the procurement. Directs the Secretary, using 50 DOD facilities, to conduct demonstration programs for using energy efficient lighting equipment and energy efficient refrigeration equipment. Requires audits. Requires facility designations and audit completions by specified dates. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Authorizes the Secretary to waive an end strength when considered necessary to prevent personnel imbalances that would impair long-term combat readiness. Authorizes the Secretary to transfer certain amounts appropriated to DOD under this Act in order to prevent involuntary separations that would otherwise be necessary to reduce the size of an armed force to within the authorized end strength. Requires the Secretary to promptly notify the Congress of any such transfers. Authorizes the Secretary to adjust end strengths in the national interest, with limitations to such adjustments for both active-duty and reserve forces. Repeals specified provisions of the National Defense Authorization Act for Fiscal Year 1991 and the National Defense Authorization Act for Fiscal Years 1992 and 1993 which limit reductions in the number of DOD medical personnel. Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to designate up to eight general and flag officer positions within joint duty requirements for exclusion from limitations on the end strengths for general and flag officers on active duty. Subtitle B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Allows such end strengths to be reduced in proportion to the total amount of reserve members on active duty, with a proportionate increase when such personnel return to reserve duty. Prohibits, with specified exceptions, any unit of the Selected Reserve from being inactivated during FY 1993. Requires the Secretary to provide the defense committees with the rationale for any unit inactivation sought. Authorizes end strengths for FY 1993 for reserve personnel serving on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Authorizes the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act. Subtitle D: Funding Authorization - Authorizes appropriations for FY 1993 for the use of the armed forces for military personnel. Title V: Military Personnel Policy - Subtitle A: Reserve Component Matters - Directs the Secretary to ensure that, by the end of FY 1993, a specified number of active Army combat support positions are transferred to the reserve components of the Army. Prohibits the Secretary from reducing the number of Army National Guard or Army Reserve medical personnel below the number existing on September 30, 1992. Extends through FY 1993 certain reserve officer management programs. Prohibits former Army or Air Force reserve officers from being reenlisted if: (1) the person was discharged or released from active duty as a reserve on the basis of misconduct, moral or professional dereliction, duty performance below prescribed standards, or retention being inconsistent with national security; or (2) the person's former enlisted status and grade was based solely on the participation in a precommissioning program that resulted in the reserve commission held by such person before release or discharge. Subtitle B: Services Academies - Prohibits the use of funds appropriated to DOD to support the assignment of more than one general officer to permanent duty at the United States Military Academy and at the United States Air Force Academy or to support the assignment of any general officer in a grade above general to permanent duty at either Academy. Provides a transition provision. Allows the Chairman of the JCS to waive such prohibition to meet unsatisfied requirements for general officer joint duty positions. Directs the Secretary to report to the defense committees a plan for implementing certain recommendations reported by the Comptroller General regarding military preparatory schools. Directs the Secretary to recommend to the defense committees legislation for: (1) establishing an equal number of civilian and military faculty members at the U.S. Military Academy and the U.S. Air Force Academy; and (2) phasing out the assignment of military personnel as permanent professors at those academies. Prohibits funds appropriated to DOD from being used to support the assignment of enlisted personnel for permanent duty in a military band for any service academy band. Prohibits funds made available for pay of military personnel from being used to pay for noninstructional positions at the service academies not certified by the DOD Inspector General as being directly involved in the administration of the faculty or students or in the maintenance of facilities or equipment. Requires each service academy to be under the supervision and control of the commander of the major Army, Navy, or Air Force command having jurisdiction over that department's officer training program. Subtitle C: Officer Personnel Policy - Directs the Secretary to report to the defense committees on the plans of the military departments for the procurement of officer personnel during each of FY 1993 through 1997. Requires a related report on planned officer assignments for commissioned officers who begin their obligated active duty service during such fiscal years. Directs the Secretary to provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each department and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system. Requires a report and provides funding. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to require the conduct of test assignments of female members of each armed force to duty in combat aircraft. Revises provisions concerning selective early retirement to authorize the Secretary concerned to submit to an early retirement selection board the names of all eligible officers who are also in particular year groups, specialties, or retirement categories, or any combination thereof within that competitive category. Provides for the retirement of certain limited duty Navy captains and commanders who have failed twice for promotion to the following grade. Limits the duration of a deferred retirement for such limited duty Navy officers. Subtitle D: Active Forces Transition Enhancements - Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations. Directs the Secretary to: (1) develop proposed uniform standards and procedures for the granting of appropriate credit for service in the armed forces under State teacher certification or licensing procedures; and (2) coordinate with appropriate State agencies the incorporation of such standards and procedures into such State's certification or licensing requirements. Authorizes the Secretary to delegate his responsibilities to the Secretary of Education. Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements, and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995. Authorizes the Secretary concerned, upon the member's request, to grant an early retirement to regular or reserve commissioned officers in their respective military departments who have served between 15 and 20 years, as long as such members agree to register on the public or community service registry maintained under this Act by the Secretary and receive counseling regarding such job opportunities. Provides for the computation of the retired pay of members so retired, and provides funding for the implementation of such early retirement. Terminates such authority on October 1, 1995. Provides that if a member so retired is actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service which includes the years of public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for the purpose of payment of survivor annuities. Allows active-duty personnel who are voluntarily discharged or released from the armed forces, who have completed a program of education leading to a standard college degree, and who previously made an election while on active duty not to participate in the Montgomery GI Bill educational assistance program to withdraw such election within 90 days after discharge or release and participate in the program. Requires a $1,200 payment to the Secretary of Veterans Affairs by such individuals for participation in the program. Provides that, except for annual training or active duty for training of 30 days or less, a reserve member entitled to voluntary separation incentive payments who is also entitled to basic pay for active service shall forfeit an amount of voluntary separation incentive pay which is equal to the total amount of basic pay received during such concurrent periods. Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty. Directs the Secretary and the Director of OPM to jointly carry out a program to provide eligible persons with temporary health benefits under the program of continued health coverage provided for former civilian employees of the Government. Makes eligible for such continued coverage members who were voluntarily or involuntarily discharged or released from active duty under other than adverse conditions, were entitled to medical and dental care prior to such discharge or release, and would not otherwise be eligible for such benefits after such discharge or release and any applicable period of transitional health care. Outlines provisions concerning: (1) notification by the Director of eligibility; (2) election by the member to receive such continued benefits; (3) coverage of dependents; (4) charges for such coverage, to be paid into the Employees Health Benefits Fund; (5) contributions into such Fund by the Secretary in the case of coverage for a member involuntarily discharged; (6) the period of continued coverage; (7) transitional provisions; and (8) termination of other health conversion policies upon election of coverage under the above health benefits continuation program. Subtitle E: Guard and Reserve Transition Initiatives - Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction transition period (period), no unit in the Selected Reserve may be inactivated and no such member may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly, with respect to their service to their country, and with attention to the adverse personal consequences of unit deactivation or involuntary discharges or transfers. States that the protections afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay. Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length of such annual payments as well as its computation. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides funding. Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date and before October 1, 1995, has completed at least 15 years of service and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and are involuntarily discharged or transferred from the Selected Reserve. Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the period. Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for one year after such cessation or one year after the enactment of this Act, whichever is later. Increases from 120 to 365 days after the involuntary termination as a member of the Selected Reserve the period during which continued coverage under Servicemen's Group Life Insurance will be provided, as long as such member is able to fulfill certain other requirements for eligibility for such insurance. Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of the service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions. Subtitle F: Other Matters - Provides for retention on active duty until the completion of 20 retirement-eligible years of service for certain enlisted regular and reserve members who have completed at least 18, but less than 20 years of such creditable service. Reduces from 300 to 240 the authorized number of enlisted personnel to be assigned to duty at any one time as enlisted aides. Allows the assignment as an enlisted aide to the personal staff of an officer only if such officer is a commander. Limits the authorized amount of FY 1993 DOD funds that may be expended for the costs of permanent changes of station. Reduces the number of personnel authorized to carry out recruiting activities during FY 1994 to 90 percent of that authorized for FY 1992. Limits to 3,500 the total number of Junior Reserve Officers' Training Corps units that may be established and maintained by the military departments. Authorizes the Secretary concerned to pay the entire amount of such educational costs to an institution if the Secretary determines such to be in the national interest and the interest of the community of that institution. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives during FY 1993 a required pay increase for military personnel in conformity with the annual GS-level increase for the Federal Government. Increases by 3.7 percent the rates of basic pay, basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1993. Provides temporary rates of basic pay for the period after December 31, 1992, and before October 1, 1995, for certain noncommissioned officers and warrant officers and for certain colonels and Navy captains. Extends through FY 1993: (1) the enlistment and reenlistment bonus for members possessing critical skills; (2) the aviator retention bonus; (3) the bonuses for reserve enlistments, reenlistments, affiliations and extensions; (4) the special pay authority for enlisted members of the Selected Reserve assigned to high priority units; (5) the period for repayment of education loans for certain health professionals who serve in the Selected Reserve; (6) the accession bonus for registered nurses; (7) the nurse candidate accession program; and (8) the special pay for nurse anesthetists. Subtitle B: Other Matters - Directs the Secretary to report to the defense committees the Secretary's recommendations for legislation permitting the concurrent payment to members and former members of the armed forces of full military retirement benefits and full compensation for service-connected disabilities payable under laws administered by the Secretary of Veterans Affairs. Directs the Secretary to reserve in a DOD contingency fund a sufficient amount to ensure such concurrent payments in FY 1994 if such legislation is enacted. Expands the expenses considered reimbursable under a DOD adoption expenses programs covering members adopting a child under 18 years of age to include expenses relating to pregnancy and childbirth for the biological mother, and temporary foster care charges when payment of such charges is required immediately before the child's placement. Includes transportation expenses relating to the adoption, with exceptions. Makes identical expansions under the Coast Guard adoption expenses coverage program. Prohibits any person from having any lien on baggage and household goods being transported for military personnel at Government expense or on a motor vehicle being so transported. Authorizes the payment of an advance of pay of up to two months' basic pay to a member on duty outside the United States or other place designated by the President if the member or his or her dependents are ordered to be evacuated by competent authority. Provides an increase in a recomputed retirement pay for certain enlisted members credited with extraordinary heroism in the line of duty during a period of active service. Includes certain travel and transportation allowances within the benefits authorized under the special separation benefits program (a program of voluntary separation from the armed forces in return for the receipt of certain benefits). Authorizes the payment of retired pay for a person who, before August 16, 1945, was a member of the reserves, if such person performed at least 20 years of retirement-creditable service. Excludes certain service before such date in the computation of retirement-creditable service. Provides a subsistence for expenses incurred by a member of the armed forces while performing duties as an escort of an arms control inspection team of a foreign country while the team is engaged in activities relating to the implementation of an arms control treaty or agreement. Title VII: Health Care Provisions - Authorizes a chiropractor who is qualified under regulations prescribed by the Secretary of the military department concerned to be appointed as a regular commissioned officer in the Army Medical Service Corps, the Navy Medical Corps, or in the Air Force for designation as a chiropractic officer. Revises the dependents' dental program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) by: (1) repealing the authority for the provision of a supplemental dental benefits plan for spouses and children of active-duty personnel; (2) increasing to up to $20 monthly (currently $10) the member premium for such coverage; (3) expanding such coverage to include orthodontic services, crowns, gold fillings, bridges, and complete or partial dentures; (4) requiring a percentage payment as determined appropriate by the Secretary for the services provided under such expanded coverage; and (5) directing the Secretary to devise and implement a program for the improvement of the provision of dental benefits to such members' dependents. Expresses the sense of the Congress that members of the armed forces, and their dependents and survivors, should have access to health care under the health care delivery system of the armed forces regardless of age or health care status. Outlines specified action to be taken under a comprehensive managed health care plan for such individuals by the Secretaries of Defense, Health and Human Services, and Transportation. Directs the Secretary to establish a joint services working group on the provision of military health care to persons who rely for health care on health care facilities at military installations being closed or realigned. Requires the working group to solicit views from those affected by such closures or realignments regarding suitable substitutes for such care. Requires the working group to recommend to the Congress and the Secretary alternative means of providing accessible health care to such individuals. Directs the Secretary to: (1) establish a program that permits eligible individuals to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under CHAMPUS; and (2) conduct the program in two or more regions, each region consisting of two or more States. Defines as persons eligible for such program any person entitled to medical care under a CHAMPUS contract, or a person over 65 years of age and living in an area affected by the closure of a health care facility as a result of the closure or realignment of a military installation at which the facility is located. Requires: (1) a fee to be charged individuals for the pharmaceuticals; and (2) a report. Directs the Secretaries of Defense, Health and Human Services, and Transportation to conduct annually a formal survey of CHAMPUS beneficiaries with regard to the availability of, familiarity with, and effectiveness of, such health care system. Reduces from $10,000 to $7,500 the maximum yearly cost of CHAMPUS health care required to be paid by a former member of the armed forces or an individual or family of two or more persons, effective as of FY 1993. Includes certain renal disease patients under Medicare coverage under an exception authorizing the continuation of concurrent CHAMPUS coverage for such patients. Applies such concurrent coverage with respect to health care benefits or services received after FY 1991 if such benefits would have been covered under a plan contracted for under CHAMPUS. Allows home health services and other services in connection with extraordinary physical or psychological conditions to be provided through CHAMPUS only through a program of individualized case management established by the Secretary and in a manner determined to be cost-effective and appropriate. Directs the Secretary and the Secretary of Health and Human Services (HHS) to jointly conduct a demonstration project that provides for the Secretary of HHS to reimburse DOD for health care services furnished to Medicare-eligible persons at a DOD health care facility. Requires amounts reimbursed to be used at that facility for the furnishing and expansion of health care services. Requires a report. Directs the Secretary to: (1) conduct a study of the feasibility and advisability of entering into risk-sharing contracts with health care organizations to furnish health care services to person entitled to such care in a military health care facility; (2) if determined feasible, develop a plan for entering into such contracts; and (3) report study results to the Congress. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to undertake a comprehensive review of the Federal employees health benefits program in order to determine whether furnishing health care under a similar program to CHAMPUS-eligible persons would be more efficient and cost-effective. Directs the Secretary to provide by contract for the operation of a health claims processing center to be known as the National Centralized Claims Processing System for CHAMPUS (Center). Requires: (1) the Center to commence operations within five years after enactment of this Act; and (2) competitive procedures for entering into such a contract. Outlines Center information collection, storage, and processing activities. Requires claims submitted to conform to requirements applicable to claims submitted under part A of Medicare. Requires the Secretary to determine whether the use of a standard identification card containing electronically readable information will enhance the capabilities of the Center. Directs the Secretary, during FY 1993 through 1996, to continue to test a broad array of reform options for furnishing health care to eligible persons under the CHAMPUS health care reform initiative. Directs the Secretary to ensure that a replacement or successor contract for the CHAMPUS Reform Initiative contract applicable for California and Hawaii is awarded in time to begin provision of health care there under the new contract by August 1, 1993. Directs the Secretary to provide by contract for a person outside the Government to perform an evaluation of the conduct of the CHAMPUS Reform Initiative in California and Hawaii, and to report evaluation results to the Secretary and the Congress. Directs the Secretary to modify the Policy Guidelines on the Department of Defense Coordinated Care Program to provide covered beneficiaries with additional positive incentives to enroll in the DOD coordinated care program. Directs the Secretary, as part of such incentive review, to consider the extent to which covered beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval. Prohibits the Secretary from denying access to military treatment facilities to those not enrolled in the program, while allowing the Secretary to establish reasonable admission preferences for those enrolled in the program as an incentive to encourage enrollment. Excludes certain unmarried incapacitated legitimate children of members or former members of the armed forces from CHAMPUS coverage. Entitles a member of the armed forces who is on duty at a station outside the United States (and any accompanying dependent) to the provision of any reproductive health service in a military medical facility outside of the United States serving that duty station in the same manner as any other type of medical care. Requires the member to pay the full cost of receiving such care. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Defense Conversion Policy for the National Defense Technology and Industrial Base - Sets forth provisions concerning the National Defense Technology and Industrial Base (NDTIB). Outlines NDTIB policy objectives and how they relate to defense conversion and civil-military integration objectives. Establishes the National Defense Technology and Industrial Base Council (Council) to provide overall policy guidance and direction to the military departments and defense agencies concerning: (1) the capabilities of the NDTIB to meet U.S. national security objectives; (2) programs for achieving the defense conversion objectives set forth; and (3) changes in acquisition policy that would strengthen the NDTIB. Directs the Council to prepare a comprehensive annual assessment of the NDTIB to achieve its stated objectives. Requires each assessment to include a sector (technology or industry) capability analysis containing specified information with respect to its ability to achieve the stated objectives. Outlines factors concerning foreign dependency on raw materials, systems, equipment, and facilities to be addressed in each assessment. Requires each such assessment to also include: (1) an analysis of the present and projected financial condition of each sector for specified periods; (2) an analysis of the impact of the terminations and significant reductions of major R&D programs and procurement programs of DOD on the capability of each sector to achieve its objectives; (3) a critical technology analysis that identifies the product and process technologies that are most critical for attaining the technology and industrial base objectives; and (4) an analysis of each sector's viability in light of defense and nondefense expenditures, integration with the commercial marketplace, and production. Directs the Council to prepare an annual plan for ensuring that the policies and programs of DOD, the Department of Energy (DOE), and other Federal departments and agencies are planned, coordinated, funded, and implemented in a manner which achieves policy objectives. Requires each plan to provide specific guidance, including goals, milestones, and priorities, with respect to: (1) sector viability; (2) manufacturing technology; (3) critical technologies; (4) integrated financing; (5) civil-military integration; (6) defense conversion; (7) technology and industrial base work force; (8) major program acquisition; and (9) acquisition reform. Requires the plan to establish funding priorities for each area of guidance. Directs the Secretary to provide the annual plan to the Secretaries of the military departments and the heads of other affected elements of DOD. Directs the Secretaries of Energy and Commerce to provide such guidance to appropriate officials within their respective departments. Requires an annual report by the Secretary to the Congress on the plan and the NDTIB assessment prepared for that year. Directs the Council to establish a federally funded R&D center to be known as the National Defense Center for Analysis of the Technology and Industrial Base (NDC). Outlines NDC duties with respect to the NDTIB, including assembling of information, studies and analyses, provision of technical support and assistance, and dissemination of unclassified information gathered. Directs the Secretary to prescribe regulations requiring consideration of the NDTIB in the development and implementation of acquisition plans for each major defense acquisition program. Outlines required contents of such acquisition plans, implementation provisions, and required dates for annual assessments of such plans. Requires the Council to establish the NDC within six months after enactment of this Act. Sets forth provisions concerning dual-use technologies (technologies having both commercial and military applications). Directs the Secretary to conduct a program providing for the establishment of cooperative arrangements (partnerships) between DOD and certain non-DOD entities (nonprofit research corporations, Federal laboratories, institutions of higher education, agencies of State governments, and other entities showing support for such work) in order to encourage and provide for research, development, and application of technologies to attain the NDTIB objectives. Limits partnership duration to five years. Provides 50 percent Federal funding of the partnership for the first year, reduced by ten percent each year of the partnership. Provides for consideration of in-kind contributions by non-Government participants in a partnership when determining the sharing of partnership costs. Requires competitive procedures to be used in the establishment of such partnerships. Outlines partnership selection criteria, and authorizes the Director of Defense Research and Engineering to perform the responsibilities of the Secretary under the partnerships. Renames the current critical technology application centers assistance program as the regional technology alliances assistance program. Provides funding for: (1) defense dual-use critical technology partnerships; (2) commercial-military integration partnerships; (3) defense regional technology alliances; and (4) the overseas critical technology monitoring and assessment financial assistance program. Directs the Secretary to establish within his Office the Office of Technology Transition to ensure that technology developed for national security purposes is integrated into the private sector of the United States in order to enhance the NDTIB. Provides further duties of the Office, and requires the Secretary to report to the defense committees on Office activities. Requires such Office to commence operations within 180 days after enactment of this Act. Directs the Secretary to establish a National Defense Manufacturing Technology Program to: (1) provide centralized guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; (2) direct the development and implementation of DOD goals, plans, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment; (3) improve the quality and practices of businesses providing goods and services to DOD; (4) promote dual-use manufacturing processes; (5) disseminate to businesses information concerning improved manufacturing concepts; (6) enhance the skills of the manufacturing work force; and (7) ensure appropriate coordination between the manufacturing technology and industrial preparedness programs of DOD and similar programs undertaken by other Federal departments and agencies and the private sector. Requires the Secretary to revise the program on an annual basis. Authorizes the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the manufacturing technology program. Earmarks specified amounts authorized for R&D under this Act for: (1) defense advanced manufacturing technology partnerships; (2) manufacturing technology extension programs; and (3) defense manufacturing education programs. Sets forth provisions concerning miscellaneous technology base policies and programs. Directs the Secretary to establish a program to achieve the NDTIB objectives set forth under this Act by providing dual-use enhancement capability support to various nonprofit, public, and private organizations. Outlines services provided under the program. Provides Federal funding of such program of 50 percent in the first year, 40 percent in the second year, and 30 percent in the third and following years. Outlines criteria for the selection of a program to receive such assistance, including the extent to which the program advances and enhances the NDTIB objectives. Directs the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the dual-use assistance extension program. Provides program funding from funds authorized to be appropriated to DOD under this Act. Reorganizes various Federal provisions relating to the NDTIB, and repeals inconsistent provisions. Earmarks specified funds for FY 1993 and thereafter for research and R&D activities under the Small Business Innovation Research Program (SBIR). Limits the amounts paid to a small business concern by DOD under the SBIR. Directs the Secretary to develop and issue a strategy for effectuating the transition of successful projects under the SBIR from phase II to phase III of the program. Extends through FY 1999 the SBIR within DOD. Directs the Secretary, during FY 1993, to give priority in the allocation of specified funds, including SBIR funds, to programs, projects, and activities that provide significant assistance for converting the capabilities of businesses that are economically dependent on DOD business to capabilities having both defense and nondefense commercial applications. Establishes the Advanced Research Projects Agency (Agency) as a defense agency, headed by a Director with assistance from a Deputy Director. Makes the Agency the central R&D organization of DOD, with specified defense R&D duties. Subtitle B: Acquisition Assistance Programs - Amends the Small Business Act to provide that a Government defense procurement contracting officer entering into a contract with a small business is not required to refer a determination of nonresponsibility made by that officer to the SBA unless the small business requests a determination of its responsibility, and the issuance of a certificate of responsibility, by the SBA. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1994 a test program for the negotiation of small business subcontracting plans. Limits the FY 1994 participants in such program. Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1999 the test program of contracting for printing-related services for DOD with disadvantaged small business concerns. Extends through FY 2000 the requirement for DOD to extend five percent of its defense procurement contracts to disadvantaged small businesses, historically Black colleges and universities, and other minority institutions. Directs the Secretary to actively monitor and assess the progress of the military departments, defense agencies and prime contractor of DOD in attaining such goal. Authorizes a person to request the Secretary to determine whether the use of small business set asides by a DOD contracting activity has caused a particular industry category to bear a disproportionate share of the progress made toward attainment of the small business contracting goal. Earmarks specified funds from this Act for FY 1993 for infrastructure assistance to historically Black colleges and universities and minority institutions. Earmarks specified FY 1993 funds made available under this Act for the pilot Mentor-Protege Program established under the National Defense Authorization Act for Fiscal Year 1991. Earmarks specified amounts of such earmarked funds for the direct reimbursement of developmental assistance costs incurred by mentor firms under major defense acquisition programs in the participation of such firms in the Program. Requests the Secretary to publish the DOD policy for such Program as required under Federal law within 15 days after enactment of this Act. Prohibits the SBA from making a disadvantaged small business concern ineligible to receive any assistance authorized under the Small Business Act because of participation in, or receipt of developmental assistance under, the Mentor-Protege Program. Directs the Secretary to determine the status of a small business as a disadvantaged small business. Repeals a provision prohibiting a protege firm from being considered an affiliate of a mentor firm for purposes of the Small Business Act solely on the basis of such a relationship under the Mentor-Protege Program. Earmarks specified FY 1993 funds authorized under this Act for the procurement technical assistance cooperative agreement program, further earmarking specified portions of such funds for specific programs under such program. Subtitle C: Miscellaneous Acquisition Policy Matters - Extends through FY 1994 a program for the use of master agreements for the procurement of advisory and assistance services. Revises the definition of a major defense acquisition program (MDAP) to include those programs which require an eventual total for R&D of more than $300,000,000 (currently $200,000,000) or an eventual total for procurement of more than $1,800,000,000 (currently $1,000,000,000), both figures based on constant FY 1990 (currently 1980) dollars. Authorizes the Secretary to adjust such amounts on the basis of DOD cost escalation rates, with written notification of such adjustments to the defense committees. Authorizes the Secretary to waive the requirement for submission of Selected Acquisition Reports (SAR) for a program for a fiscal year under specified circumstances, requiring written notification of such waivers to the defense committees. Provides identical requirements for changes in the contents of an SAR. Revises provisions concerning information required to be included in each SAR for the first quarter of a fiscal year, as well as delivery dates of reports by a MDAP program manager of the unit costs of that program. Requires an additional SAR when the Secretary of the military department concerned determines that the program acquisition or current procurement unit cost of a MDAP has increased by at least 15 percent. Waives a current Federal provision prohibiting the payment of severance pay to foreign nationals when the head of an agency awarding the contract makes certain determinations with respect to such payments. Directs the Secretary to report annually to the defense committees on any agency head use of such waiver authority. Prohibits the purchase by entities controlled by foreign governments of a company that is performing a DOD contract, a DOE contract under a national security program, or DOD or DOE prime contracts in an amount in excess of $500,000,000. Provides exceptions. Prohibits a DOD or DOE contract under a national security program from being awarded to a company owned by an entity controlled by a foreign government if it is necessary for that company to be given access to information in a proscribed (classified) category of information in order to perform the contract. Authorizes the Secretary to waive such prohibition for national security interests. Makes the policy of DOD with respect to the disposition of any invention made during the performance of a federally funded R&D contract, grant, or cooperative agreement identical to Federal provisions concerning patent rights in inventions made with Federal assistance. Waives such rights with respect to awards not covered under chapter 18 when the Secretary makes certain determinations. Provides an invention confidentiality requirement. Authorizes a contractor to resubmit a certification of a claim under a shipbuilding contract if the certification is determined to be deficient because of the position, status, or scope of authority of the person executing the certification. Requires such resubmission within 30 days of notification of a deficient certification. Amends the Arms Export Control Act and other Federal provisions to authorize DOD to share equitably with U.S. allies involved in a joint R&D contract the costs of claims with respect to any such R&D programs. Requires a firm that is performing a DOD contract in excess of $10,000,000 to notify DOD in advance of any intention to perform outside the United States any part of such contract in excess of $500,000 which could be performed in the United States. Makes such requirement inapplicable to contracts for military construction. Disallows the payment of an indirect cost under a covered defense contract if such cost violates a principle in the Federal Acquisition Regulation or the DOD Supplement to the Federal Acquisition Regulation. Requires the Secretary to assess a penalty against any contractor attempting to receive reimbursement for such a cost. Provides for the waiver of such penalty in prescribed circumstances. Directs the Secretary to carry out a science and technology fellowship program to enhance the ability of DOD to recruit and retain employees who are highly qualified in the fields of science and technology. Requires the Secretary to support a fellow under such program in a related research or teaching field in such areas after two years of Federal service as an employee in a science or technology position at DOD. Allows a contractor