Defence

Veterans' Educational Assistance Improvements Act of 1988

United States · United States Congress · 17 May 1988

Veterans' Educational Assistance Improvements Act of 1988 - Title I: Educational Assistance and Vocational Rehabilitation Program Improvements - Amends Federal veterans' benefits provisions to make cooperative training benefits available both to veterans entitled to: (1) educational assistance under the Montgomery GI Bill active-duty educational assistance program; and (2) educational assistance under the post-Vietnam Era Educational Assistance program. Authorizes payment through the Veterans Administration (VA) for such training at 80 percent of the basic full-time monthly rate otherwise payable, with the member's educational assistance entitlement charged accordingly. Eliminates the reference to a high school equivalency certificate (as a requirement for eligibility for educational benefits under the Montgomery GI Bill), instead requiring that an individual have certain alternate school credentials accepted by the armed forces, pursuant to regulations promulgated by the Secretary of Defense, which are equivalent to a secondary school diploma. Provides that a person who receives an early discharge from service for a preexisting medical condition which the Administrator of Veterans Affairs determines is not service-connected and, as a result of such discharge or release, does not meet the length-of-service requirements for entitlement to educational assistance, shall be entitled to receive military pay equal to the entire amount of his or her military pay reduction previously taken for participation in such program, less any inservice educational assistance received before such release or discharge. Authorizes an individual who is eligible for educational assistance and who is separated from service prior to the completion of his or her four-year Selected Reserve obligation due to disability, hardship, or the convenience of the Government, to elect whether he or she wants to receive entitlement based on two years of active-duty obligation or to receive such entitlement based on four years of Selected Reserve duty. Authorizes the use of nonpay work training programs for veterans in State or local government agencies (currently, such veterans may only obtain such nonpay work training programs through Federal agencies), supported in whole or in part with Federal funding, to provide appropriate training or work experience for an eligible service-disabled veteran under the veterans' vocational rehabilitation program. Requires the VA to promulgate regulations to monitor and guard against abuse of such free resource by the employing agency and to ensure that such training is in the best interest of the veterans and the Federal Government. Limits the amount of educational assistance payable to a veteran under the post-Vietnam Era Veterans' Educational Assistance program when such veterans are incarcerated in a Federal, State, or local penal institution for conviction of a felony. Reduces such amount to the lesser of the amount otherwise payable or the established charges for tuition, fees, and necessary books, supplies, and equipment. Reduces such amount further to the extent tuition and fees are paid under other non-VA governmental programs. Title II: Administrative Provisions - Revises current Federal provisions which provide for the measurement of certain unit courses or subjects pursued by veterans toward a standard college degree to measure such course enrollment by converting the credit hours being pursued to equivalent clock hours, and combining this number with the actual number of clock hours concurrently pursued, if any, to determine appropriate training time to be credited to such veterans. Extends through December 31, 1993, the Veterans' Advisory Committee on Education. Amends various veterans' educational assistance provisions to permit eligible veterans to receive payment for the pursuit of remedial, refresher, or deficiency courses, with an appropriate charge to that individual's total educational assistance entitlement. Provides that certain individuals' entitlement to educational assistance will be computed from the date of first entry on active duty. (Currently, the entitlement period begins on the period after the individual's basic pay is reduced for such educational assistance.) Provides for a proportionate reduction in educational assistance entitlement in accordance with the reduction in monthly educational assistance allowance paid when a veteran pursuing an apprenticeship or other on-the-job training program fails to work at least 120 hours in a month. Provides the same proportionate reduction for educational assistance benefits under the post-Vietnam Era Educational Assistance program for failure to complete 120 hours of apprenticeship or other on-the-job training in a month. Requires the Assistant Secretary for Force Management and Personnel to be an ex officio member of the Commission to Assess Veterans' Education Policy.

A resolution waiving certain points of order against consideration of the bill (H.R. 4586) making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1989, and for other purposes.

United States · United States Congress · 17 May 1988

Waives points of order against the consideration of H.R. 4586 (military construction appropriations).

David S. C. Chu, of the District of Columbia, to be an Assistant Secretary of Defense. (New Position - P.L. 100-180)

United States · United States Senate · 16 May 1988

A bill to amend title 38, United States Code, to expand the period considered as the Vietnam era in the case of veterans who served in the Republic of Vietnam.

United States · United States Congress · 16 May 1988

Changes the definition of "Vietnam era," for purposes of veterans' benefits, to include, in the case of a veteran who served in Vietnam, the period from February 28, 1961, through May 7, 1975.

A bill to amend title 38, United States Code, to authorize the appointment of Veterans' administration-trained graduates in certain health-care professions or occupations by the Veterans' Administration without regard to civil service hiring procedures.

United States · United States Congress · 13 May 1988

Authorizes the appointment of Veterans Administration-trained graduates in certain health-care professions or occupations by the Veterans Administration without regard to civil service hiring procedures.

An original bill to authorize the Secretary of Defense to transfer between accounts a limited amount of funds appropriated for the Department of Defense for fiscal year 1989.

United States · United States Congress · 12 May 1988

Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to increase the amount of Department of Defense (DOD) authorizations for FY 1988 that are subject to transfer from $2,000,000 to $4,000,000. Requires the Secretary of Defense, in determining the purposes for which such transfer authority will be used, to: (1) ensure that an appropriate portion of such authority is used to transfer to operation and maintenance accounts of DOD for FY 1988 funds for depot maintenance activities sufficient to reduce service backlogs and funds for pay of civilian personnel of DOD in an amount sufficient to ensure that no such employees are released due to insufficient funding; (2) give special consideration and priority to DOD civilian employees, defense readiness, and more efficient acquisition processes; and (3) provide funds for other high-priority readiness items.

An original bill to amend title 10, United States Code, to impose certain limitations on the obligation of authorized appropriations for the Department of Defense, and for other purposes.

United States · United States Congress · 12 May 1988

Prohibits the obligation of any unauthorized defense appropriation unless the obligation is specifically authorized by law after the enactment of such appropriations. Provides that, of any amount appropriated to the Department of Defense (DOD) in an appropriation law, the amount that may be obligated or expended is the amount appropriated reduced by any amount determined by the Secretary of Defense to be for unauthorized programs, projects, or activities. Requires the Secretary, no later than 30 days after the enactment of an appropriation or authorization law (whichever is enacted later), to report to the Congress on any unauthorized projects, programs, or activities, as well as any amounts appropriated for such projects, programs, or activities. Directs the Comptroller General to review each such report and report to the Congress if: (1) the law with respect to which the Secretary submitted a report provides appropriations for an unauthorized program, project, or activity in addition to those identified by the Secretary; or (2) a program, project, or activity identified in the report as unauthorized is not unauthorized. Defines an unauthorized program, project, or activity as one for which an amount is provided under a defense appropriation exceeding the amount authorized to be appropriated for such program, project, or activity in a law other than an appropriation law. Provides that if, as of the first day of a fiscal year no authorization of appropriations has been enacted specifically for DOD operations, then funds appropriated or otherwise made available for that fiscal year may be obligated for pay for civilian personnel, operation and maintenance activities, and research, development, test, and evaluation activities. Provides the rate at which such funds may be obligated. Terminates such general continuing authority upon subsequent enactment of a law specifically authorizing appropriations for such purposes for a fiscal year. Provides that this Act shall not apply to permanent appropriations and trust funds for DOD. Provides that the provisions of the Impoundment Control Act of 1974 shall not apply to an unauthorized defense appropriation. Provides that nothing in this Act shall affect the application of a specified provision of the National Security Act of 1947 relating to obligations and expenditures for intelligence-related activities within the Central Intelligence Agency. Provides that funds may not be appropriated for any fiscal year for the military functions of DOD for any of the following purposes unless such funds are specifically authorized by a law other than an appropriation law: (1) procurement; (2) research, development, test, or evaluation; (3) operation and maintenance; (4) a DOD working-capital fund; or (5) military construction.