that has participated in defense system development, production, or testing solely as a representative of the Federal Government to be involved in the establishment of criteria for data collection, performance assessment, or evaluation activities for the operational test and evaluation of such system. Directs the Secretary to prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition from terminating or substantially reducing its participation in such program without the approval of the Under Secretary. Prohibits the Secretary from procuring a sonobuoy in a foreign country unless U.S. firms that manufacture sonobuoys are permitted to compete on an equal basis with foreign manufacturing firms for the sale of such buoys in that foreign country. Provides a waiver in the interest of national security. Defines "units to be procured until procurement is completed" under the shipbuilding total program reporting requirement. Title IX: Department of Defense Organization and Management - Subtitle A: General Matters - Requires transmission to the Congress after January 1, 1992, by the Secretary of a report of the Chairman of the JCS with respect to the roles and missions of the armed forces in the post-Cold War era. Designates the Vice Chairman of the JCS as a member of the JCS. Directs the Chairman of the JCS to establish on the JCS the position of the Assistant to the Chairman of the Joint Chiefs of Staff for National Guard and Reserve Affairs, to be the principal adviser to the Chairman on matters concerning the reserve components. Directs the Secretary of the Navy to consolidate and streamline the Navy headquarters establishments within the Office of the Chief of Naval Operations to reflect changes in the roles and missions of the Navy. Designates as one of the Assistant Chiefs of Naval Operations the Assistant Chief of Naval Operations for Expeditionary Warfare, to supervise the performance of all responsibilities of the Chief regarding expeditionary warfare. Directs the Secretary to make certain certifications to the defense committees with respect to the assignment of functions and personnel for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the special operations command. Provides an alternative to such certifications. Extends through calendar year 1998 the requirement of a joint duty assignment as a prerequisite for promotion to a general or flag officer. Revises provisions regarding the education and experience requirement for such promotion. Provides that an officer shall be considered to have completed a full tour of duty in a joint duty assignment upon the successful completion of an assignment which gives such officer significant experience in joint duty matters through specified commands, military departments, or defense agencies. Directs the Secretary to credit as having completed a full tour of duty in a joint duty assignment, for promotion purposes, officers who performed duty in the Persian Gulf combat zone that either provided significant experience in joint matters or involved frequent professional interaction with units and members of another U.S. military department or an allied armed force. Requires the concurrence of the commanding officer of that officer's service branch before such crediting will be allowed. Makes certain reporting and policy requirements inapplicable to officers for whom such joint duty crediting has been granted. Directs the Secretary to include in the annual defense budget report required to be submitted to the Congress certain information with respect to the total number of officers for whom such joint duty credit was granted. Authorizes the Chairman of the JCS to provide funds from the CINC Initiative Fund to the Director of the Joint Staff with respect to an area not within the responsibility of a commander of a combatant command. Directs the Chairman to give priority consideration in the provision of funds to the Director for activities: (1) that would enhance the war fighting capability, readiness, or sustainability of the forces involved; or (2) that would reduce the threat to, or otherwise increase, the national security. Limits to $5,000,000 the funding to provide military education and training to military and related civilian personnel of foreign countries. Directs the Secretary to reestablish within his Office the position of Deputy Assistant Secretary of Defense for Equal Opportunity (Deputy) and require such official to carry out the same or similar duties that were formerly carried out by the Deputy before such position was abolished. Directs the Secretary, within ten days after enactment of this Act, to rescind or revise a certain memorandum of the Deputy Secretary of Defense relating to the delivery of legal services within DOD. Directs the Secretary to establish a Commission on the Conduct and Review of Investigations in the Department of Defense (Commission). Requires the Commission to review, and recommend changes in, policies, procedures, and practices of DOD concerning the conduct and review of investigations. Requires the Commission to report its findings to the Secretary, who in turn is required to transmit the report to the defense committees, together with his comments and recommendations. Expresses the sense of the Congress that the Army and Marine Corps should intensify efforts to eliminate unnecessary duplication, to improve interservice coordination, and to specialize in areas in which each has a comparative advantage, especially as such goals relate to the provision of armor, artillery, and other high-intensity combat items and related equipment and supplies. Requires the Chairman of the JCS to examine and make recommendations with respect to equipping the Marine Corps with armor, heavy artillery, and other related weapons so as to be capable of sustaining high-intensity combat independent of the other military departments. Directs the Secretary to study the operational support airlift aircraft and administrative transport airlift aircraft operated by the National Guard and reserve components. Directs the Secretary to ensure that the defense committees are fully and currently informed of all operational activities carried out by members of the armed forces or employees of DOD. Requires the head of any other Federal department or agency to submit to such committees any information requested relating to any operational activities carried out in their department or agency. Prohibits the obligation of more than 50 percent of the authorized funding for specified aircraft or missile programs until 60 days after the Secretary has submitted certain reports to the Congress. Subtitle B: Drug Interdiction and Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) extend through FY 1994 the authority of the Secretary to provide support for the counter-drug activities of any other Federal department or agency or a State, local, or foreign law enforcement agency; and (2) add to such authorized support services the detection, monitoring, and movement of traffic at, near, and outside U.S. geographical boundaries, as well as linguist and intelligence analysis services. Amend the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1997 the authority of the Secretary to transfer excess personal property to other Federal and State agencies. Directs the Secretary to study, and report to the Congress on, the land-, sea-, or air-based systems used by DOD in carrying out activites relating to the reconnaissance, detection, and monitoring of drug traffic. Prohibits the obligation of FY 1993 funds for such purposes until such report is submitted. Directs the Secretary to conduct an outreach program aimed at reducing the demand among youths for illegal drugs. Authorizes the use of funds made available under this Act for drug interdiction and counter-drug activities for the outreach program. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in this Division for FY 1993 between any such authorizations for that fiscal year (or any subdivisions thereof), to be merged with and available for the same purposes as the authorization to which transferred. Limits to $1,500,000,000 the total amount of authorizations which may be so transferred. Requires the Secretary to promptly notify the Congress of any such transfers. Directs the Secretary to submit to the Congress with the annual defense budget a multiyear defense budget consistent with a required multiyear defense plan. Requires the DOD military programs in such budget to be organized on the basis of major roles, missions, or forces of DOD. Amends the National Defense Authorization Act for Fiscal Year 1991 to provide specified additional transition authority with respect to closing or expired DOD appropriation accounts. Subtitle B: Supplemental Authorization of Appropriations for Operation Desert Storm - Amends the Persian Gulf Supplemental Authorization and Personnel Benefits Act of 1991 to extend through FY 1993 provisions relating to the establishment of the Persian Gulf Working Capital Account, the authorization of supplemental appropriations to such Account, and monthly reports on transfers to such Account. Authorizes additional appropriations for FY 1992 and 1993 to such account for military personnel and increases the authorized transfers for each fiscal year authorized under such Act by the amount of additional funds authorized to be appropriated by this Act. Subtitle C: Defense Maritime Logistical Readiness - Repeals Federal law allowing only vessels of the United States to be used in the transportation by sea of supplies bought for the armed forces. Directs the Secretary to: (1) prescribe regulations and establish practices for the procurement of transportation by water and related distributions services for DOD cargoes; (2) ensure that all studies and reports of DOD and all actions taken in DOD concerning sealift and related intermodal transportation requirements take into consideration the full range of transportation and distribution capabilities that are available from operators of privately-owned U.S. flag merchant vessels; (3) afford each operator of such a privately-owned U.S. flag vessel at least an annual opportunity to present to DOD information of its port-to-port intermodal transportation capabilities; (4) ensure private vessel owner participation in studies and reports on intermodal transportation possibilities; and (5) submit to the Secretary of Transportation an annual certification of compliance with such requirements. Prohibits, except in time of war, national emergency, or other exigent circumstances, vessels owned by the United States from being operated in competition with privately-owned U.S. flag commercial merchant vessels. Requires DOD cargoes to be transported on such private vessels whenever such vessels are available with reasonable timeliness. Allows U.S.-owned vessels to be used when such reasonable timeliness requirement cannot be met by such private vessels. Allows foreign flag vessels to be used when no private or U.S.-owned vessels are available. Prohibits a contract for the transportation of DOD cargoes by water to include terms or conditions which impair the ability of the contractor to own or operate foreign flag vessels in addition to the U.S.-flag merchant vessels, or which limit the contractor's ability to meet its common carrier obligations to the general public (with an exception to the latter prohibition in time of war or national emergency). Directs the Secretary to enter into logistics readiness agreements with contractors of privately owned U.S.-flag vessels under which the contractor shall, in time of war, national emergency, or foreign crisis, provide services to meet DOD cargo water transportation requirements. Provides required contract provisions. Requires the Secretary to submit to the Secretary of Transportation at least annually the DOD projections of weekly requirements, in excess of normal peacetime requirements, for the transportation of DOD cargoes to meet logistics and war fighting requirements in such exigent circumstances. Provides for the payment to contractors of foreign charges incurred under such transportation contracts. Provides transition provisions. Directs the Secretary and the Secretary of Transportation to promptly take appropriate actions to modernize, update, revise, or eliminate the current Sealift Readiness Program consistent with changes brought about by this Subtitle. Prohibits any Federal agency from requiring a party to a logistics readiness agreement to enter into or remain enrolled in the Sealift Readiness Program as a condition for being awarded a contract to provide transportation or distribution services under this Subtitle. Subtitle D: Technical Amendments - Makes technical amendments to Federal armed forces provisions. States as a policy of the Congress that qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to provide approved commodities and services as subcontractors and suppliers under contracts awarded by DOD. Provides that, in the case of a business concern that has negotiated a small business subcontracting plan with a military department or defense agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan. Terminates such provision at the end of FY 1994. Subtitle E: Miscellaneous Matters - Directs the Secretary to report to the defense committees on the U.S. strategic posture in the Middle East and Persian Gulf regions. Requires such report to include a military threat assessment for such regions. Directs the Secretary to conduct, and report to the defense committees on, an analysis of options for providing forward presence of naval forces during peacetime. Expresses as U.S. policy the opposition to restrictive trade practices fostered or imposed by foreign countries against other countries friendly to the United States or against any other U.S. persons. Prohibits any DOD prime contract in excess of the small purchase threshold from being awarded to any foreign person, company, or entity unless such entity certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel. Authorizes the Secretary to waive such prohibition in specific instances when necessary for national security, requiring notice to the Congress of each such waiver. Provides other exceptions to such prohibition. Authorizes the Secretary of the Army to employ as many professors, instructors, and lecturers at the Defense Language Institute Foreign Language Center as the Secretary considers necessary. Provides transition and savings provisions. Allows employees who moved after December 31, 1986, and before April 1, 1991, between different leave systems (appropriated vs. nonappropriated fund employment positions) to elect between the receipt of accrued leave or a lump-sum payment for such leave upon such transfer. Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia. Outlines objects and purposes, and prohibits discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Recognizes and grants a Federal charter to the Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of Colorado. Provides corporation objects and purposes, membership, and restrictions, including a prohibition against discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Authorizes the Secretary, during FY 1993 through 1995, to conduct a program to commemorate the 50th anniversary of World War II and to coordinate, support, and facilitate other such commemoration programs and activities of Federal, State, and local governments, as well as private persons. Provides funding for such activities from defense agencies operation and maintenance funds for such fiscal years. Establishes in the Treasury the Department of Defense 50th Anniversary of World War II Commemoration Account. Eliminates certain reporting requirements contained in Federal armed forces provisions and other specified Federal law. Authorizes the transfer of excess construction or fire equipment from DOD stocks to any foreign country or international organization prescribed under provisions of the Foreign Assistance Act of 1961 or the Arms Export Control Act, but only if: (1) no Federal department or agency other than DOD and no State submits a request for such equipment during a specified period; or (2) the President determines that the transfer is necessary in order to respond to an emergency for which the equipment is especially suited. Prohibits, with an exception, the use of funds appropriated or otherwise made available to DOD during FY 1992 for the construction or capitalization of specified military museums, or the renovation of a certain submarine for use by an Oregon museum. Authorizes the Secretary of the Army to award fellowships in military history to citizens and nationals of the United States who are graduate students in U.S. military history, have completed their doctoral requirements other than a dissertation, and agree to prepare a dissertation in an area of military history determined by the Secretary. Directs the Secretary of the Navy to transfer certain vessels to the Department of Transportation to be assigned as training ships to Texas A&M University and the Maine Maritime Academy. Repeals a Federal provision requiring the construction in a U.S. navy yard of the first and each succeeding alternate U.S. combatant and escort vessel. Provides for a method of liquidation of credits and liabilities of parties to cooperative military airlift agreements. Adds Japan and Korea to the list of countries eligible for such agreements. Amends the National Defense Authorization Act for Fiscal Year 1987 to authorize a general or flag officer grade for the commanders of the U.S. Southern Command and the U.S. Central Command. Makes permanent (currently expires as of September 30, 1992) the authority of the Secretary to pay the travel, subsistence, and other personal expenses of defense personnel of developing countries for their attendance at bilateral or regional cooperation conferences and programs. Subjects a person appointed as a judge of the U.S. Court of Military Appeals to the Federal Employees' Retirement System (FERS) as of the date of the appointment. Provides transition provisions for those judges who are currently subject to the Civil Service Retirement and Disability System (CSRS), allowing continued coverage (upon election) under CSRS or a refund under their former CSRS and election to be covered under FERS. Provides for deposit into the Thrift Savings Fund of a lump-sum payment representing the contribution difference required under the two plans. Designates as chief judge of the U.S. Court of Military Appeals the senior in commission among the judges who: (1) has served for one or more years as judge; and (2) has not previously served as chief judge. Provides for a chief judge term of five years, with a continuation of such term if there are no other judges eligible for chief judge at the end of such term. Provides for the early termination of such five-year term under certain circumstances. Provides transition provisions to cover the current chief judge. Revises the Uniform Code of Military Justice with respect to: (1) jurisdiction; (2) certain adjudications and postponements of sentences; and (3) offenses relating to the drunken or reckless operation of a vehicle, aircraft, or vessel. Directs the Secretary to establish the Civil-Military Cooperative Action Program under which the Secretary may use the skills, capabilities, and resources of the armed forces to assist civilian efforts to meet the domestic needs of the United States. Outlines Program objectives. Directs the Secretary to encourage the establishment of advisory councils on civil-military cooperation at the regional, State, and local levels, as appropriate, in order to obtain recommendations for projects and activites and guidance for the Program from persons who are familiar with regional, State, and local conditions and needs. Directs the Secretary to prescribe specified rules and regulations governing the provision of assistance under the Program. Authorizes the Chief of the National Guard Bureau, during FY 1993 through 1995, to conduct a pilot program to be known as the National Guard Civilian Youth Opportunities Program aimed at improving through military based training the life skills and employment potential of civilian youth who cease to attend secondary school before graduation. Requires the pilot program to be conducted at any ten of the States, Territories, Puerto Rico, or the District of Columbia. Outlines provisions concerning: (1) program agreements made between the Chief of the National Guard Bureau and a chosen jurisdiction; (2) authorized benefits for youth participants in the program; (3) the use of National Guard personnel at a chosen site for administrative, training, or support services for the program; (4) the use of National Guard equipment and facilities for the program; (5) the Federal employee status of participants in the program for purposes of certain laws and benefits; (6) program funding and supplemental funding by the Governor of the chosen jurisdiction; (7) a required report from the National Guard Chief after one year of the pilot program; and (8) an earmarking of specified funds for such program from FY 1993 DOD operation and maintenance funds. Directs the President to report to the Congress on the proposals of the Secretary General of the United Nations made in his report concerning preventive diplomacy, peacemaking, and peacekeeping. Mandates that no funds are authorized to be appropriated under this Act for the Federal Bureau of Investigation. Title XI: Demilitarization of the Former Soviet Union - Subtitle A: Short Title - Names this title the Former Soviet Union Demilitarization Act of 1992. Subtitle B: Findings and Program Authority - Authorizes the President to establish and conduct programs to assist in the demilitarization of the independent states of the former Soviet Union. States that such programs shall include the transportation, storage, safeguarding, disabling, and destruction of weapons of mass destruction, as well as the conversion of weapons-related scientific expertise, technologies, and capabilities into appropriate civilian activities. Prohibits any such U.S. assistance unless the President certifies to the Congress that the recipient state of the former Soviet Union is committed to destroying its weapons of mass destruction, forgoing any nuclear weapons or military modernization programs, and facilitating U.S. verification of any weapons destruction carried out. Subtitle C: Administrative and Funding Authorities - Provides funding for the Soviet demilitarization program through funds authorized to be transferred under this Act as well as an extension of the authorization of appropriations for such purpose under the Soviet Nuclear Threat Reduction Act of 1991. Subtitle D: Reporting Requirements - Requires the President to report to the Congress at least 15 days in advance of each proposed obligation of funds for the Soviet demilitarization program. Directs the President to report quarterly to the Congress on all such activities carried out in the previous quarter. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1993 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to make advances to the Secretary of Transportation for the design and construction of defense access roads. Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, defense access roads, architectural and engineering design services, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to increase by a specified amount the funding permitted to the Army for the worldwide leasing of military family housing. Title XXII: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified locations. Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction projects, unspecified minor construction, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act, Fiscal Year 1989 to: (1) increase the authorized amount of appropriations for a military construction project at the Guam Navy Public Works Center; and (2) decrease the authorized amount of appropriations for military construction projects at the Subic Bay, Philippines Navy Public Works Center and the Marine Corps Air Station, Cherry Point, North Carolina. Directs the Secretary to expend from prior-law appropriations necessary amounts for planning and design of defense access roads for the Pascagoula, Mississippi Naval Station. Title XXIII: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Year 1991 to transfer an authorized military construction project (and the authorized amount for such project) from Lowry Air Force Base, Colorado, to Buckley Air National Guard Base, Colorado. Authorizes the Secretary to: (1) enter into contracts for the leasing of military family housing units; and (2) enter into rental guaranty agreements for military family housing under the Military Construction Authorization Act, 1984. Terminates certain FY 1991 and 1992 military construction projects. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes appropriations to DOD for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, conforming storage facilities, certain base closure and realignment activities, and military family housing functions of DOD. Authorizes the obligation of prior-year unobligated military construction funds for such military construction projects. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts . Reduces certain prior-year authorizations of appropriations for Air Force Reserve military construction projects. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1995, or the date of enactment of an Act authorizing funds for military construction for FY 1995, whichever is later, with specified exceptions. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of Defense to carry out a military construction project for energy conservation not previously authorized by law if prior military construction funds were authorized to be made available for such project. Increases to $1,000,000 ($300,000 for FY 1992) the threshold for FY 1993 through 1995 for minor construction projects carried out with DOD operation and maintenance funds. Directs the Secretary to report to the Congress after each such fiscal year on any minor construction projects carried out whose cost exceeded $300,000. Prohibits any funds made available to a military department during FY 1993 from being expended for contracts for the construction, acquisition, or leasing of military family housing that are entered into after October 1, 1992, until the Secretary of that military department has solicited bids for such housing under military construction projects currently authorized under Federal law. Authorizes the Secretary concerned to construct a replacement for a single family housing unit if: (1) authorized by law; (2) a simple home improvement is no longer cost-effective; and (3) 21 days have elapsed since notification to the Congress of such replacement. Subtitle B: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to authorize deposit into the Department of Defense Base Closure Account for its use of any funds that the Secretary may transfer from funds appropriated to DOD or funds contained in the Department of Defense Base Closure Account 1990. Requires the Secretary to transmit to the Congress notice of and justification for any such transfers. Authorizes the Secretary to utilize such Account for environmental restoration, community economic adjustment assistance, and disposal of property at bases selected for closure under base closure laws. Makes identical amendments for the Department of Defense Base Closure Account 1990 established under the Defense Base Closure and Realignment Act of 1990. Provides for the valuation of amounts to be deposited into a reserve account after the sale of real property at a military installation which represents the amount of such property acquired, constructed, or improved with commissary store funds or nonappropriated funds. Requires amounts so reserved to be used only for acquiring, constructing, and improving: (1) commissary stores; and (2) real property and facilities for nonappropriated fund instrumentalities. Revises Federal provisions concerning the authority of the Secretary to transfer specified funds under base closure laws to the homeowners assistance program. Directs the Secretary to enter into, and report to the Congress on, a one-year contract with a private relocation contractor in order to test the cost-effectiveness of using national relocation contractors to administer the homeowners assistance program. Requires military construction relating to the closure or realignment of a military installation (currently, each military construction project) to meet certain budgeting constraints. Amends the Defense Base Closure and Realignment Act of 1990 to revise the annual reporting date of the Comptroller General with respect to the Secretary's selection of military installations to be closed or realigned under such Act. Prohibits the Secretary and the Defense Base Closure and Realignment Commission from recommending a realignment of functions and personnel of the Defense Finance and Accounting Service under provisions of the Defense Base Closure and Realignment Act of 1990, instead authorizing the Secretary to provide for such a realignment under other Federal base closure and realignment provisions. Amends the National Defense Authorization Act for Fiscal Year 1991 to direct the Secretary to report annually to the defense committees on the operations of the Department of Defense Overseas Military Facility Investment Recovery Account during the preceding fiscal year. Subtitle C: Land Transactions - Amends the Military Construction Authorization Act, 1985 to remove the San Diego Energy Recovery Project as a possible party to a land exchange between the city of San Diego and the Secretary of the Navy. Provides that, in lieu of conveyance of property owned by the Project, such Secretary may permit San Diego to convey other property suitable for family housing, or to pay the Secretary an amount sufficient for the loss of such property as consideration for the land exchange. Outlines other administrative provisions required in light of the loss of the Project as a party to the land exchange. Authorizes the Secretary of the Air Force to convey to South Carolina all rights and interest to real property comprising the Myrtle Beach Air Force Base, South Carolina, under specified terms and conditions. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow the Secretary of the Navy to use the proceeds from the sale of certain property to acquire a new site for a naval center in the state of Vermont (currently, only in the Burlington, Vermont area). Lowers the price required to be paid by the city of Burlington to acquire the real property being sold by such Secretary. Extends to June 1, 1995, the deadline for the conveyance of the property. Allows the Secretary to permit the city of Burlington to make alterations or improvements to the property before its conveyance to the City. Authorizes the Secretary of the Navy to lease: (1) to the Union Pacific Railroad Company certain property located at the Naval Supply Center, Oakland, California; and (2) to the City of Oakland or the Port of Oakland, California, certain property also located at the Naval Supply Center. Authorizes the Secretary of the Navy to grant an easement to enable the San Diego Gas and Electric Company to construct, operate, and maintain an electric transmission and associated electric transmission lines. Authorizes the Secretary of the Navy to convey to Santa Barbara, California, all rights and interests to certain real property located at the Santa Barbara Naval Reserve Center, under specified terms and conditions. Authorizes the Secretary of the Army to convey to the Washington County, Maryland Sanitary District all rights and interest to certain real property, including a waste water treatment facility, located at Fort Ritchie, Maryland. Authorizes the Secretary of the Navy to acquire all rights and interest to a parcel of land comprising a portion of the Naval Radio Station at Jim Creek, Washington. Authorizes the United States to acquire by condemnation or otherwise: (1) all rights and interest of Arizona in and to specified trust lands in such State; and (2) any trust mineral estate of Arizona located beneath the surface of such trust lands. Authorizes the Secretary to convey to any person all rights and interest to: (1) a parcel of land comprising a naval family housing area at Paine Field, Snohomish County, Washington; and (2) two parcels of land comprising portions of the naval family housing area at Pier 91, Seattle, Washington. Authorizes the Secretary of the Air Force to convey to Central Community College, Hastings, Nebraska, all rights and interest to three parcels of property located in that City which have served as a support complex for the Hastings Radar Bomb Scoring Site. Authorizes the Secretary of the Army to convey to the city of Abbeville, Alabama, all rights and interest to specified real property located at the site of a proposed Army Reserve Center in Abbeville. Subtitle D: Transfer of Jurisdiction of Rocky Mountain Arsenal - Directs the Secretaries of the Army and the Interior to enter into a memorandum of understanding under which: (1) the Secretary of the Army transfers to the Secretary of the Interior, without reimbursement, all responsibility to manage for wildlife and public use purposes the real property comprising the Rocky Mountain Arsenal in Colorado, with the exception of certain facilities and property or property designated for disposal; and (2) the Secretary of the Interior shall establish and manage such real property as a unit of the National Wildlife Refuge System. Allows the transfer to be made only after certification by the Administrator of the Environmental Protection Agency that all site cleanup and remediation measures required under Federal law have been taken. Excludes from such transfer all property used at the Arsenal for water treatment, the disposition of hazardous substances, and any other purposes related to remediation and cleanup of the site. Continues jurisdiction by the Secretary of the Army over the property to be transferred until all cleanup and remediation activities have been completed. Requires consultation between the two Secretaries with respect to all cleanup and remediation activities. Requires the Secretary of the Army to retain environmental liability with respect to the Arsenal after the transfer. Directs the Secretary of the Interior to establish the Rocky Mountain Arsenal National Wildlife Refuge in the property transferred by the Secretary of the Army, to be used for wildlife preservation, public uses, research and education, and land and water conservation. Outlines provisions with respect to cleanup and remediation activities. Prohibits public roads from being constructed through the Refuge. Designates another parcel of real property at the Arsenal for disposal for commercial, highway, or other public use purposes. Requires the Secretary of the Army to notify the State of Colorado and all appropriate units of local government of the proposed and final determinations made with respect to site cleanup, remediation, and disposal. Provides transfer conditions and limitations, including the requirement that all property disposed of under this subtitle be subject to the cleanup and remediation requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. States that all disposal proceeds shall be transferred to the Director of the U.S. Fish and Wildlife Service to be used to supplement funds available for the construction of a visitor and education center at the Refuge. Subtitle E: Miscellaneous - Authorizes the Secretary of Defense to allow the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective energy demand and conservation incentive programs for such military installation. Allows such agreements to provide for a utility to advance financing costs for the design and implementation of an energy demand or conservation incentive program, with repayment terms no less favorable than those applicable to the utility's most favored customer. Vests title to the United States in any energy-saving device or technology installed at a military installation pursuant to an agreement. Directs the Secretary of the Navy, by December 31, 1992, to report to the defense committees and the Comptroller General on actions and plans of the Navy for consolidation and centralization of control over forces assigned to the mine countermeasure mission. Requires the Comptroller General to evaluate such report and submit his evaluation to the defense committees. Requires the report of the Secretary to include a detailed evaluation and analysis of the use of Ingleside, Texas, as the planned homeport for all mine warfare ships, and a comparison of various alternative homeports for such ships including Atlantic and Pacific coast homeports. Prohibits such Secretary from relocating the functions and personnel of certain mine warfare command and training facilities until 90 days after submitting his required report. Directs the Secretary of the Air Force, in designating expanded areas for training operations of Air National Guard and Air Reserve aircraft, to provide for such areas within the geographic boundaries of areas that have been approved for tactical training on the date of enactment of this Act. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1993 for operating expenses and for plant and capital equipment necessary in carrying out national security programs in the following areas: (1) weapons activities; (2) new production reactors; (3) environmental restoration and waste management; and (4) defense materials production and other defense programs. Earmarks specified FY 1993 funding for the defense inertial confinement fusion program. Prohibits the obligation of FY 1993 DOE funds for: (1) the design, purchase, or installation of any fire protection, cooling, or refrigeration system that utilizes class I chlorofluorocarbons unless the Secretary of Energy (Secretary, for purposes of this title) determines that an alternate system is not commercially available; or (2) the implementation of the reconfiguration of any nonnuclear DOE activities until the Secretary reports the results of certain analyses and certifications to the defense committees. Subtitle B: Recurring General Provisions - Prohibits the use of the funds appropriated pursuant to this title for the costs of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is less, or for programs which have not been presented to, or requested of, the Congress, unless the Secretary transmits to the defense committees a full and complete statement of the action proposed and 30 days have elapsed. Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title. Authorizes the Secretary to carry out any general plant project only if the total estimated cost of the project does not exceed $1,200,000. Requires reports to the defense committees by the Secretary when the costs exceed such amount. Sets forth procedures for the approval of construction projects which exceed by more than 25 percent their estimated cost or authorized amount. Exempts from such procedures any projects which have an estimated cost of less than $5,000,000. Allows for the transfer of funds from specified projects to other government agencies for the performance of work for which the funds were appropriated. Authorizes the Secretary to carry out advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000. Directs the Secretary to notify the defense committees whenever the estimated cost of such planning and design exceeds $300,000. Requires specific authorization by law whenever such estimated cost exceeds $2,000,000. Authorizes the Secretary to perform emergency construction planning and design in order to protect public health and safety or property or to meet the needs of national defense. Requires the Secretary to report to the defense committees before taking any such action. Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE. Subtitle C: Miscellaneous - Authorizes the Secretary of Energy to pay to the EPA a stipulated civil penalty assessed under Federal environmental law against the Fernald Environmental Management Project. Prohibits the Secretary from entering into a contract or other agreement for the performance of environmental restoration and waste management activities with any persons convicted of having committed a criminal violation in connection with activities at a DOE facility under the Clean Air Act, the Solid Waste Disposal Act, or the Safe Drinking Water Act. Amends the Atomic Energy Act of 1954 to prohibit the appropriation, obligation, or expenditure of DOE national security program funds for the following activities unless such funds have been specifically authorized by law: (1) procurement of goods or services; (2) R&D or procurement or production related to R&D; (3) nuclear weapons testing; (4) construction; and (5) operation and maintenance of any defense nuclear facility or of the DOE central office. Earmarks specified FY 1993 DOE program management funds for certain oversight activities. Directs the Secretary to establish a citizen advisory group for each DOE nuclear facility to undertake certain review, evaluation, reporting, and recommendation actions with respect to such nuclear facilities. Directs the Secretary to provide funding to each advisory group for the hiring of technical assistance and support staff. Limits such expense to $250,000 per group. Provides funding for such advisory groups from FY 1993 DOE national security funds. Replaces the Director of Defense Research and Engineering with the Under Secretary of Defense for Acquisition on the Nuclear Weapons Council. Amends the Radiation Exposure Compensation Act to revise the offset for payments for injuries believed to arise out of the atomic weapons testing program. Directs the Secretary to report annually to the defense committees on the new production reactor program of DOE, requiring such reports until the construction of the new production reactor is completed. Expresses the sense of the Congress that the technology chosen for new production reactor capacity have the highest probability of successfully sustaining operation, the lowest risk of operational failure, and the lowest cost of construction and operation. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require any non-Federal entity that operates a laboratory pursuant to a contract with a Federal agency to submit to the head of such Federal agency any cooperative R&D agreement that the entity proposes to enter into with a small business firm and the joint work statement required with respect to that agreement. Outlines procedures for the approval or disapproval of the proposed agreement and joint work statement by the Federal agency. Directs the Secretary to establish a program to facilitate and encourage the transfer of technology to small businesses, and to issue guidelines relating to the program by May 1, 1993. Directs the Secretary and the Secretary of Defense to provide appropriate federally funded technology transfer centers with information on cooperative R&D agreements or other arrangements entered into with respect to DOE laboratories and other Federal departments and agencies. Provides funding for such agreements or arrangements. Amends the National Defense Authorization Act for Fiscal Year 1989 to authorize the Secretary to allow each DOE contractor and subcontractor carrying out certain activities at the Idaho National Engineering Laboratory to loan personnel in order to assist in the economic diversification of the local economy and reduce reliance by the local community on national security programs at such Laboratory. Provides funding for such personnel loan. Extends such program through FY 1994. Subtitle D: Defense Nuclear Work Force Restructuring - Directs the Secretary to develop, issue, and commence implementation of a plan for the restructuring of the employee work force at each DOE defense nuclear facility: (1) the primary mission of which changes from weapons production and related activities to environmental restoration and waste management; and (2) that is scheduled for closure. Outlines provisions concerning plan requirements and updates, and appropriate consultations in plan development with the Secretary of Labor and local labor organizations. Requires the plan to be submitted to the Congress. Directs the Secretary to establish and carry out a program for the identification and ongoing medical evaluation of current and former DOE employees who are or were subject to significant health risks as a result of the exposure to hazardous or radioactive substances during such employment. Requires implementation of the program through specified activities. Requires each employee provided with such medical evaluations to be notified of test results. Requires such program to be carried out within one year after enactment of this Act. Requires an agreement between the Secretary and the Secretary of Health and Human Services to carry out such program. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1993 for the operation of the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Subtitle A: Changes in Stockpile Amounts - Authorizes the National Defense Stockpile (NDS) Manager to dispose of specified materials in the NDS, with special limitations on the disposal of certain materials. Authorizes the NDS Manager, during FY 1993, to obligate out of the National Defense Stockpile Transaction Fund (Fund) specified amounts for the acquisition of materials and for R&D programs of the Strategic and Critical Materials Stock Piling Act. Subtitle B: Programmatic Changes - Amends such Act to require the quantities of materials stockpiled to be sufficient to meet the needs of the United States during a period of national emergency that requires a significant level of mobilization of the economy under planning assumptions used by the Secretary of Defense (currently, for three years). Revises the conditions under which the President may make changes in the quantity of any material in the NDS. Removes a prohibition on disposals from the NDS which would result in an unobligated balance in the Fund in excess of $100,000,000. Allows moneys from the Fund to be used for materials maintenance and disposal (currently, only for materials acquisition). Directs the President to appoint a Market Impact Committee to: (1) advise the NDS Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from NDS that are proposed to be included in the annual materials plan submitted to the Congress under the Strategic and Critical Materials Stock Piling Act; and (2) submit to the Manager the Committee's recommendations regarding such acquisitions and disposals. Title XXXIV: Civil Defense - Authorizes appropriations for FY 1993 for carrying out the Federal Civil Defense Act of 1950. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1993 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1993. Limits the amount of funds available to the Commission for FY 1993 that may be expended for official reception and representation expenses. Authorizes the use of FY 1993 Commission funds for the purchase of passenger motor vehicles used to transport personnel of the Commission across the Isthmus of Panama. Limits such expenditure to $18,000 per vehicle. Amends the Panama Canal Act of 1979 to: (1) authorize the use of Commission funds to defray the cost of health care services to elderly and disabled persons provided by medical facilities licensed and approved by the Republic of Panama and not operated by the United States; and (2) revise a provision concerning the basis of Canal tolls on vessel tonnage measurement. Requires all expenditures made under this title to be made in accordance with the Panama Canal Treaties of 1977 and U.S. laws implementing those treaties.
Bill· HRH.R. 5649 (102nd)failed
United States · United States Congress · 22 July 1992
Title I: Phaseout of Occupational Taxes Relating to Distilled Spirits, Wine, and Beer - Amends the Internal Revenue Code to reduce the special occupational taxes on producers and dealers in distilled spirits, wine, and beer, effective on July 1, 1993, and to repeal such taxes, effective on July 1, 1994. Title II: Modifications to Tax on Diesel Fuel - Imposes an excise tax on diesel fuel (separate from the gasoline tax and the tax on aviation). Exempts from such tax diesel fuel: (1) used by trains and intercity, local, or school buses; and (2) which is dyed or marked in accordance in regulations prescribed by the Secretary of the Treasury. Provides that the Airport and Airway Trust Fund financing rate does not apply to aviation fuel sold by a producer or importer for use by the purchaser in a nontaxable use. Imposes a civil penalty on persons who use dyed fuel for a taxable use. Imposes a floor stocks tax on any person holding diesel fuel April 1, 1993. Authorizes grants to certain businesses having annual sales of less than 50,000,000 gallons of diesel fuel to defray the one-time costs of installing additional storage tanks to comply with the fuel dying requirements under this Act.
Bill· SS. 2945 (102nd)referred
United States · United States Congress · 2 July 1992
Supplemental Compensation Plan Act of 1992 - Amends the Federal Aviation Act of 1958 to establish a U.S. Supplemental Compensation Plan to supplement the compensation payable to claimants under the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention) with respect to death, or personal injury, of airline passengers. Prohibits air carriers required to participate in the Plan from engaging in any air transportation unless they comply with specified requirements. Requires each air carrier to submit to the Secretary of Transportation for approval an agreement to designate an agent as its attorney in fact in order to: (1) negotiate the Compensation Plan Contribution; (2) select and negotiate with the Plan Administrator; and (3) monitor the Plan Administrator's performance. Provides for: (1) liability of the Plan Administrator for covered damages to claimants; (2) collection and payment of the Compensation Plan Contribution; (3) notice to claimants and evaluation of their claims; (4) claimants' proof of claim for offer of settlement; and (5) negotiation with and selection of the Plan Administrator.
Bill· SS. 2944 (102nd)referred
United States · United States Congress · 2 July 1992
Aircraft Noise Reduction Research Act of 1992 - Directs the Administrators of the Federal Aviation Administration and of the National Aeronautics and Space Administration to establish and jointly conduct a research program to develop by the year 2000 new technologies, operational procedures, or other means for quieter subsonic jet aircraft engines and airframes. Authorizes appropriations. Requires an annual progress report to the Congress.
Resolution· HCONRESH.Con.Res. 346 (102nd)referred
United States · United States Congress · 2 July 1992
Declares that the Congress believes the U.S. Postal Service should not tender high-threat mail to air carriers for transportation on passenger flights until the recommendations of the Federal Aviation Administration's mail and cargo security study have been received and reviewed by the Congress and are implemented.
Law· HRH.R. 5518 (102nd)enacted
United States · United States Congress · 1 July 1992
Department of Transportation and Related Agencies Appropriations Act, 1993 - Title I: Department of Transportation - Makes appropriations for FY 1993 for: (1) the Office of the Secretary of Transportation; (2) the Coast Guard; (3) the Federal Aviation Administration; (4) the Federal Highway Administration (including specified demonstration projects); (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; (7) the Federal Transit Administration; (8) the Saint Lawrence Seaway Development Corporation; (9) Research and Special Programs Administration; and (10) the Office of the Inspector General. Title II: Related Agencies - Makes appropriations for FY 1993 for: (1) the Architectural and Transportation Barriers Compliance Board; (2) the National Transportation Safety Board; (3) the Interstate Commerce Commission; (4) the Panama Canal Commission; (5) the Department of the Treasury; and (6) the Washington Metropolitan Area Transit Authority. Title III: General Provisions - Sets forth specified prohibitions, limitations, permissions, and mandates with respect to the use of appropriations under this Act. Prohibits the use of funds for the planning or implementation of any change in the current Federal status of the Volpe National Transportation Systems Center (except for further development planning that does not alter such status) or the Turner-Fairbank Highway Research Center. Requires the Secretary of Transportation (Secretary) to distribute, on a ratio-formulated basis, Federal-aid highway State obligation limitations for FY 1993 for Federal-aid highways and highway safety construction. Prohibits a State from obligating more than 25 percent of its allocation for such projects during the first three months of FY 1993. Sets forth additional specified obligation limits for States during FY 1993. Limits funds available for salaries and expenses to no more than 120 political and Presidential appointees in the Department of Transportation. Prohibits the assignment of such personnel on temporary detail outside of the Department. Prohibits the use of funds for the construction of the Central Automated Transit System (Downtown People Mover) in Detroit, Michigan. Requires the Secretary to obligate no more than $4,000,000 for each year that Interstate 95 is under reconstruction for operating expenses of the Tri-County Commuter Rail Project in Florida. Requires the Secretary to make compensation payments as provided under the Federal Aviation Act of 1958 to air carriers that provide essential air service to small community airports. Prohibits the use of funds to establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. Authorizes airports to transfer to the Federal Aviation Administration (FAA) instrument landing systems which were purchased through a Federal airport aid or development program and which conform to FAA performance specifications. Prohibits the use of funds by the FAA for a new National Weather Graphics System. Prohibits the use of funds to award multiyear contracts for production end items that include: (1) economic order quantity or long lead time material procurement in excess of $10,000,000 in any one year of the contract; or (2) a cancellation charge greater than $10,000,000 which at the time of obligation has not been appropriated to the limits of the Government's liability; or (3) a requirement that permits performance under the contract during the second and subsequent years of such contract without conditioning such performance upon the appropriation of funds. Requires the Secretary to withhold five percent of a State's Federal-aid highway apportionment after the second calendar year, and ten percent after the fourth calendar year, following the effective date of this requirement if it does not: (1) enforce laws requiring the revocation, suspension, or delay in the issuance of an individual's driver's license upon conviction of a drug offense; or (2) submit a certification of the Governor's and State legislature's opposition to such enforcement. Authorizes the Administrator of the FAA to continue the Collegiate Training Initiative program which prepares students through post-secondary educational institutions for the position of air traffic controller. Declares that Federal-aid highway funds to States shall not be available for making just compensation payments for the removal of signs, displays, or devices along Federal highways except to the extent that such State expends such funds for such payment. Prohibits funds under this Act from being available to add Passenger Facility Charges to the cost of travel benefits commonly known as "frequent flyer award certificates" or any other bonus program offered by any airline. Prohibits funds under this Act from being available for: (1) any passenger manifest program that only applies to U.S. flag carriers; (2) any criminal history records check program under the Federal Aviation Act of 1958, as amended; and (3) any change in the current Federal status of the FAA's flight service station at Red Bluff Airport, California, Tri-City Airport in Bristol, Tennessee, and Bert Mooney Airport in Butte, Montana. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to treat certain access roads in Michigan as principal arterials under the Federal aid program for construction of ferry boats and terminals. Directs the Secretary to make funds available for a transportation resource center at Barry University, Miami Shores, Florida. Authorizes the use of funds under the urban high density program in Indiana for the reconstruction of an interchange with the Borman Expressway. Prohibits the use of funds under this Act to implement a certain alcohol and controlled substances testing program under the Federal Aviation Act of 1958 until the FAA publishes a Final Rule reducing to ten percent annually the sampling rate for random drug testing of airline employees. Amends the Federal Aviation Act of 1958 to prohibit regulations on the testing of air carrier and airport employees for alcohol or controlled substance use from requiring the rate of random testing to exceed ten percent annually.
Law· HRH.R. 5481 (102nd)enacted
United States · United States Congress · 24 June 1992
FAA Civil Penalty Administrative Assessment Act of 1992 - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the Federal Aviation Administration (FAA) to assess a civil penalty for violations pertaining to: (1) prohibition of civil aircraft flights over security zones; (2) the organization of the FAA; (3) aviation safety regulations; (4) regulations requiring airline passengers to be notified of the lack of security measures at certain airports; and (5) regulations requiring public notice of existing or proposed construction or repairs which will promote safety in air commerce. Requires the Administrator of the FAA, before assessing a civil penalty against a pilot or flight engineer, to: (1) to advise the individual of the charges or reasons relied upon for the Administrator's proposed action; and (2) provide him or her with an opportunity to answer such charges and be heard as to why the civil penalty should not be assessed. Authorizes such individuals to appeal such a penalty to the National Transportation Safety Board (NTSB). Declares that the NTSB shall not be bound by any findings of fact of the Administrator of the FAA but shall, however, be bound by all validly adopted interpretations of laws and regulations administered by the FAA (including written agency policy guidance available to the public relating to sanctions to be imposed from assessment of a civil penalty to suspension or revocation of a certificate) unless it finds that such interpretation is arbitrary, capricious, or otherwise not in accordance with law. Authorizes the NTSB to modify such sanctions. Provides for judicial review of NTSB orders. Authorizes the Administrator of the FAA to assess a civil penalty against persons other than a pilot or flight engineer only after notice and an opportunity for a hearing. Makes the civil penalty assessment program permanent (by repealing restrictions that make it a demonstration program only).