Veterans' Education Benefits Amendments of 1988

United States · United States Congress · 12 May 1988

Veterans' Education Benefits Amendments of 1988 - Makes eligible for education benefits under the Vietnam-era GI Bill individuals who: (1) before January 1, 1977, commenced the third academic year as a cadet or midshipman at one of the service academies or the third academic year as a member of the Senior Reserve Officer Training Corps (SROTC); (2) served more than 180 days as a commissioned officer, were honorably discharged, and enrolled in the Post-Vietnam Era Veterans' Educational Assistance Program; and (3) submit to the Administrator of Veterans Affairs before January 1, 1990, an irrevocable election to be so eligible. Allows students using Veterans Administration educational assistance to make a one-time course withdrawal without the requirement of repayment of benefits. Makes Montgomery GI Bill and Post-Vietnam Era Educational Assistance Program students eligible for tutorial assistance. Increases the maximum tutorial assistance payments to be paid by the Administrator.

An original bill to authorize appropriations for Federal Civil Defense programs for fiscal year 1989.

United States · United States Congress · 12 May 1988

Authorizes appropriations for FY 1989 for civil defense functions under the Federal Civil Defense Act of 1950.

Military Construction Authorization Act, 1989

United States · United States Congress · 12 May 1988

Military Construction Authorization Act, 1989 - Title I: 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, carry out architectural and engineering services and construction design activities, and improve existing military family housing in specified amounts at specified installations. Authorizes the Secretary to make advances to the Secretary of Transportation for the construction of defense access roads for a specified amount at specified locations. Authorizes appropriations to the Army for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions. Limits the total cost of all military construction projects authorized under this title. Extends authorizations for certain FY 1985 through 1987 military construction projects. Title II: 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. Earmarks specified funds for a certain shipyard modernization project at the Portsmouth Naval Shipyard, Portsmouth, New Hampshire. Authorizes the Secretary to construct or acquire military family housing, carry out architectural and engineering services and construction design activities, and improve existing military family housing in specified amounts at specified installations. Authorizes the Secretary to acquire a specified number of family housing units located on the Naval Air Station, Glenview, Illinois. States the amount of charge to be made by the Secretary for the leasing of such units after acquisition by the Secretary. Terminates the authority of the Secretary to acquire such property on October 1, 1994. Authorizes the Secretary to make advances to the Secretary of Transportation for the construction of defense access roads in specified amounts at specified installations. Authorizes appropriations to the Navy for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions. Limits the total cost of all military construction projects authorized under this title. Title III: 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, carry out architectural and engineering services and construction design activities, and improve existing military family housing in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions. Limits the total cost of all military construction projects authorized under this title. Extends authorizations for certain prior-year military construction projects. Title IV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire three military family housing units and to improve existing military family housing units in specified amounts. Authorizes the Secretary to contribute funds to the Government of the Netherlands for the U.S. share of the cost of the International Elementary and High School project in Brunssum, the Netherlands. Amends the Military Construction Authorization Act, 1987 to extend through FY 1989 the authority of the Secretary to carry out military construction projects for the construction of conforming storage facilities. Authorizes the Secretary to make advances to the Secretary of Transportation for the construction of defense access roads at Fort Meade, Maryland. Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to relocate a military construction project (for the construction of an armed forces medical facility) in the United Kingdom. Authorizes appropriations to the defense agencies for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of all military construction projects authorized in this title. Extends authorizations for a certain prior-year military construction project. Title V: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions to the North Atlantic Treaty Organization (NATO) Infrastructure Program and authorizes appropriations for such contributions. Title VI: Guard and Reserve Facilities - Authorizes appropriations for the Guard and Reserve Forces for fiscal years beginning after FY 1988 for the costs of acquisition, architectural and engineering services, and construction of facilities. Title VII: Expiration of Authorizations; Effective Date - Provides, with specified exceptions, that all authorizations contained in titles XXI through XXV of this Act for military construction projects, land acquisition, family housing projects and facilities, and contributions to the NATO Infrastructure Program shall expire on October 1, 1990, or the date of enactment of an Act authorizing military construction projects for FY 1991, whichever is later, except where appropriations have been obligated. Title VIII: General Provisions - Part A: Miscellaneous - Expands the authority of the Secretary to aid in planning local community adjustments to include the making of grants to aid in planning adjustments required by: (1) a publicly-announced planned major reduction in DOD spending that would directly and adversely affect a community; or (2) the encroachment of a civilian community on a military installation, if the Secretary determines, in either case, that such action would have an adverse consequence or would impair the continued operational utility of the military installation. Requires, in the case of the planned major reduction, that such reduction will result in the loss of 1,000 or more full-time DOD and contractor employee positions over a five-year period in the locality in order to be eligible for such grant assistance. Authorizes the Secretary, in addition to any other grant authority, to provide community planning assistance grants for: (1) communities located near newly-established light infantry division posts; and (2) communities located near newly-established Navy strategic dispersal program homeports. Terminates such grant authority on September 30, 1991. Amends the Military Construction Authorization Act, 1984 to allow (currently requires) a rental housing lease agreement to include a provision rendering the agreement null and void if the owner of the housing fails to maintain a satisfactory level of operation and maintenance. Authorizes the Secretary of a military department (or the Secretary of Transportation, in the case of the Coast Guard), in the case of housing located on land owned by the United States and with respect to which housing is guaranteed, to: (1) require the United States to provide utilities, trash collection, snow removal and entomological services at no cost to the occupant to the same extent that such services are provided to occupants of Government-owned housing; and (2) provide for rent collection and for operation and maintenance under a separate contract or use Government personnel to provide such services. Increases from 20 to 32 years the authorized length of long-term facilities contracts entered into by the Secretary of a military department. Increases from 36,000 to 38,000 the authorized number of family housing units that may be leased in foreign countries to provide military family housing. Deletes a Federal provision prohibiting a military construction project to be placed under contract if there are variations of more than 25 percent in either the scope of the work to be performed or the project cost over the project ceiling. Deletes a provision allowing the project approved amount to be increased upon certain determinations by the Secretary concerned. Revises provisions relating to the waiver on limitations on cost increases if certain conditions occur (such as written notification to the appropriate congressional committees followed by a waiting period). Increases from $100,000 to $200,000 the maximum limit on real property transactions triggering a report by the Secretary concerned to the defense committees. Deletes a requirement of a report from the Secretary concerned to the appropriate congressional committees if the Secretary purchases an interest in land of more than $100,000. Directs the Secretary of the Navy to issue solicitations for proposals for the acquisition of such office space within the National Capital Region as determined necessary to meet the needs of the Navy. Directs the Secretary, no later than 90 days after the date on which the Secretary receives responses to the proposal solicitations, to report to the defense committees regarding such proposals. Amends the Military Construction Authorization Act, 1987 to increase the amount authorized for certain construction at the Brooke Army Medical Center, Fort Sam Houston, Texas. Part B: Real Property Transactions - Authorizes the Secretary of the Navy to convey to the San Diego Unified Port District of San Diego, California, certain real property in San Diego in exchange for certain parcels of land adjacent to the San Diego Naval Station. Prohibits the Secretary from entering into such an exchange until he has notified the defense and appropriations committees and 21 days have expired since such notice. Authorizes the Secretary of the Navy to grant an easement to Orange County, California, for the construction and maintenance of flood control improvements at the northern boundary of the Marine Corps Air Station, El Toro, California. Provides the consideration for such conveyance, and provides additional terms and conditions to such conveyance. Directs the Administrator of General Services to transfer to the Secretary of the Navy certain vacant land at the Suitland Federal Center, Suitland, Maryland, that the Administrator determines to be: (1) excess to present and future needs at the Center; and (2) adequate to accomodate the needs of the Navy for construction and operation of a Navy Intelligence Command Headquarters. Authorizes the Secretary of the Army to sell and convey a portion of Fort Jackson, South Carolina, under specified terms and conditions.

Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act, 1989

United States · United States Congress · 12 May 1988

Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act, 1989 - Title I: National Security Programs - Authorizes appropriations to the Department of Energy (DOE) for FY 1989 for operating expenses incurred and for plant and capital equipment necessary in carrying out national security programs involving: (1) weapons activities; (2) defense nuclear materials production; (3) environmental restoration and management of defense waste and transportation; (4) verification and control technology; (5) nuclear materials safeguards and security technology development program; (6) security investigations; and (7) naval reactors development. Limits the amount of such DOE funds that may be obligated or expended for the following: (1) programs, projects, and activities of DOE relating to SDI; and (2) the inertial confinement fusion program. Restricts the obligation of funds for: (1) the short-range attack missile II; and (2) the construction of a cooling tower at the K reactor, Savannah River Plant, South Carolina. Title II: General Provisions - Part A: Recurring General Provisions - Prohibits the use of funds authorized under this title for any program where the costs of the program exceed by five percent or by more than $10,000,000, whichever is less, the amount authorized for that program under this title. Prohibits the use of funds authorized by this title for programs which have not been presented to, or requested of, the Congress unless the Secretary of Energy transmits to the appropriate committees a full and complete statement of the action proposed and 30 days have expired since such statement was submitted. Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title. Authorizes the Secretary of Energy to carry out any authorized general plant construction project only if the maximum estimated cost of the project does not exceed $1,200,000. Requires reports from the Secretary to specified committees when revised costs of a project exceed such amount. Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost, and 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 appropriation is made. Authorizes the Secretary to perform advance planning and construction design services in connection with any proposed construction project if the total cost does not exceed $2,000,000. Requires the Secretary to notify the appropriate committees whenever such planning and design exceeds $300,000, and requires specific legislative authorization whenever such services exceed $2,000,000. Authorizes the Secretary to perform emergency construction planning and design to meet the needs of national defense or to protect property or human life. Makes funds authorized for operating expenses and plant and capital equipment under this title available for all national security programs of DOE. Authorizes increases in amounts authorized under this title in order to account for increases in salary, pay, retirement, and other benefits as authorized by law. Part B: Miscellaneous Provisions - Directs the Secretary of Energy to request the National Academy of Sciences (NAS) to conduct a review of the inertial confinement fusion program of DOE and to submit to the defense committees, no later than January 15, 1990 and September 15, 1990, reports on the results of such review. Directs the Secretary to review such reports and, no later than 30 days after receipt of each, to submit to the same committees comments and recommendations concerning such reports. Directs the Secretary, no later than July 31, 1988, to submit to the defense committees a report containing the Secretary's recommendations for the site for construction of a new production reactor and the Secretary's recommendation for the preferred technology for a new production reactor. Requires the Secretary to report to the defense committees, at the same time that the budget for FY 1990 is submitted to the Congress, with information pertaining to a new production reactor. Directs the Secretary to enter into negotiations with the New Mexico Institute of Mining and Technology for the purpose of entering into an agreement with the Institute to provide funds for the work of the Environmental Evaluation Group for a term of five years. States the purpose of the Group to be to conduct a thorough review of the Waste Isolation Pilot Plant project in New Mexico. Sets forth administrative provisions concerning staffing, functions, and funding for the Group. Authorizes the Secretary to pay to Los Alamos County in New Mexico an agreed-upon amount to provide for the final settlement of all obligations of the United States to make community assistance payments to the County as required under the Atomic Energy Community Act of 1955. Limits the total amount authorized to be paid to such County as such final payment. Outlines terms and conditions of such settlement. Authorizes appropriations. Part C: Independent Nuclear Safety Board Oversight Over Department of Energy Nuclear Facilities - Expresses certain congressional findings relating to the need for independent oversight of safety operations at DOE nuclear facilities. States the purpose of this part to be to establish a Defense Nuclear Safety Board to ensure the protection of public health and safety in activities at DOE nuclear facilities. Establishes such Board, outlining administrative provisions relating to Board composition, functions, powers, and responsibilities. Requires the Board to review and evaluate the implementation of the health and safety standards of DOE at each DOE nuclear facility and to recommend to the Secretary specific measures that should be adopted to reduce substantially the likelihood that actual or potential nuclear incidents will occur. Provides that if the Secretary of Energy determines that any action recommended by the Board or any action proposed by the Secretary in response to the Board's recommendation might affect DOE's ability to meet the annual nuclear weapons stockpile requirements, the Secretary shall inform the President, the Secretary of Defense, and the appropriations and defense committees of the Congress of such recommendation and shall consult with the Secretary of Defense on such action. Outlines further administrative action authorized to be taken by the Board or the Secretary in specified circumstances. Requires all recommendations made by the Board to the Secretary of Energy to be made available to the public. Directs the Secretary to transmit to the Board a statement as to whether he accepts or rejects the recommendations submitted, a description of the actions to be taken in response to the recommendations, and his views on such recommendations. Outlines further administrative provisions relating to the Secretary's response to the Board's recommendations, the preparation of a plan by the Secretary implementing any accepted Board recommendations, and the implementation of such plan in a timely manner. Requires additional notice to the President, the Secretary of Defense, and the appropriations and defense committees when a Board recommendation relates to an imminent or severe threat to public health and safety. Outlines action to be taken by the Secretary of Energy if he determines that the implementation of a Board recommendation is impractical because of budgetary considerations, or that implementation would affect the Secretary's ability to meet the annual nuclear weapons stockpile requirements. Requires the Board to submit annually, at the same time that the President submits the budget to the Congress, a report concerning the activities and recommendations made by the Board during the preceding year. Directs the reports to be submitted to the appropriations and defense committees. Directs the Secretary of Energy to submit, to the same committees at the same time, a written report concerning the activities of DOE during the preceding year. Authorizes assistance to the Board on all matters under its consideration from specified Federal agencies, advisory bodies, and organizations outside the Federal Government. Terminates the Board upon the expiration of the six-year period beginning on the date of enactment of this part. Requires the fifth annual report submitted by the Defense Nuclear Safety Board to the defense committees (as required under the Atomic Energy Act of 1954) to include an assessment of the Board's actions and recommendations. Includes members of the Defense Nuclear Safety Board in the Executive Schedule Level III pay scale within the Federal Government. Directs the Secretary of Energy to transfer to the Defense Nuclear Safety Board a specified amount to carry out its responsibilities. Title III: National Defense Stockpile - Directs the President to obligate a specified sum during FY 1989, out of the National Defense Stockpile Transaction Fund, for: (1) the acquisition of strategic and critical materials as required under the Strategic and Critical Materials Stock Piling Act; (2) transportation, storage, and other expenses related to such acquisition; and (3) the upgrading of stockpile materials and expenses related to such upgrades. Authorizes the President to dispose of specified amounts of materials currently determined to be excess to the needs of the National Defense Stockpile. Amends the Strategic and Critical Materials Stock Piling Act to require that any proposed expenditure or disposal relating to materials in the stockpile that is not obligated or executed in the appropriate fiscal year may not be obligated or executed until the expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate congressional committees.

An original bill to make supplemental authorizations for appropriations for fiscal year 1988 for the Department of Defense, and for other purposes.

United States · United States Congress · 12 May 1988

Authorizes the obligation of specified funds previously appropriated but not authorized for FY 1988 for programs, projects, and activities of the Department of Defense (DOD). Prohibits such amounts from being obligated or expended for the following programs, projects, or activities of DOD (for which amounts that were provided in FY 1988 defense appropriations in excess of authorizations): (1) Maxicube cargo system under research, development, test, and evaluation for the Army; (2) Coastal Defense Augmentation; (3) AN/SQR-17 Acoustic Processors for the Mobile In-Shore Undersea Warfare Group; and (4) P-3C aircraft under procurement of National Guard and Reserve equipment. Prohibits Army procurement funds from being obligated or expended for a certain air defense system unless the Secretary of Defense certifies to the Congress that the system has met or exceeded full system requirements. Prohibits Navy aircraft procurement funds from being obligated or expended for procurement of any A-6 aircraft configured in the F-model configuration. Permits the use of specified funds appropriated for the modification of M60 tanks for procurement or modification of M1 tanks. Provides that limitations and requirements set forth in the Department of Defense Authorization Act, 1988 shall apply to the obligation of funds authorized by this Act. Provides the transfer authority for such funds under the National Defense Authorization Act for Fiscal Years 1988 and 1989. Deems a specified amount of authorizations under this Act to be authorized to the Army, Navy, and Air Force to prevent the furlough separation of civilian employees and to fund other high-priority readiness programs. Repeals specified provisions of the Department of Defense Appropriations Act, 1988 which: (1) authorized the Navy to construct and charter up to six new tankers to replace the SEALIFT-class tankers now in service; and (2) prohibited funds from being used to enter into any contract for the overhaul, repair, or maintenance of any naval vessel on the west coast of the United States which includes interport differential charges as an evaluation factor in the awarding of defense contracts.