Bill· HRH.R. 5465 (102nd)open
United States · United States Congress · 23 June 1992
Amends the Federal Aviation Act of 1958 (the Act) to authorize Federal departments and agencies to procure from the Secretary of Transportation insurance to cover risks (especially war risks) from: (1) the operation of an aircraft in domestic (interstate) or overseas air commerce; and (2) the provision of goods or services related to the operation of such aircraft (ground support) if it is in the performance of a contract for such a department or agency or is for the purpose of transporting U.S. military forces pursuant to an agreement between the United States and a foreign government. Extends the aviation insurance (war risk insurance) program under title XIII of the Act through September 30, 1997. Directs the Comptroller General to review and report to the Congress on the administration of such program during the Persian Gulf conflict in order to determine methods of improving its administration by reducing the paperwork and time period required for provision of insurance under such program.
Bill· HRH.R. 5466 (102nd)referred
United States · United States Congress · 23 June 1992
Airline Competition Enhancement Act of 1992 - Amends the Federal Aviation Act of 1958 (the Act) to prohibit a vendor, in the operation of its air carrier computer reservations system, from discriminating against participants in such system in specified ways, including: (1) making available to subscribers an integrated display which orders information on air carrier identity; (2) supplying information to a person creating or attempting to create such an integrated display; (3) making available, after September 30, 1994, to a subscriber or participant any subscriber or participant transaction capability which is more functional, timely, complete, accurate, reliable, secure, or efficient with respect to one subscriber, or participant, than to another; (4) charging a participant fee for, or require terms or conditions with, the provision of any computer reservation system feature, function, or service unless they are reasonable; or (5) prohibiting a subscriber from obtaining or using another computer reservation system. Prohibits a vendor or air carrier from requiring, or providing incentives to induce, a subscriber to use information from a computer reservation system to create an integrated display which orders information on air carrier identity. Prohibits a vendor, except on grounds of demonstrated technological incompatibility, from prohibiting or unreasonably restricting the: (1) interconnection to its computer reservation system equipment of computer hardware or software supplied by a person other than such vendor; or (2) use by a subscriber, to access any other computer reservation system or data base, or hardware and communications lines supplied by another vendor. Sets forth other specified prohibitions. Prohibits a vendor from: (1) requiring, as a condition for providing a subscriber additional computer reservation system components (including software and enhancements), that the term of the subscriber's contract be extended; (2) requiring use of its computer reservation system by such subscriber in any sale by the subscriber of the vendor's air transportation services; (3) requiring use of its computer reservation system as a condition of compensation for the sale of air transportation services by the subscriber; and (4) charging prices to subscribers conditioned on the identity of air carriers whose air transportation services are sold by such subscribers. Prohibits the enforcement of subscriber contract provisions for a contract term of more than three years. Sets forth other specified contract provisions which are not enforceable. Prohibits a subscriber from using computer software or hardware to modify information in a computer reservation system so as to produce: (1) integrated displays of such information based on air carrier identity, unless specified conditions are met; or (2) displays of such information based on subscriber or participant transaction capability. Requires vendors to submit quarterly reports to the Secretary of Transportation (Secretary) describing the manner in which they propose to comply with this Act. Requires the Secretary to transmit to specified congressional committees a compliance progress report based on the vendors' reports. Requires the Secretary to report annually to specified congressional committees on the participant fees charged by vendors during the preceding calendar year, including whether such fees represent an increase or decrease over the fees charged previously, and whether they are reasonable. Sets forth specified administrative provisions with respect to violations of this Act. Directs the Secretary not to give consideration to the availability of landing slots at high density airports in: (1) determining the provision of basic essential air service to small communities; and (2) selecting an air carrier to provide such service. Requires the Secretary to ensure that a sufficient number of such slots are available to the air carrier providing such service at such airports. Provides for the transfer of slots at such airports. Declares that nothing in such Act shall require the Administrator of the Federal Aviation Administration to issue regulations requiring that air carrier and airport security personnel employment investigations include criminal history record checks if the Administrator determines that such record checks are not necessary to ensure air transportation security. Requires the Secretary to initiate a rulemaking proceeding to consider whether there should be a reduction in the annualized rate of random testing for prohibited drugs for personnel engaged in aviation activities. Declares that nothing under the Act authorizes the Secretary to grant a public agency authority to impose a fee for a passenger enplaning at an airport if the passenger did not pay for the air transportation, including in cases in which the passenger obtained the airline ticket with a frequent flier award coupon without monetary payment. Requires the Secretary to amend a specified section of the Code of Federal Regulations to require commuter air carriers to comply with the provisions governing on-time performance in such regulations. Directs the Secretary to publish a monthly report containing the percentage of flights of each commuter air carrier which were canceled during such calendar month. Requires the Secretary, in selecting an air carrier to provide foreign air transportation, to consider, among other specified factors, the strengthening of competition among air carriers operating in the United States in order to prevent undue concentration in the air carrier industry.
Treaty· ACELEX 21992A0718(01)not in force
European Union · EUR-Lex · 22 June 1992
Decision· DCELEX 31992D0384in force
European Union · EUR-Lex · 22 June 1992
Bill· HRH.R. 5384 (102nd)referred
United States · United States Congress · 11 June 1992
Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration, before assessing a civil penalty against any certificate-holding airmen and air carriers, to: (1) advise them of the charges or reasons relied upon for the Administrator's proposed action; and (2) provide them with an opportunity to answer such charges and be heard as to why the civil penalty should not be assessed. Authorizes such individuals to appeal such a penalty to the National Transportation Safety Board (NTSB). Provides for the judicial review of a NTSB order. Authorizes the NTSB to change an Administrator's order amending, modifying, or reversing a certificate to an order assessing a civil penalty.
Bill· HRH.R. 5362 (102nd)referred
United States · United States Congress · 10 June 1992
General Aviation Standards Act of 1989 - Amends the Federal Aviation Act of 1958 (with respect to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a manufacturer, owner, or operator of a general aviation aircraft, or a person who supports, repairs, or maintains such aircraft or any other person or governmental entity. Establishes guidelines for uniform standards of liability of general aviation manufacturers for such accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of such an accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Requires the Secretary of Transportation to report to the Congress, within one year after the date of enactment of this Act, the results of a study determining whether persons awarded damages for general aviation accidents under this Act are unable to collect such damages, and the amount of any uncollectible damages.
Bill· HRH.R. 5313 (102nd)referred
United States · United States Congress · 3 June 1992
Anti-Drug Abuse Act of 1992 - Title I: International Efforts to Reduce Illegal Drug Production and Drug Trafficking - Expresses the sense of the Congress that the President should direct the Secretary of State to negotiate with the Governments of Canada and Mexico for the establishment of a North American Narcotics Council which would explore ways and means of facilitating the exchange of information (both in antinarcotics efforts and in substance abuse reduction and education programs), increasing cooperation in antinarcotics efforts, and improving efforts to supply assistance to source and trafficking countries, and reducing through other areas and programs the demand for and supply of illicit narcotics and psychotropic substances. Requires the President to submit to the Congress, for each fiscal year in which the United States participates in the Council, a budget request to cover the expenses of such participation. Sets forth provisions for the appointment of a permanent U.S. representative and congressional advisors to the Council, provisions for termination of such Council, and reporting requirements. Requires the President, with respect to each year after 1992, to determine whether: (1) there was a reduction in the quantity of illicit coca produced or in illicit coca activities in Bolivia, Colombia, and Peru; and (2) any reduction is attributable to the implementation of social or economic alternatives in such countries. Authorizes the President, if an affirmative determination with respect to such a country is made and the Congress enacts a law approving it, to apply special trade treatment to articles that: (1) are products of such country; and (2) are entered or withdrawn from warehouse for consumption in U.S. customs territory in the year following the year such determination was made. Specifies that if the granting of such special trade treatment would violate the General Agreement on Tariffs and Trade, provisions of this Act shall be inapplicable until the President obtains a waiver of the provision which is the basis for such violation. Prohibits such special treatment if specified actions under the Narcotics Control Trade Act are in effect with respect to such country or if such treatment is restricted under countervailing duties or trade dumping regulations. Authorizes appropriations for additional economic assistance grants for the Governments of Bolivia and Peru, to be made available only after consummation of a written agreement between such governments and the United States outlining specific, verifiable illicit coca eradication plans resulting in a 50 percent eradication of the illicit coca crop by the end of FY 1994, and a 100 percent eradication by the end of FY 1997. Requires the Secretary of State to negotiate such bilateral agreements on behalf of the United States and to have primary responsibility for verifying the actual eradication of illicit coca in Bolivia and Peru. Authorizes the use of funds under the Foreign Assistance Act of 1961 (FAA) and the Arms Export Control Act (AECA) for training and equipment for law enforcement agencies or other units in Colombia, Bolivia, and Peru that are organized for the specific purpose of enforcing narcotics laws. Waives, during FY 1992 through 1994, specified provisions limiting assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance under the FAA or AECA for a country that is a "major illicit drug producing country" because of its coca production. Amends the FAA to: (1) authorize funding for the procurement of weapons or ammunition to arm, for defensive purposes, aircraft that are leased or loaned by the United States and used in narcotics control eradication or interdiction efforts and persons participating in such efforts; (2) make an exception to the withholding of assistance for major illicit drug producing or drug-transit countries where such action would be contrary to the national interest of the United States; (3) authorize the President to provide aircraft on a sale or grant basis for anti-narcotics activities if he determines that it would be in the national interest to do so and reports the determination and the terms of the proposed sale or grant to the Congress; (4) authorize Bolivia and Peru to have U.S. military personnel strengths larger than six to carry out international security assistance programs; and (5) make certain certification procedures under such Act inapplicable to certain major drug-transit countries if the President certifies that such countries meet specified requirements in making progress towards narcotics control. Amends the Export-Import Bank Act of 1945 to: (1) make certain restrictions under such Act and under the AECA inapplicable to sales of defense articles or services made on or before September 30, 1994 (currently, 1990); and (2) revise the definition of the term "defense articles and services" to conform to that under the AECA. Expresses the sense of the Congress that the Secretary of the Treasury shall instruct the U.S. Executive Directors of the International Bank of Reconstruction and Development, the International Development Association, and the Inter-American Development Bank to use the vote and influence of the United States to promote development projects in the Andean region consistent with U.S. anti-narcotics objectives. Establishes an Interagency Task Force on Combatting Illicit Narcotics and an Interagency Task Force on Money Laundering. Authorizes the Attorney General to assist major illicit drug producing and drug-transit countries in adopting national legislation to accommodate treaties on mutual assistance in criminal matters and on extradition and to provide technical assistance and advice aimed at strengthening the judicial, legal, and law enforcement systems of such countries. Expresses the sense of the Congress that: (1) the United States should support the actions of Latin American jurists in prosecuting drug criminals; and (2) the President should take steps to convene an international judicial conference for the purposes of emphasizing worldwide support for prosecuting drug traffickers and enabling senior judicial officials to exchange information on antinarcotic laws and statutes. Authorizes appropriations for military and law enforcement assistance and training to eligible countries for controlling illicit narcotics production and trafficking. Urges the executive branch to: (1) coordinate closely with all allies in the Western Hemisphere dedicated to countering the threat of drug trafficking; and (2) explore the possibility of undertaking joint military and intelligence operations with other countries of the Western Hemisphere. Directs the Attorney General to enter into negotiations with law enforcement officials of each foreign country with jurisdiction over companies that manufacture, market, sell, or purchase precursor or essential chemicals used in the illicit manufacture of controlled substances, with priority given to countries knowingly or unknowingly supplying such chemicals, to: (1) establish a list of such chemicals; (2) achieve international agreement on a method for maintaining records of transactions of such chemicals; (3) establish a procedure by which such records may be made available to U.S. law enforcement authorities; and (4) encourage source countries to enact national chemical control legislation. Requires the President to impose sanctions (such as barring transactions within the interstate or foreign commerce of the United States) on any company or other entity that refuses to maintain records to monitor and regulate transactions of listed precursor chemicals or that refuses to make such records available to U.S. law enforcement authorities for investigative purposes. Authorizes and directs the Attorney General to conduct research into additives and other means which would render precursor and essential chemicals useless in the production and manufacture of illegal drugs but that would not affect the legitimate commercial uses of such chemicals. Authorizes appropriations. Requires the Secretary of Defense to: (1) transfer four AH-1J helicopters to the Government of Colombia for anti-drug interdiction operations; and (2) make available sums for the training of Colombian personnel by Department of Defense (DOD) personnel in the operation, maintenance, logistics support, and deployment of such helicopters. Urges the Secretary of State to fully consider and implement proposals from U.S. allies for combatting illicit narcotics, including cooperation in law enforcement, interdiction, prevention, treatment, and research. Title II: Interdiction - Subtitle A: Department of State - Authorizes appropriations for the procurement of UH-1 helicopter upgrade improvement kits to enhance the performance of such helicopters used in drug interdiction operations in major drug transit countries. Subtitle B: Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for additional canine enforcement teams and research and development and to increase the number of full-time Customs Service inspectors deployed at ports of entry under the contraband inspection program. Subtitle C: Defense - Authorizes appropriations for the Army National Guard to upgrade surveillance helicopters. Provides for: (1) the deployment of such helicopters by Guard units of Arizona, California, New Mexico, and Texas to support interdiction operations carried out by civilian law enforcement agencies; and (2) coordination with specified agencies. Authorizes appropriations to DOD for airborne early warning surveillance (AEW) aircraft. Authorizes the Secretary of Defense to make the P-3 AEW aircraft available to the Customs Service. Subtitle D: Making Drug-Related Intelligence a Level-One Intelligence Priority - Calls for the U.S. intelligence community to devote greater resources to intelligence activities relating to international drug production and trafficking. Urges the Director of Central Intelligence (DCI) to: (1) make support of anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy; (2) reflect such priority in the National Foreign Intelligence Program; and (3) include in his next National Foreign Intelligence Budget a separate and detailed request for funds necessary to make such activities a Level One Priority. Expresses the sense of the Congress that the DCI should expand resources devoted to human intelligence directed against international drug trafficking, particularly with respect to law enforcement operations along the U.S. border. Subtitle E: Preventing Drug Traffickers From Entering the United States Using Fraudulent Immigration Documents - Directs the Secretary of State and the Attorney General to: (1) establish a program under which applicants for entry into the United States shall be required to submit fingerprints at the time of application and to be checked against records of the Federal Bureau of Investigation (FBI), the Immigration and Nationalization Services (INS), and other U.S. agencies to ensure that the applicant has not submitted fraudulent documentation or is not otherwise excludable under U.S. immigration laws; (2) implement such program in two phases, including a two-year pilot program for applicants from major drug-producing or transit countries (phase I) and implementation over the next three years and expansion to all alien applicants requesting entry into the United States (phase II); and (3) conduct a comprehensive review and evaluation of such program and submit specified reports to the Congress. Subtitle F: Situational Awareness Technology - Makes certain funds authorized to be appropriated for Research, Development, Test, and Evaluation, Air Force, available for continued development of situational awareness technology for military and civilian drug interdiction applications. Title III: Law Enforcement - Subtitle A: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize appropriations for the Drug Control and System Improvement Grant Program. Subtitle B: Interstate Transportation for Purposes of Drug Activity - Amends the Controlled Substances Act (CSA) to prohibit the transport in interstate or foreign commerce of a person for the purpose of engaging in the growing, harvesting, manufacture, distribution, or dispensing of a controlled or counterfeit substance. Subtitle C: Drug-Free School Zones - Directs the Attorney General to develop a model program of strategies and tactics for establishing and maintaining drug-free school zones which provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts. Delineates criteria for such model program, including defining the criminal justice community's role in creating and maintaining such zones, developing a framework for law enforcement collaboration with the school system and community resource network, providing materials and technical assistance for demarcating and establishing such zones, and creating a uniform framework for monitoring and evaluating their effectiveness. Authorizes appropriations. Subtitle D: Drug Testing of Defendants on Probation or Supervised Release - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on supervised release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Subtitle E: Civil Forfeiture - Eliminates a restriction on the disposal of judicially forfeited property by the Secretary of the Treasury and the Postal Service. Subtitle F: Authorization of Appropriations - Authorizes appropriations, to carry out the activities of the Department of Justice (DOJ), for: (1) the hiring of additional personnel for the U.S. Attorney's office, and for additional agents of the FBI; (2) the Drug Enforcement Administration (DEA); (3) the States, under the formula grant program administered by the Office of Justice Programs, for rural drug enforcement; (4) State and local multi-agency tactical narcotics teams in high intensity drug areas; (5) the establishment by DEA of a foreign precursor chemical program; (6) the establishment and operation of a national drug and related crime tip hotline; and (7) the INS. Authorizes appropriations, to carry out the activities of the Department of the Treasury, for: (1) the Bureau of Alcohol, Tobacco, and Firearms; (2) the Federal Law Enforcement Training Center; and (3) the U.S. Customs Service. Subtitle G: Regional Prisons - Authorizes appropriations for the construction and operation of ten regional prisons for State and Federal prisoners found to have substance abuse problems requiring long-term treatment to be located in places chosen by the Director of National Drug Control Policy. Sets forth requirements regarding prisoner eligibility, State responsibilities with respect to such prisons, and the powers of the Director of the Bureau of Prisons. Subtitle H: Victims of Child Abuse Act of 1992 - Victims of Child Abuse Act of 1992 - Chapter 1: Drug-Related Child Abuse; Habitual Child Abuse Offense - Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the CSA or the Controlled Substances Import and Export Act. Requires the Attorney General to amend the United States Attorneys' Manual to reflect the intent of the Congress that Federal prosecution occur only in egregious cases of drug-related abuse and neglect. Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law. Chapter 2: Improving Investigation and Prosecution of Child Abuse Cases - Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours, minimizing the number of interviews the child victim must attend, requiring that all interviews and meetings with a child victim occur at the counseling center, designating a director for the multidisciplinary program, and assigning volunteers or staff advocates to each child's family. Requires the Administrator to make grants to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts. Authorizes appropriations. Chapter 3: Court-Appointed Special Advocate Program - Requires the Administrator to: (1) make grants to expand the court-appointed special advocate program; (2) establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations. Chapter 4: Child Abuse Training Programs for Judicial Personnel and Practitioners - Requires the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases and provide administrative reform in juvenile and family courts. Subtitle I: Rural Drug Enforcement - Rural Drug Enforcement Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas. Amends the Omnibus Act to set aside specified sums for rural areas. Directs the Attorney General to assign for any rural State that is currently assigned less than ten drug enforcement agents not less than four additional special agents. Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas. Authorizes appropriations. Title IV: Prevention, Treatment, and Education - Subtitle A: Drug Testing - Quality Assurance in the Private Sector Drug Testing Act of 1992 - Prohibits any employer engaged in commerce from refusing to hire an applicant, taking adverse action against an employee, or discharging an employee on the basis of the results of a drug test administered to the applicant or employee unless such test was conducted by a laboratory which: (1) meets guidelines prescribed by the Secretary of Health and Human Services; (2) requires a confirmatory test when an initial screening test is positive; and (3) provides guidelines to the employers on procedures for the collection of specimens to be tested and the chain of custody. Subjects an employer who takes any such action on the basis of a drug test result conducted by a laboratory which does not meet such requirements to a civil penalty of $10,000. Subtitle B: Miscellaneous Provisions - Amends the Public Health Service Act (PHSA) to require the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to make grants and enter into contracts and cooperative agreements to provide clinical training in alcohol and drug abuse and to develop curricula and materials for such training. Authorizes appropriations. Increases the ADAMHA block grant authorization. Authorizes the use of ADAMHA block grant funds for alcohol abuse and drug addiction treatment services in State or local correctional facilities. Requires the State, as a condition on the receipt of Federal funds, to maintain State expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years. Requires States to develop and submit to the Secretary annually for review and approval a Statewide Drug Treatment Plan. Requires the Director of the Office for Substance Abuse Prevention, in making grants for model projects for pregnant and post-partum women and their infants, to give priority to projects that will provide treatment services and that include specified programs including outreach services, child care, transportation, and other support services, case management services, and any other services that will tend to improve pregnancy outcomes, reduce substance abuse among women of childbearing age, and increase the stability of the family home environment. Bars the Director from making such grants unless specified conditions are met, such as the applicant's agreeing to provide the health service directly, that any charge imposed be according to a schedule of charges made available to the public and be adjusted to reflect the recipient's income and resources, and that no charge be imposed upon any women with an income less than 100 percent of the official poverty line. Authorizes appropriations. Establishes in ADAMHA the Office for Treatment Improvement (Treatment Office) to: (1) collaborate with the Director of the Office for Substance Abuse Prevention and the Director of the National Institute on Drug Abuse (NIDA); (2) evaluate State plans and carry out programs under existing provisions; (3) train providers of prehospital emergency medical services; (4) conduct or support described programs; and (5) take other actions with regard to treatment. Authorizes appropriations. Establishes within the General Accounting Office a Special Panel on Evaluation of Drug Prevention, Education, and Treatment Programs. Authorizes appropriations. Requires the Director of the Treatment Office to establish programs to provide grants to: (1) eligible institutions to provide training services to increase the supply of drug treatment professionals; and (2) hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects (at least one in each State) that provide, or expand the availability of, substance abuse treatment services. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to ADAMHA and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Transfers authority from the Administrator of ADAMHA to the Director of the Treatment Office for an existing grant program for reduction of the waiting period for drug abuse treatment. Removes provisions prohibiting more than one grant for any treatment program. Allows a grantee to spend not more than 50 percent of the grant for follow-up services. Increases the authorization of appropriations. Sets forth reporting requirements. Authorizes appropriations for the Federal Prison System for substance abuse treatment services. Directs the Bureau of Prisons to separate drug-dependent offenders undergoing treatment from the general prison population and avoid returning such offenders to the general prison population after the completion of the treatment program. Requires the Attorney General to: (1) make sums available from appropriations authorized for DOJ to establish a Federal training center to train Federal, State, and local prison officials to develop treatment and rehabilitation programs for drug-dependent prisoners; and (2) require the Director of the prison system to see that no less than 25 percent of all new prison beds at any new prison facility, beginning in FY 1992, include treatment and rehabilitation programs and accommodations for drug-dependent offenders. Requires the Director of the Treatment Office to establish programs to provide grants to public and nonprofit private entities that provide drug treatment services to individuals under criminal justice supervision. Subtitle C: Education and Prevention - - Reauthorizes appropriations under the Drug Free Schools and Communities Act of 1986. Amends such Act to require the Secretary of Education to establish and administer a model program to provide grants to schools and institutions to implement comprehensive drug education programs providing for the establishment of an anti-drug policy, implementation of peer to peer programs that allow children to talk about handling pressures to use and sell drugs, and family and community involvement in drug prevention. Sets forth criteria for grant awards. Authorizes appropriations. Requires such Secretary to expand existing programs at the Department of Education to provide schools with greater access to programs that teach skills in resisting drug abuse and assertiveness training for children in grades kindergarten through 12. Authorizes appropriations. Amends the PHSA to direct the Secretary of Health and Human Services to establish: (1) a program to make grants to eligible institutions that establish or expand drug prevention programs to be comprehensive in nature and to include an anti-drug policy, peer to peer drug abuse programs, and family and community involvement; and (2) a National Substance Abuse Prevention Training Program to make grants to States, local agencies, and community organizations to provide substance abuse prevention training and to coordinate with other community resources and programs. Authorizes appropriations. Directs such Secretary to establish a National Drug Prevention Corps. Authorizes appropriations. Requires the Director of National Drug Control Policy to provide resources to assist members of the motion picture and television industries in the production of programs that carry anti-drug messages. Authorizes appropriations. Expresses the sense of the Congress that: (1) all places of work should be drug-free; (2) corporate America should take an active role in assisting employees with drug-related problems; and (3) employers should take specified steps towards creating a drug-free workplace, such as establishing a clear drug-free policy and establishing an employee assistance plan for substance abusing employees. Directs the Secretary of Labor to: (1) identify 100 major business regions in the United States and contact local chief executive officers in such regions to encourage them to develop in each region a Corporation Against Drug Abuse program; and (2) provide each region with $10,000 to assist such officers in coordinating such program in each region. Amends the Drug-Free Workplace Act of 1988 to include within the drug-free awareness programs for Federal contractors and Federal grant recipients discussions of the dangers and early signs of drug abuse by children. Title V: Department of Defense - Authorizes the Secretary of Defense to plan and execute training missions for the primary purpose of assisting civilian law enforcement agencies in connection with counter-drug activities. Amends the Department of Defense Authorization Act of Fiscal Years 1990 and 1991 to authorize the Secretary to transfer excess communications equipment to civilian law enforcement agencies of foreign countries to assist in counter-drug activities. Authorizes the President to lease excess engineering equipment in the inventory of DOD to foreign governments to assist in anti-drug activities or in the development of their infrastructure at nominal or no cost to such governments. Authorizes the Secretary to make available logistic support to any major illicit drug producing country which has been transferred excess defense articles. Allocates funds appropriated for such support. Title VI: Sanctions for Failure to Land or to Bring To - Makes it unlawful for the pilot, operator, or other person in charge of an aircraft subject to U.S. jurisdiction to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the registration should not be revoked or why it would be in the public interest to issue a new certificate of registration to be effective concurrently with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with Customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title VII: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title VIII: Narcotics-Related Public Corruption - Specifies that any: (1) public official who corruptly demands, seeks, or accepts anything of value in return for being influenced in the performance or non-performance of an official act or influenced to commit or aid in committing any Federal or State offense shall be guilty of a class B felony; and (2) person who corruptly gives, offers, or promises anything of value to a public official (or offers to give anything of value to any other person) with intent to influence any official act or to influence such public official to commit a Federal or State offense or to do or omit any act in violation of such official's lawful duty shall be guilty of a class B felony. Authorizes funding for undercover operations by the Department of the Treasury. Title IX: Asset Forfeiture and Money Laundering - Makes technical and conforming amendments to the CSA, Federal criminal code, and Tariff Act. Title X: Miscellaneous - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Title XI: High Priority Research Areas - Subtitle A: General Provisions - Expresses the sense of the Congress that the Medications Development Division of NIDA shall devote special attention and resources to achieving the development of a methadone alternative, a long-acting narcotic antagonist, a cocaine blocking treatment, a cocaine blocker/narcotic antagonist treatment, medications to treat addictions to methamphetamine, and medications to treat pregnant addicts and their fetuses. Requires: (1) the Director of the Division to establish a panel of independent experts in the field of pharmacotherapeutic treatment of drug addiction to assess the national strategy for developing such treatments and make appropriate recommendations; and (2) the Surgeon General of the United States to submit to the appropriate congressional committees a report setting forth recommendations of such panel and assessing the progress of the Nation toward development of safe, efficacious pharmacological treatments for drug addiction. Subtitle B: Counter-Narcotics Technology Assessment Center - Counter-Narcotics Technology Act of 1992 - Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy (ONDCP) the Counter-Narcotics Technology Assessment Center, to operate under the general authority of the Deputy Director for Supply, ONDCP, to serve as the central counter-narcotics enforcement research and development organization of the U.S. Government. Requires that there be at the head of the Center the Chief Scientist of Counter-Narcotics Technology. 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. Establishes a national counter-narcotics technology account. Requires such appropriations to be made to the account for the Director to make reimbursements to the involved agencies. Authorizes appropriations. Subtitle C: National Drug Abuse Epidemiology - Amends the PHSA to require the Secretary of Health and Human Services to establish a National Drug Intelligence Epidemiology System to: (1) conduct research and provide documentation on the leading drug abuse indicators, such as drug-related emergency room visits, deaths, and drug treatment admissions; (2) publish data concerning such indicators on a quarterly basis; and (3) distribute publications concerning such information to medical professionals, police agencies, and others involved in anti-drug efforts. Authorizes appropriations. Requires the Secretary to establish a National Drug Abuse Report Card to: (1) collect research on such indicators; (2) characterize the statistics compiled by age, ethnic, and gender groups, by regional variations, and by at-risk groups; (3) include estimates of drug use among previously under-surveyed groups; and (4) publish and distribute reports on a quarterly basis. Authorizes appropriations. Subtitle D: Land-Based Drug Interdiction Technology - Requires: (1) the Director of the U.S. Border Patrol to make certain sums available to accelerate the development of new technologies for land-based drug interdiction systems to be deployed along the U.S.-Mexican border to monitor narcotics trafficking activity, and to have such technology available for deployment by June 1, 1993; and (2) the Attorney General to ensure that the development of such technology is included in any comprehensive plan for utilizing existing research and development facilities of specified Federal agencies to carry out their anti-drug missions. Title XII: Appropriations - Provides for a reduction in amounts available for Government travel to cover the cost of any additional outlays resulting from this Act, with exceptions.