Department of Defense Authorization Act, 1989

United States · United States Congress · 12 May 1988

Department of Defense Authorization Act, 1989 - Title I: Procurement - Part A: Funding Authorizations - Authorizes appropriations for FY 1989 to the Army, the Navy and Marine Corps, and the Air Force for procurement of the following: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes appropriations for FY 1989 for the following: (1) procurement by the defense agencies; (2) the chemical demilitarization program; and (3) procurement by the Reserves and National Guard. Authorizes the Secretaries of the Army, the Navy, and the Air Force, under specified limitations and conditions, to enter into multiyear contracts for the procurement of certain weapons and defense systems. Part B: Program Requirements, Restrictions, and Limitations - Places certain requirements, restrictions, or limitations on the following Navy procurement programs: (1) the Trident II Missile program; (2) the DDG-51 Destroyer program; (3) the 5-Inch Semi-Active Laser Guided Projectile program; (4) AH-1W Ground Support Equipment; and (5) AN/SQR-17A Acoustic Processors. Prohibits FY 1989 Air Force funds from being obligated or expended in connection with the launch facility at Vandenberg Air Force Base, California. Part C: Miscellaneous Provisions - Directs the Secretary of Defense, no later than December 1, 1988, to submit to the Congress a detailed report on the current and projected requirements of the Navy for aircraft. Extends through April 30, 1997, the deadline for completion of the chemical demilitarization program (the destruction of lethal chemical weapons) under the Department of Defense Authorization Act, 1986. Directs the Secretary to notify the Senate and House Armed Services Committees (the defense committees) of any delays in meeting such deadline. Title II: Research, Development, Test, and Evaluation - Part A: Funding Authorizations - Authorizes appropriations for FY 1989 to the armed forces and the defense agencies for research, development, test, and evaluation. Part B: Program Requirements, Restrictions, and Limitations - Repeals a specified provision of the National Defense Authorization Act for Fiscal Years 1988 and 1989 which limited the funds authorized to be obligated for the AAWS-Medium (anti-tank weapon system) until the Secretary of the Army completed evaluation of the MILAN II anti-armor weapon system. Prohibits funds from being used for procurement or for research, development, test, or evaluation of the MILAN II or the Bofors BILL medium anti-tank system. Earmarks specified funds for the Navy Trident II missile. Disallows any general defense program reductions to be taken from such program. Earmarks specified funds for the making of a grant to the National Center for Manufacturing Sciences in connection with a program of research relating to manufacturing technology. Directs the Secretary to conduct a study to determine the feasibility of developing a common launch control system for the MX rail garrison program and the Small Intercontinental Ballistic Missile (ICBM) program. Directs the Secretary to proceed with such a system if it is found to be feasible and cost-effective. Directs the Secretary, through the Under Secretary of Defense for Acquisition, to conduct a review of the small ICBM program, requiring certain estimates as part of such review. Directs the Secretary to conduct a study of the potential vulnerability of a small ICBM system to special operations forces of a potential enemy or to domestic saboteurs. Directs the Secretary to submit the results of such studies, together with comments and recommendations, to the defense committees and the Senate and House Appropriations Committees no later than March 1, 1989. Earmarks funds for such studies and for the Small ICBM and MX rail garrison programs. Earmarks specified funds for the following defense agency programs: (1) an Optoelectronics Materials Center; (2) the Consolidated Department of Defense (DOD) Software Initiatives program; and (3) extended air defenses (tactical missile systems). States the focus of the Balanced Technology Initiative program (BTI) to be the development of innovative concepts and methods of enhancing conventional defense capabilities, including the development of concepts and methods which will accelerate the rate of obsolescence of equipment, doctrine, and tactics of the Soviet Union and Warsaw Pact countries. States particular initiatives, programs, and weapons to be given emphasis under BTI. Earmarks specified funds for this program as well as for BTI programs authorized under prior defense authorization Acts. Requires the Director of Defense Research and Engineering to determine the amount of funds appropriated to the armed forces and the defense agencies for BTI. States that the Conventional Defense Initiative is not an element of BTI. Prohibits required defense budget reductions from being taken from BTI funds. Prohibits such earmarked funds from being used in connection with the Strategic Defense Initiative (SDI) program. Requires the Director, within 90 days after the enactment of this Act, to report to the defense and appropriations committees of the Congress on the implementation of these BTI provisions. Prohibits any funds from being obligated for BTI programs until such report has been received and 30 days have elapsed since the receipt of such report. Limits the obligation of funds for advanced tactical aircraft within the Navy and Air Force until the Secretary has made certain certifications to the Congress concerning sufficient budgeting for demonstration and validation programs in connection with such aircraft. Limits the obligation of funding for combat identification systems until the Secretary has made certain certifications to the Congress relating to sufficient funding for specified parts and programs within such combat identification system. Limits funding for specified air-to-air missile programs unless the Secretaries of the Navy and Air Force establish joint program offices for the co-development of such programs. Limits the authorization of appropriations for specified defense programs. Directs the Secretary to reduce such authorized amount to achieve a total reduction of $10,000,000. Part C: Strategic Defense Initiative - States the total amount to be obligated for the SDI program, stating specific amounts for each subsystem within SDI. States that funds appropriated to DOD may not be used to establish a Strategic Defense System Operational Test and Evaluation activity. Directs the Secretary, no later than 90 days after 1989 funding for SDI is enacted by legislation, to submit to the defense and appropriations committees of the Congress a report on the allocation of SDI funding for FY 1989. Prohibits funds appropriated or otherwise made available to DOD for FY 1989 from being obligated or expended: (1) for any development or testing of anti-ballistic missile systems, with a specified exception; or (2) for the acquisition of any material or equipment required to be used for the development or testing of anti-ballistic missile systems or components, with a specified exception. States that such limitation does not apply to certain SDI funds for FY 1989. Part D: Miscellaneous Provisions - Directs the Secretary, no later than December 31, 1988, to submit to the defense committees a report on the plans and projected expenditures for the Long-Range Conventional Cruise Missile program. States certain findings of the Senate with regard to strategic missile modernization. Expresses the sense of the Senate that the authorization of funds in this Act for research and development in connection with the Small ICBM and the MX Rail Garrison does not constitute a commitment or express an intent by the Senate to provide funds to procure and deploy the Midgetman missile or to deploy any MX missiles in a rail-mobile basing mode or both. Authorizes the Secretary of a military department, unless the quantity of a material in the National Defense Stockpile (NDS) is lower than the required amount, to loan to a foreign government supplies, materials, or equipment for the purpose of carrying out a program of cooperative research, development, testing, or evaluation. Authorizes the Secretary to accept as a loan or a gift such materials, supplies, or equipment for such purpose. Permits the materials, supplies, or equipment loaned to a foreign government under this provision to be consumed if the Secretary concerned: (1) determines that the success of the research or development depends on the consumption of such item; and (2) approves of the expenditure or consumption of such materials, supplies, or equipment. Amends the National Defense Authorization Act for Fiscal Year 1987 to require an annual report concerning the designation of major non-NATO allies only when a country or countries have been added to or deleted from such list. (Currently, such report is required annually even if there have been no changes in such list.) Authorizes funds made available for the University Research Initiative Program to be obligated in any State without regard to any limitation on the amount that may be expended under such program in any one State. Directs the Secretary, no later than the date on which the President submits the FY 1990 budget to the Congress, to submit to the defense committees a comprehensive report on space control capabilities of the armed forces of the United States. Title III: Operation and Maintenance - Part A: Authorizations of Appropriations - Authorizes appropriations for FY 1989 for operation and maintenance for the following: (1) the armed forces; (2) the defense agencies; (3) the Reserves; (4) the National Guard; (5) the National Board for the Promotion of Rifle Practice; (6) environmental restoration, defense; (7) the Court of Military Appeals; and (8) humanitarian assistance. Authorizes appropriations for FY 1989 for unbudgeted increases: (1) in fuel costs; and (2) as the result of inflation. Authorizes appropriations for FY 1989 for working capital funds for the armed forces and the defense agencies. Directs that the amount authorized for humanitarian assistance be used for the purpose of providing humanitarian relief to persons displaced as refugees because of the Soviet Union's invasion of Afghanistan. Specifies a certain amount of such assistance to be used for humanitarian relief supplies to the non-Communist resistance organization near the Thailand-Cambodian border. Authorizes the Secretary to transfer to the Secretary of State funds for such purpose. Provides that the transportation of such supplies shall be under the direction of the Secretary of State, requiring such transportation to be achieved by the most economical means possible. Directs the Secretary of Defense, within 60 days after the enactment of this Act and no later than June 1, 1989, and no later than June 1 of each subsequent year, to report to specified congressional committees until such funds are expended. Part B: Limitations - Prohibits the Secretary of the Navy, during FY 1989, from taking any steps to convert the operation of specified activities from the operation of an activity financed by the Navy Industrial Fund to operation as an activity financed by direct