Bill· HRH.R. 5293 (102nd)open
United States · United States Congress · 28 May 1992
Airline Competition Enhancement Act of 1992 - Amends the Federal Aviation Act of 1958 to prohibit a vendor, in the operation of its air carrier computer reservations system, from discriminating against participants in such system in specified ways, including: (1) making available to subscribers an integrated display which orders information on air carrier identity; (2) supplying information to a person creating or attempting to create such an integrated display; (3) making available, after September 30, 1994, to a subscriber or participant any subscriber or participant transaction capability which is more functional, timely, complete, accurate, reliable, secure, or efficient with respect to one subscriber, or participant, than to another; (4) charging a participant fee for, or requiring terms or conditions with, the provision of any computer reservation system feature, function, or service unless they are reasonable; (5) charging a participation fee more than the maximum fee found reasonable; or (6) prohibiting a subscriber from obtaining or using another computer reservation system. Prohibits a vendor or air carrier from requiring, or providing incentives to induce, a subscriber to use information from a computer reservation system to create an integrated display which orders information on air carrier identity. Prohibits a vendor, except on grounds of demonstrated technological incompatibility, from prohibiting or unreasonably restricting the: (1) interconnection to its computer reservation system equipment of computer hardware or software supplied by a person other than such vendor; or (2) use by a subscriber, to access any other computer reservation system or data base, or hardware and communications lines supplied by another vendor. Sets forth other specified prohibitions. Prohibits a vendor from: (1) requiring, as a condition for providing a subscriber additional computer reservation system components (including software and enhancements), that the term of the subscriber's contract be extended; (2) requiring use of its computer reservation system by such subscriber in any sale by the subscriber of the vendor's air transportation services; (3) requiring use of its computer reservation system as a condition of compensation for the sale of air transportation services by the subscriber; and (4) charging prices to subscribers conditioned on the identity of air carriers whose air transportation services are sold by such subscribers. Prohibits the enforcement of subscriber contract provisions for a contract term of more than three years. Sets forth other specified contract provisions which are not enforceable. Prohibits a subscriber from using computer software or hardware to modify information in a computer reservation system so as to produce: (1) integrated displays of such information based on air carrier identity, unless specified conditions are met; or (2) displays of such information based on subscriber or participant transaction capability. Requires vendors to submit quarterly reports to the Secretary of Transportation (Secretary) describing the manner in which they propose to comply with this Act. Requires the Secretary to transmit to specified congressional committees a compliance progress report based on the vendors' reports. Authorizes participants who object to a new or increased participant fee to demand that such action be reviewed by an arbitrator. Sets forth specified administrative provisions with respect to violations of this Act. Directs the Secretary not to give consideration to the availability of slots (reservations for an instrument flight rule takeoff or landing) at high density airports (airports at which the Administrator limits the number of instrument flight rule takeoffs and landings) in: (1) determining the provision of basic essential air service to small communities; and (2) selecting an air carrier to provide such service. Requires the Secretary to ensure that a sufficient number of such slots are available to the air carrier providing such service at such airports. Provides for the transfer of slots at such airports.
Bill· HRH.R. 5295 (102nd)referred
United States · United States Congress · 28 May 1992
Aircraft Noise Research and Abatement Act of 1992 - Directs the Administrators of the Federal Aviation Administration and of the National Aeronautics and Space Administration to conduct a joint research program to develop by the year 2000 new technologies for quieter subsonic jet aircraft engines and airframes. Authorizes appropriations. Requires an annual progress report to the Congress.
Bill· HRH.R. 5292 (102nd)open
United States · United States Congress · 28 May 1992
Authorizes the President to appoint General Thomas C. Richards to the Office of Administrator of the Federal Aviation Administration.
Bill· HJRESH.J.Res. 498 (102nd)referred
United States · United States Congress · 28 May 1992
Designates the week beginning October 4, 1992, as National Aviation Education Week.
Bill· HRH.R. 5268 (102nd)referred
United States · United States Congress · 27 May 1992
Amends the Federal Aviation Act of 1958 to establish deadlines for: (1) notice to petitioners for a rulemaking informing them of the Administrator of the Federal Aviation Administration's (FAA) intent with respect to the issuance of a proposed rule; (2) issuance of the proposed rule; and (3) issuance of the final rule. Sets forth congressional reporting requirements. Requires the Administrator to make available to the public any comments received with respect to any review of a proposed regulatory project or rule of the FAA conducted by an employee of the Department of Transportation, Office of Management and Budget, or any other executive agency.
Bill· HRH.R. 5229 (102nd)open
United States · United States Congress · 21 May 1992
Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.
Bill· SS. 2743 (102nd)referred
United States · United States Congress · 20 May 1992
Yugoslavia Sanctions Act of 1992 - Imposes the following sanctions on Yugoslavia (the Federation of Montenegro and Serbia) until conditions under this Act have been met: (1) a prohibition on the furnishing to Yugoslavia of U.S. assistance funds appropriated before this Act's enactment date; (2) opposition to loans by specified multilateral financial institutions to Yugoslavia; and (3) restrictions on air travel between the United States and Yugoslavia. Provides that such conditions are that Yugoslavia: (1) is not waging a war of military aggression against any other country; (2) is not supporting any military unit, militia, or paramilitary organization in another country; (3) is not occupying any territory of another country and is not assisting forces occupying another country; (4) recognizes as international borders the borders of Croatia, Bosnia-Hercegovina, and Macedonia as specified in the 1974 Yugoslav Federal Constitution and as existed on December 31, 1984; (5) is not interfering with United Nations peacekeeping operations or with international observer missions or humanitarian relief efforts; and (6) is not engaged in systematic violations of human rights. Directs the President to certify that such conditions have been met to the Speaker of the House and the chairman of the Senate Foreign Relations Committee. Provides that the independent countries of the former Yugoslavia shall be the heirs severally and collectively to the assets and liabilities of the former Yugoslavia. Expresses the sense of the Congress that the President should not recognize Yugoslavia until it has met the conditions under this Act and that the President should enter into negotiations with the independent countries of the former Yugoslavia to insure an equitable distribution of the diplomatic property in the United States among the successor states. Urges the President to: (1) negotiate multilateral sanctions pursuant to the United Nations Charter against Yugoslavia so long as Yugoslavia is supporting acts of military aggression against Bosnia-Hercegovina; and (2) oppose Yugoslavia's aggression in all appropriate fora. Applies sanctions under this Act to any other independent country of the former Yugoslavia if such country is engaged in military aggression against a neighbor for the purpose of changing its boundaries. Expresses the sense of the Congress that the President should take steps so that adequate humanitarian assistance reaches needy people in Bosnia-Hercegovina.
Bill· HRH.R. 5217 (102nd)referred
United States · United States Congress · 20 May 1992
Aviation Noise Limit Act of 1992 - Directs the Secretary of Transportation (Secretary) to develop a staged plan to reduce by at least 75 percent on or before January 1, 2001, the number of individuals residing in residential areas in the vicinity of an airport who are exposed to a yearly day-night average sound level of 60 decibels or above. Requires the Secretary in developing such plan to consider various methods for aviation noise reduction, including soundproofing, relocation incentives, use of quieter aircraft, operations restrictions, and revision of air routes. Authorizes the Administrator of the Federal Aviation Administration to make airspace traffic changes in residential areas if they will not result in an increase in aviation noise. Requires the Secretary to assume responsibility for compliance with the requirements of this Act with respect to all non-military aviation activity.
Resolution· HRESH.Res. 457 (102nd)passed
United States · United States Congress · 14 May 1992
Sets forth the rule for the consideration of H.R. 4691 (authorizing appropriations for specified aviation safety and airport improvement projects).
Law· SS. 2703 (102nd)enacted
United States · United States Congress · 13 May 1992
Authorizes the President to appoint General Thomas C. Richards to the Office of Administrator of the Federal Aviation Administration.
Bill· SJRESS.J.Res. 300 (102nd)referred
United States · United States Congress · 12 May 1992
Designates the week beginning October 4, 1992, as National Aviation Education Week.
Bill· HRH.R. 5137 (102nd)referred
United States · United States Congress · 12 May 1992
Authorizes the Secretary of Defense, in order to assist the United States Space Camp, the United States Space Academy, or the Aviation Challenge in achieving their educational goals, to sell, lease, lend, or give aircraft, vehicles, communications, training, or other equipment, supplies, or other materials to such entities and to permit such entities to use, on a reimbursable basis, Department of Defense facilities and, without reimbursement, the services of Department members or employees.
Bill· HRH.R. 5124 (102nd)open
United States · United States Congress · 7 May 1992
Airfare Advertising Reform Act of 1992 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission (FTC) to prevent domestic and foreign air carriers from disseminating, or causing dissemination of, false, misleading, or deceptive advertisements. Amends the Federal Aviation Act of 1958 to prohibit the Civil Aeronautics Board (sic) from taking action with respect to deceptive advertisement violations committed by such air carriers if such violation also constitutes a violation under the Federal Trade Commission Act and this Act. Requires the FTC to issue a final rule which at a minimum provides that dissemination of any advertisement for air transportation between two points by an air carrier which contains a rate for such transportation shall constitute an unfair or deceptive practice affecting commerce, unless: (1) the advertisement clearly and conspicuously discloses all material restrictions governing the rate offered; (2) the rate includes all costs for obtaining such air transportation (including taxes, fees, fuel, and other surcharges) and is the round trip rate (if a round-trip ticket must be purchased to obtain such rate); and (3) the advertisement also contains the minimum number of seats per flight to which such rate applies.
Record· NominationPN1125 (102nd)open
United States · United States Senate · 5 May 1992
Bill· SS. 2642 (102nd)open
United States · United States Congress · 30 April 1992
Aviation Noise Improvement and Capacity Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that: (1) it is in the public interest to recognize the effects of airport capacity expansion projects on airport noise; and (2) noncompatible land uses around airports must be reduced, and efforts to mitigate noise must be given a high priority. Authorizes appropriations for FY 1993 through 1995 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); (4) aviation research, engineering and development, and demonstration projects; and (5) enhancing airport capacity. Requires the Administrator of the FAA to assure that sufficient resources are available to develop improved technology for reduction in engine and airframe noise and aircraft emissions. Amends Federal law to authorize appropriations for FY 1993 through 1995 for FAA operations. Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airway Improvement Act of 1982 to increase the apportionment of airport development and planning funds for: (1) airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Repeals the limitation on the amount of such funds. Decreases the State apportionment of such funds. Limits to no more than 44 percent (currently, 49.5 percent) the apportionment of such funds for primary and cargo service airports in cases where such apportionment has been limited or reduced by an Act of the Congress. Extends the funding for the military airport set-aside program. Increases the noise set-aside apportionment for airport noise compatibility planning programs. Prohibits the Secretary of Transportation (Secretary) from obligating funds for airport development projects for the construction or extension of a runway for large aircraft operations at an airport unless it has a noise compatibility program which takes into account such runway extension or construction. Authorizes the increase by a specified percentage of the maximum obligation of the United States for airport development and planning projects for FY 1993 and thereafter for an airport other than a primary airport. Includes as an "aircraft development" activity the: (1) relocation of an air traffic control tower if relocation is necessary to carry out an approved project; and (2) if funded by a grant under this title, construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business. Requires as a condition precedent to the approval of an airport development project grant application that the Secretary receive assurances that a report of the airport budget will be available to the public at reasonable times and places. Requires the Administrator of the FAA to increase the employment of aviation safety inspectors by a specified ratio percentage. Title II: Federal Aviation Act Amendments - Amends Federal law to limit the term of the Administrator of the FAA appointed after March 1, 1993, to one five-year term. Requires the Administrator of the FAA to require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Requires the Administrator of the FAA to initiate a rulemaking to consider whether it is advisable to require enhanced training or education, especially on the use of autopilot and high altitude flight, for pilots operating high performance, single engine, propeller-driven aircraft. Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower, provided certain safety and contract requirements are met. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Title III: Airline Consumer Protection and Competition Emergency Commission - Airline Consumer Protection and Competition Emergency Commission Act of 1992 - Establishes the Emergency Commission on Airline Consumer Protection and Competition to: (1) assess and report to the President and the Congress on the state of the airline industry and the aircraft manufacturing industry, particularly the full implications of foreign ownership of U.S. carriers; and (2) recommend Government policies to improve the competitive environment for the U.S. airline industry and aircraft manufacturing industry, retard the flow of carrier bankruptcies and accompanying loss of jobs, assure continued ownership and control of U.S. carriers by U.S. citizens, promote adequate levels of competition and service with reasonable fares in all geographic areas of the Nation, and stabilize the work environment of airline industry employees.
Bill· SS. 2645 (102nd)referred
United States · United States Congress · 30 April 1992
Directs the Administrator of the Federal Aviation Administration (FAA) to issue a notice of proposed rulemaking to require improved measures to enhance the safety of aircraft operations in adverse winter weather conditions. Requires such rulemaking to address, among other things: (1) the need to require uniform procedures and standards for deicing aircraft before takeoff, including the use of particular deicing agents; (2) limitations and improvements on elapsed time allowed between deicing and takeoff; (3) requirements for deicing facilities in close proximity to the point of takeoff at U.S. airports; (4) modifications to FAA procedures for certifying aircraft for operation in the United States to require notification to aircraft operators of safety recommendations made by aircraft manufacturers; (5) the implementation of recommendations issued by the National Transportation Safety Board; and (6) modifications to procedures for determining when aircraft require deicing and whether such aircraft can safely operate under conditions which compel the use of deicing agents. Sets deadlines for interim and final regulations.