appropriations. Part C: Permanent Law Changes - Prohibits a private contractor operating a commissary store on a military installation from procuring the products to be sold in such store or from managing such store. Requires DOD personnel to perform such functions. Part D: Defense Supplies Security and Control - Directs the Secretary to carry out a study to determine the effectiveness of DOD procedures for ensuring security and control of supplies at DOD depots. Directs the Secretary, no later than 18 months after the enactment of this Act, to report to the defense committees on the results of the study, and to transmit a copy of such report to the Comptroller General. Directs the Comptroller General, within 90 days, to review the report and report to the defense committees any findings and recommendations on procedures for ensuring the security and control of such supplies. Directs the Secretary to: (1) conduct a cost-benefit analysis of the practice of selling surplus DOD munitions to the public; and (2) report to the defense committees, within 180 days after the enactment of this Act, describing and discussing each such practice. Directs the Secretary to: (1) develop improved methods of the identification and accounting for individual items of DOD supplies that are susceptible to pilferage; and (2) submit to the defense committees, no later than one year after the enactment of this Act, a report containing a description and discussion of each such method. Directs the Secretary to: (1) prepare a plan for the modernization of supply facilities and supply distribution procedures of each of the military departments and defense agencies; and (2) transmit a copy of such plan to the defense committees within one year after the enactment of this Act. Directs the Secretary, no later than February 1 annually, to submit to the defense committees a report on security and control of DOD supplies for each of the three fiscal years following the fiscal year in which this provision is enacted. Outlines information to be included in such report, including a summary of inventory program plans, a discussion of deficiencies in security and control of DOD supplies in the preceding fiscal year, and available budget authority in order to implement improvements in the security and control of such DOD supplies. Directs the Secretary to require an investigation of each discrepancy in an accounting for supplies of DOD involving an amount exceeding an amount as determined by the Secretary. Directs the Secretary to require that the job functions of supply ordering and supply receiving be performed by different individuals and offices. Directs the Secretary to ensure that: (1) DOD and armed forces personnel assigned to manage DOD supplies are skilled in the management of such supplies; and (2) no DOD employee or armed force member is assigned to perform such function for disciplinary reasons. Directs the Secretary to omit information from certain fiscal years in such report because of inadequate records. Expresses the findings of the Congress that: (1) the use of undercover investigative techniques by DOD employees enhances the ability of DOD to detect and investigate theft of Government property from the DOD supply system; and (2) the Secretary is urged to continue such undercover investigations. Directs the Secretary to establish and maintain a centralized computer system for recording and organizing information on the loss of DOD supplies. Directs the Secretary to report the theft or other loss of any ammunition, destructive device, or explosive material from the stocks of DOD to the Secretary of the Treasury within 24 hours after its discovery. Title IV: Military Personnel Authorizations - Part A: Active Forces - Authorizes the end strengths for active-duty personnel of the armed forces as of September 30, 1989. Provides for reductions in FY 1990 in the end strength of active-duty officers in the officer corps and in the number of Air Force colonels. Part B: Reserve Forces - Authorizes the end strengths for Selected Reserve personnel as of September 30, 1989. Authorizes the end strength for reserves on active-duty in support of the reserves for the same period. Increases the number of members in certain grades authorized to be on active-duty in support of the reserves. Part C: Military Training - Authorizes the average military training student loads for the armed forces, the Reserves, and the National Guard for FY 1989, requiring such student loads to be adjusted consistent with end strengths authorized for military personnel in general. Part D: Civilian Personnel - Authorizes end strengths for civilian personnel of DOD as of September 30, 1989. Outlines administrative provisions relating to the determination of such civilian personnel ceilings. Title V: Military Personnel Policy - Requires information furnished to military personnel selection boards to include information relating to the need for either a minimum number or maximum number of officers with particular skills within a competitive category. Prohibits such information from being modified, withdrawn, or supplemented after the board submits its report to the Secretary of the military department concerned, except in limited circumstances. Revises provisions concerning actions to be taken by the Secretary after review of reports submitted by such selection boards. Limits the authority of the Secretary to delegate the authority delegated to the Secretary by the President to approve or disapprove the report of a selection board. Amends the Military Family Act of 1985 to expand the preferenced hiring of qualified spouses of military personnel to include hiring for any GS-level positions. (Currently, such preference is limited to levels above the GS-1 level.) Reduces from 90 days to 30 days the time that must elapse after the Secretary submits a manpower estimate to the defense committees before the Secretary may approve the full-scale engineering development of a major defense acquisition program. Waives such required period during time of war or national emergency declared by the Congress or the President. Reduces such period to ten days if such estimate submitted to the Secretary with respect to such program indicates that no increase in military or civilian end strength will be required. Title VI: Compensation and Other Personnel Benefits - Part A: Pay and Allowances - Waives the automatic adjustment to military pay for FY 1989 in conformity with the GS-level adjustment applicable to Federal employees, instead authorizing an increase of 4.3 percent in the rate of basic pay, basic allowance for quarters, and basic allowance for subsistence. Increases cadet and midshipman pay for FY 1989. Prescribes the weight allowances (for the transportation of household goods) authorized for members of the armed forces (and their dependents) according to a table which increases such allowance with each military grade increase. Part B: Other Personnel Benefits - Authorizes the payment of a continuation bonus to an aviation officer who executes a written agreement to remain on active duty in aviation service for at least one year. Limits the maximum annual bonus to be so paid, and limits to eight years the length of such an agreement. Outlines administrative provisions relating to such bonus payment, including bonus prorating, officer applicability, and refund procedures in case of default by the officer concerned. Prohibits new agreements under current Federal special pay provisions for aviation career officers. Limits the total amount of bonus pay obligations that may be made by the Secretary of the Air Force during FY 1989 as the result of such agreements. Terminates the authority of the Secretary of a military department or the Secretary of Transportation to enter into such an agreement as of September 30, 1989. Directs the Secretary of Defense, no later than December 1, 1988, to submit to the defense committees a comprehensive report on the retention of aviators in the armed forces. Authorizes the payment of variable special pay for medical officers within certain pay grades who have at least eight years of creditable service according to specified rates which vary depending on the length of such service (such special variable pay decreasing as the length of service increases). Authorizes the payment of additional special pay for an officer with at least eight years creditable service for any 12-month period that the officer is entitled to additional special pay due to having achieved the grade of 0-6 or above while serving in a medical officer capacity. Specifies the rates at which such higher-grade officers are to receive such additional special pay, such rate increasing as the length of service increases. Limits the total compensation to be paid to such officers to the total compensation paid to comparable physicians in private practice, as determined by the Secretary. Directs the Secretary, no later than November 15, 1988, to report to the defense committees describing the manner in which such additional pay authority is to be used. Directs the Secretary, no later than December 1, 1988, to report to the defense committees with: (1) the Secretary's recommendation for legislation necessary to attract and retain needed health-care professionals; and (2) the Secretary's assessment of the adequacy of the existing compensation system for such health-care professionals. Limits the total obligation for such additional payments in FY 1989. Terminates the authority to make such additional payments if such reports are not received in a timely manner. Authorizes the payment of special pay, at an annual rate not to exceed $10,000, for officers of the Selected Reserve who are qualified in a specialty designated by regulations as a critically short wartime specialty and who execute a written agreement to serve in the Selected Reserve for no less than one year nor more than three years beginning on the date the officer accepts such special pay. Requires an appropriate refund when such officer fails to complete such additional duty. Terminates the authority to enter into such agreements as of September 30, 1990. Provides that such pay authority shall be used only for the purpose of conducting a pilot test program to determine its effect on the retention of officers who are qualified in critically short wartime specialties. Limits the total amount to be obligated for such pay authority for FY 1989. Directs the Secretary, no later than September 1, 1988, to report to the defense committees a description of the manner in which such pilot test program is to be structured. Limits to the grade in which a member of the armed forces retired the computation of retired pay in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial. Authorizes the Secretary of the military department concerned to pay a specified monthly annuity to any unremarried surviving spouse of a member of the armed forces who: (1) died before November 1, 1953; and (2) was entitled to retired or retainer pay on his or her date of death. Requires such annuity to be reduced by other survivors' benefits to which such surviving spouse is entitled. Directs such annuity to be increased whenever military retired or retainer pay is increased. Entitles military personnel assigned on temporary duty overseas to travel and transportation allowances incident to personal emergencies. Adds to the definition of a military "dependent" for travel purposes of military personnel any child for whom care and support is provided by the member pursuant to an order of custody issued by a court of competent jurisdiction. Revises provisions relating to a civilian clothing allowance for members of the armed forces to allow such allowance only for officers who are required to wear such clothing as part of their regular duties. Permits (rather than requires) such clothing allowance to be paid. Changes from mandatory to discretionary the payment of a travel and transportation allowance incident to the voluntary extension of an overseas tour of duty. Part C: Health Care Provisions - Extends through 1991 the authority for the use by the armed forces of public health service hospitals, as authorized under the Department of Defense Authorization Act, 1984. Repeals a specified provision of the National Defense Authorization Act for Fiscal Years 1988 and 1989 which requires a specified percentage of the growth in the number of Navy officers for such fiscal years to be allotted to Navy officers employed in certain health professions. Title VII: Department of Defense Organization and Management - Increases from five to ten percent the number of waivers (from the requirement of either education in joint duty specialties or a tour of joint duty) authorized to be granted each year by the Secretary of Defense for assignments to the joint duty specialty. Requires, for critical joint duty assignments, that not less than 80 percent of the positions so designated by the Secretary shall be held at all times by officers who have the joint specialty. Reduces the required length of a joint duty assignment: (1) in the case of general and flag officers from three to two years; and (2) in the case of all other officers from three and one-half years to three years. Authorizes the Secretary to decrease such required tour in the case of an officer who has a military occupational specialty designated as critical. Prohibits the Secretary, in any case, from prescribing the length of a joint duty assignment to be less than two years. Adds to the list of assignments which will be considered full tours of joint duty the following: (1) a joint duty assignment outside of the United States for which the normal accompanied-by-dependents tour of duty is at least two years in length, if the officer serves in the assignment for at least the accompanied-by-dependents tour length; or (2) a joint duty assignment during which the officer is selected for promotion to the grade of brigadier general or real admiral (lower half), if the officer served at least two years in such assignment. Revises provisions concerning the determination of cumulative credit for purposes of the required length of joint duty. Authorizes the Secretary to accord constructive credit in the case of an officer who, for reasons of military necessity, is reassigned from a joint duty assignment within 60 days of meeting the tour length criteria, allowing an amount of constructive credit in the amount otherwise necessary to meet the required length, but in no case more than 60 days. Modifies the definition of "joint duty assignment" to allow the Secretary to include as such an assignment, after consultation with the Chairman of the Joint Chiefs of Staff, not more than 250 assignments which the Secretary designates as assignments that provide significant experience in joint matters. Provides as an exception to the normal requirement of joint duty tour of duty before promotion to general or flag officer the case of a Navy officer designated as a qualified nuclear propulsion officer, who may be promoted to rear admiral (lower half) without the required tour of joint duty. Provides a further exception to such requirement in the case of an officer who began a joint duty assignment before January 1, 1987, and served a period of sufficient duration (at least 12 months) in such position to have been considered a full tour of duty under regulations in effect at such time. Amends the Goldwater-Nichols Department of Defense Reorganization Act of 1986 to make joint-duty-waiver provisions under such Act consistent with the above changes. Directs the Secretary, after consultation with the Chairman of the Joint Chiefs of Staff, to submit to the defense committees a report on joint officer management policies. Requires such report to be submitted no later than February 1, 1990. Authorizes the President to defer until October 1, 1989, the retirement of the officer serving as Chairman of the Joint Chiefs of Staff for the term beginning October 1, 1987. Adds U.S. elements of binational or multinational military commands to the forces to which the Secretary of a military department is required to assign forces under his or her jurisdiction. Adds to the responsibility of the commander of the special operations command the submission to the Secretary of Defense of program recommendations and budget proposals for special operations forces. Prohibits funds made available to DOD for FY 1989 from being used for: (1) establishing or operating an Office of the Assistant Secretary of Defense for Intelligence; or (2) paying the salary of such an Assistant Secretary. Requires the advice and consent of the Senate for presidential appointments of General Counsels of the military departments. Requires various information relating to defense capabilities assessments to be included in an annual report from the Secretary to the Congress on the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries. Requires each such report to be transmitted to the Congress at the same time that the President submits the budget to the Congress. Title VIII: Acquisition Policy and Management - Directs the Secretary to develop each year, in conjunction with the five-year defense program submitted to the Congress in such year, a plan that ensures that the following policies of DOD are structured to meet the long-term needs of DOD for industrial resources and technology innovation: (1) policies relating to progress payments or other financing of contractors by DOD; (2) policies relating to the return on contractor investment under DOD contracts; and (3) policies relating to the division of contract risk between DOD and a contractor. Directs the Secretary to submit annually to the Congress a report which contains the above plan and an explanation of the manner in which the policies referred to above enhance the ability of DOD to obtain industrial resources and encourage technology innovation. Requires each such report to be submitted at the same time that the five-year defense program is submitted to the Congress. Directs the Secretary to prescribe guidelines that provide that a fixed-price contract should be awarded in the case of a development program only when: (1) the level of program risk permits realistic pricing; and (2) the use of a fixed-price contract permits an equitable allocation or program risk between the United States and the contractor. Requires the Under Secretary of Defense for Acquisition to determine that such criteria have been met before awarding a contractor a fixed-price contract in excess of $10,000,000. Limits the power of the Under Secretary to delegate such authority. Declares that a defense contractor, when certain proposals (relating to the future availability and competition for items of procurement) are required to be submitted by a contractor as part of such contractor's proposal, shall not be required to provide for future competition between identical items for an item developed exclusively at private expense by a contractor or subcontractor, unless the head of the defense agency determines that: (1) the original supplier of such item will be unable to satisfy program schedule or delivery requirements; or (2) the price of such item in economic order quantities to the Government will not be reasonable based on an analysis of cost and performance comparisons with competing substitutes. Outlines further administrative provisions relating to such proposals. Expresses congressional findings for the essential need of a strong defense industrial base for the enhancement of U.S. national security. Directs the Under Secretary of Defense for Acquisition to: (1) provide overall policy guidance and direction to the military departments and the defense agencies on matters relating to the maintenance, expansion, and readiness of the defense industrial base of the United States; (2) analyze the capabilities of the defense industrial base to fulfill requirements of the national defense strategy in time of peace or in time of war or national emergency; (3) develop and direct the implementation of plans and programs that promote the ability of the defense industrial base to meet certain production and readiness requirements; and (4) identify and plan for the procurement of items of supply that are suitable substitutes for military standard items of supply which are anticipated to be unavailable from existing sources in time of war or national emergency and which are commercially available from domestic sources. Directs the Under Secretary to require that each defense acquisition program designated by the Under Secretary include a requirement for an analysis of the capability of the defense industrial base to develop, produce, maintain, and support the system to be acquired under such program. Outlines factors to be considered as part of such analysis. Provides that the Under Secretary shall be responsible for compiling and analyzing the data obtained from such analysis to ensure that: (1) the capabilities of the defense industrial base to meet program requirements has been assessed by the military department or defense agency carrying out such program; and (2) the capabilities of the defense industrial base to meet the aggregate requirements for all such programs have been assessed by the Office of the Secretary of Defense. Directs the Under Secretary to establish and implement acquisition policies which provide for: (1) expanded use of commercial manufacturing processes rather than military standard requirements; (2) elimination of barriers to, and facilitation of, the integrated manufacture of commercial items and items being produced under defense contracts; and (3) encouragement of the military departments and defense agencies to identify commercial items that are suitable substitutes for military standard items incorporated into weapon systems or other items of equipment. Authorizes the Under Secretary to establish a defense production innovation center to be the principal office in DOD for the development of policies and plans regarding the conduct of programs for the improvement of the defense industrial base of the United States. Outlines action to be taken by the head of such center, the Defense Production Base Director, in regard to the improvement and enhancement of the defense industrial base of the United States. Provides that the Under Secretary, during FY 1989, shall require each military department to initiate at least one analysis of the capability of the defense industrial base to develop, produce, maintain, and support systems to be acquired under acquisition programs carried out by such department. Requires all such analyses to be completed no later than September 30, 1990. Directs the Under Secretary, no later than February 1, 1991, to report to the defense committees on such analyses. Directs the Secretary to consult with the Secretary of Commerce in the negotiation and renegotiation of memoranda of understanding between DOD and one or more foreign countries relating to defense trade, cooperation on defense research, or production of defense equipment. Directs the Secretary, no later than 30 days after any such memorandum is entered into, to report to the defense committees a description of the anticipated effects of the implementation of such memorandum on the defense industrial base of the United States. Authorizes the President to waive such requirement in the event of war or national emergency. Makes certain congressional findings with regard to DOD offset policy (the making of contracts with foreign firms where some or part of the work under such contract or investment under such contract must be performed by or invested in such foreign firm or foreign country). Directs the Secretary, acting with and through other designated officials, to establish a comprehensive policy with respect to contractual offset arrangements. Prohibits any U.S. official from entering into a memorandum of understanding or other agreement with a foreign government that would require the transfer of U.S. defense technology to a foreign country or foreign firm in connection with a contract that is subject to an offset arrangement, if the implementation of such memorandum or arrangement would significantly and adversely affect the defense industrial base of the United States and would result in a substantial financial loss to a U.S. firm. Waives such prohibition if such waiver will result in strengthening the national security of the United States and is so certified to the Congress by the Under Secretary. Requires any U.S. firm entering into a contract with a foreign firm subject to an offset arrangement exceeding $50,000,000 in value to notify the Secretary of the proposed sale. Directs the Secretary to enter into negotiations with foreign countries that have a policy of requiring an offset arrangement in connection with the purchase of defense equipment or supplies from the United States, pursuing an agreement to: (1) limit the effect of such arrangements on the defense industrial base of each such country; and (2) prohibit such offset arrangements after a specified date. Directs the Secretary to attempt to achieve, within two years after the enactment of this Act, an agreement limiting the adverse effects of such arrangements, and, within four years after the enactment of this Act, a final agreement prohibiting such arrangements. Directs the Secretary to report to the Congress at least once each year for four years on the progress of such negotiations. Directs the Secretary, no later than November 15, 1988, to report to the defense committees on contractual offset arrangements required of U.S. firms for the supply of weapon systems to foreign countries or foreign firms. Directs the Secretary, no later than March 15, 1989, to report to the defense committees a discussion of appropriate actions to be taken by the United States with respect to purchases from U.S. firms by a foreign country when that country or firm requires an offset arrangement in favor of such country. Requires that certain Federal regulations concerning the allowability of contractor costs shall provide that foreign selling costs shall be allowed to the extent that such costs are: (1) allocable, reasonable, and not otherwise unallowable; and (2) within dollar ceilings established in advance agreements negotiated between the Secretary and the contractor or subcontractor during the fiscal year covered by such arrangement. Provides that certain limitations on the procurement of defense items outside the United States shall not apply if: (1) the cost is at least ten percent less than the cost of procuring such item within the United States; and (2) the Secretary determines that the government of the country in which such item is produced does not impose limitations on the procurement for the armed forces of that country of items or articles grown, reprocessed, reused, or produced in the United States that are more restrictive than similar limitations imposed by the United States on the procurement of items from such country for the U.S. armed forces. Adds to the purposes of the procurement technical assistance cooperative agreement program the encouragement of eligible entities to furnish to business entities procurement technical assistance that facilitates the exporting of defense-related products and services by such business entities. Revises provisions to limit the value of the assistance furnished by the Secretary to any eligible entity to carry out a program of procurement technical assistance under a cooperative agreement, allowing one amount for a program operating on a State-wide basis and a lesser amount in the case of a program operating on less than a State-wide basis. Extends through FY 1989 the authority for procurement of technical assistance for Indian tribal organizations. Directs the Under Secretary, no later than December 1, 1988, to report to the Congress on the current programs regarding simplification of procedures governing the acquisition process of DOD and an assessment of the results of those programs. Requires policies prescribed by the Under Secretary to provide for coordination of the annual plans developed by different elements of DOD for the conduct of oversight and audit functions within each contracting activity. Directs the Secretary to establish an advisory panel to study and make recommendations to the Secretary on ways to enhance cooperation between DOD and industry regarding matters of mutual interest, including: (1) procedures governing the debarment and suspension of contractors from doing business with DOD; (2) the role of self-governing oversight programs established by defense contractors; (3) expanded use of alternative dispute resolution procedures; and (4) the desirability of establishing a permanent advisory panel on government-industry relations. Directs the Secretary to submit a copy of the panel's report, together with the Secretary's comments and recommendations, to the Congress. Expresses the sense of the Congress that the evaluation by DOD of professional and technical services contract proposals should be made on the basis of a 40-hour work week standard. Directs the Secretary, no later than April 1, 1989, to report to the defense committees on the extent to which institutions of higher education offer and conduct educational programs and courses on Government contracting and acquisition management. Directs the Secretary to complete a certain study, initiated by DOD in 1985, concerning the supply of minority and women scientists, engineers, and technologists needed by defense industries and DOD to fulfill the national defense mission. Directs the Secretary to prescribe by regulation the authority and responsibilities of DOD acquisition program managers and contracting officers. Establishes within DOD an office for the supervision and coordination of product evaluation activities within DOD. Authorizes the Secretary of each military department and the head of each defense agency to establish and conduct a product evaluation activity. Requires the producer of the product evaluated to pay one-half of the cost of conducting such evaluation. Directs the Under Secretary, no later than March 15 annually, to report to the defense committees a plan for developing the 20 technologies considered by the Secretary and the Secretary of Energy to be the technologies most essential to develop in order to ensure the long-term qualitative superiority of U.S. weapon systems. Requires both product and process technologies to be considered in selecting the technologies to be included in such plan. Directs the Inspector General of DOD to: (1) conduct periodic audits of contractual actions by the defense agencies, DOD field activities, and the military departments; and (2) after each audit, report to the Congress on the management of undefined contractual obligations by the head of an agency. Deletes the requirement of the use of a competitive prototype program strategy in the development of a subsystem of a major weapons system (requiring such strategy only in the development of the major weapons system itself). Amends the Small Business Act to provide that a subcontracting plan negotiated by a Federal agency and a contractor for specified purposes shall apply to the contractor or, if the plan so provides, only to the organizational components of the contractor that perform the contract. Revises provisions concerning the necessity of a Small Business Administration certificate of competency in the case of a small purchase defense contract (a contract for an amount which does not exceed $25,000). Provides that the Secretary of a military department procuring a spare or repair part that is critical to the operation of an aircraft shall require the contractor to supply a part that meets applicable qualification and quality requirements. Defines such qualifications. Title IX: General Provisions - Part A: Financial and Budget Matters - Authorizes the Secretary, as deemed necessary in the national interest, to transfer amounts of authorizations made available to DOD in titles I through III for any fiscal year between any such authorizations for that fiscal year. Limits the total amount that may be so transferred. Directs the Secretary to promptly notify the Congress of any such transfers made. Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to increase the amount authorized to be transferred between authorizations for that fiscal year in that Act or any prior defense authorization Act. Requires the Secretary, in determining the purpose for which such transferred amounts will be used, to: (1) ensure that an appropriate portion is used for the payment of FY 1988 depot maintenance activities and civilian personnel salaries; (2) give special consideration and priority to civilian personnel of DOD, readiness, and more efficient acquisition processes; and (3) provide funds for other high priority readiness items. Provides authority for the obligation and expenditure of appropriations exceeding authorizations for FY 1988 for programs, projects, and activities of DOD, with specified exceptions. Prohibits Army procurement funds from being used for the procurement of any air defense system submitted to the Army for evaluation in response to an Army request for a specified system unless the Secretary certifies to the Congress that the system has met or exceeded full system requirements. Prohibits funds appropriated to the Navy for FY 1988 or 1989 from being obligated or expended for procurement of certain A-6 aircraft. Earmarks specified funds for procurement or modifications of M1 tanks. Applies limitations and requirements applicable under the Department of Defense Authorization Act, 1988 to appropriations exceeding authorizations obligated under this Act. Outlines the transfer authority for such funds. Repeals specified provisions of the Department of Defense Appropriations Act, 1988 which: (1) authorized the Navy to enter into agreements to construct and charter up to six tankers to replace a certain class of tankers currently in use; and (2) prohibited the use of funds to enter into any contract for the overhaul, repair, or maintenance of any naval vessel on the west coast of the United States which includes interport differential charges as an evaluation factor for awarding a contract. Prohibits an unauthorized defense appropriation from being obligated unless, and only to the extent that, the obligation of such appropriation is specifically authorized by law after the enactment of such appropriation. Directs the Secretary to determine, upon the enactment of a law making a defense appropriation, with respect to each defense appropriation provided in that law: (1) whether any part of such appropriation provides funds for an unauthorized program; and (2) if so, the total amount of funds provided for all such unauthorized programs. Directs the Secretary, no later than 30 days after the enactment of such an appropriation or authorization law, to submit to the Congress a report identifying: (1) any unauthorized program; and (2) the amount of appropriations provided for such program. Directs the Comptroller General to promptly review each such report, and, if deemed necessary, report to the Congress that the law provides appropriations for an authorized program or that a program is not unauthorized. Provides a contingent general continuing authorization for DOD operations if there has not been a law specifically authorizing such appropriations as of the first day of a fiscal year. Provides the rate at which such operating funds may be obligated in the case of a general continuing authority. Terminates such general operating authority upon the enactment of a law specifically authorizing appropriations for that fiscal year for such purpose. States that such provisions do not apply to permanent appropriations, trust funds, and other similar accounts administered by DOD as authorized by law. States that the provisions of the Impoundment Control Act of 1974 do not apply to an unauthorized defense appropriation. Provides that funds may not be appropriated for any fiscal year for military functions of DOD for any of the following purposes unless such funds are specifically authorized by a law other than an appropriation law: (1) procurement; (2) research, development, test, or evaluation; (3) operation and maintenance; (4) working capital funds; and (5) military construction. Part B: Miscellaneous Matters - Expresses certain congressional findings regarding confidence-building measures designed to increase openness and predictability of military activities in Europe. Expresses the sense of the Congress that the President should give high priority to developing stabilizing and verifiable proposals for expanding the regime of confidence-building measures (with regard to the verification of military activities in Europe) in light of a specified international conference and talks on such subject. Amends the Department of Defense Authorization Act, 1986 to add specific information (relating to Soviet compliance with, or violations of, applicable arms control agreements) in a report due annually from the President to the Congress under such Act. Directs the President, no later than December 1 annually, to submit to the Congress a report containing a comprehensive discussion and analysis of the arms control strategy of the United States. Outlines specified information to be included in such report, including the current military balance between the United States and the Soviet Union, as well as the military balance between the NATO countries and the Warsaw Pact countries. Requires the President, in making such report, to explain the methodology used in determining the military balances. Increases the amount of liability that the United States may accrue in a fiscal year for the acquisition of supplies from NATO-member countries. Authorizes the Secretary to waive certain sales charges (required as arms sales charges under the Arms Export Control Act) made by DOD to the Maintenance and Supply Agency of NATO in support of certain weapon system partnership agreements. Repeals a specified provision of the Department of Defense Appropriations Act, 1988 which directs the Secretary to take such action as is necessary to convert current steam-generating plants at U.S. defense facilities to coal-burning facilities. Increases to $100,000 the maximum amount of an advance payment (before final settlement of a claim) that may be made for any person who was injured or killed, or whose property was damaged or lost, under circumstances for which allowance of a claim is authorized by law. Authorizes the Secretary of a military department to delegate the authority to make such payment in an amount not to exceed $25,000. Revises annuity computation provisions for judges of the U.S. Court of Military Appeals who complete their terms of service. Prohibits an annuity reduction for judges who complete their appointed terms. Provides an annuity computation for a former judge of the U.S. Court of Military Appeals who is retiring under immediate retirement provisions, such computation taking into account all service as a Member of the Congress, a congressional employee, and a judge. Authorizes the Secretary of the military department concerned to accept from any person voluntary attorney, paralegal, clerical, or related services for members of the armed forces. Repeals a specified provision of the Department of Defense Appropriations Act, 1988 which prohibits the use of funds for the purchase of alcoholic beverages for resale on U.S. military installations unless such alcoholic beverages were procured in the same State in which the military installation is located. Provides that resulting increases in revenue shall be used for improvements in morale, welfare, and recreational programs for members of the armed forces. Authorizes the Secretary of the Navy to lease aircraft for Fleet Electronic Warfare Support Group activities if the cost of such leasing is less than the cost of operating and maintaining the same number of existing Navy aircraft. Makes certain congressional findings relating to the special operations airlift. Expresses the sense of the Congress that: (1) a plan (relating to the operation of such airlift previously submitted to the Congress by the Secretary of Defense) is a sound proposal to redress the serious deficiency in airlift capacity for special operations forces; (2) the Secretary should formulate a five-year defense program for FY 1990 through 1994 that includes sufficient funds for the procurement or modification of airlift aircraft; and (3) the President should submit budgets to the Congress for FY 1990 through 1992 that include sufficient funds for the procurement or modification of such aircraft used for such airlift. Directs the Secretary to: (1) close all military installations recommended for closure by the Commission on Base Realignment and Closure; (2) realign all military installations recommended for realignment by the Commission; and (3) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines conditions required to be met before taking such action (prior congressional notification and recommendations for closure by the Commission). Terminates the authority of the Secretary to carry out any closures or realignments on October 1, 1995. Provides for reports and statements required of the Commission to the Secretary and the Congress in carrying out their recommendation responsibilities. Directs the Secretary to take all necessary action to implement such recommended closures or realignments, including the provision of: (1) economic adjustment assistance to any community located near a military installation being closed or realigned; and (2) community planning assistance to any community located near a military installation to which functions are to be transferred as a result of such closure or realignment. Authorizes the Secretary to carry out activities for the purpose of environmental restoration of such affected areas. Directs the Secretary, before any sale or exchange of real property or a facility is made due to such base closure or realignment, to inform other instrumentalities of the Federal Government of the availability of such property and to transfer such property for fair market value to any such instrumentality offering to purchase such property. Outlines further action to be taken by the Secretary if there are no instrumentalities of the Government desiring to purchase such property at fair market value, including selling such property to another Government entity at less than fair market value. Directs the Secretary to provide, as part of such a conveyance under the above provisions, that title shall revert to the United States if such property or facility is used for any purpose other than the one for which it was conveyed. Directs the Secretary to transmit to the Congress, as part of each annual request for authorization of appropriations: (1) a schedule of the closure or realignment actions proposed and an estimate of the total resulting cost savings; and (2) a description of the military installations to which functions are to be transferred as the result of such closures or realignments, together with the Secretary's assessment of the environmental consequences of such transfers. Directs the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission, and to report to the appropriate congressional committees, no later than September 15, 1988, on the findings and conclusions of such study. Directs the Secretary to notify the appropriate congressional committees when: (1) a decision is made to carry out a construction project for a military installation; and (2) the cost of the project will be greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account. Authorizes appropriations and provides for the deposit of funds for such Account. Directs the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under the above provisions, to report to the appropriate congressional committees on the amount and nature of deposits into, and the expenditures from, the Account during such fiscal year. Directs the Secretary, no later than 60 days after the termination of his or her authority to carry out an alignment or closure, to report to the appropriate congressional committees an accounting of all funds deposited into, expended from, and remaining in, such Account.

A concurrent resolution to express the sense of the Congress regarding the heroic efforts of the officers and enlisted members of the U.S.S. Bonefish.

United States · United States Congress · 12 May 1988

Expresses the sense of the Congress that certain officers and the crew of the U.S.S. Bonefish should be recognized and commended for their efforts to save their fellow shipmates when an explosion and fire threatened their submarine.

A bill making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1989, and for other purposes.

United States · United States Congress · 12 May 1988

Appropriates funds for FY 1989 for military construction operations administered by the Department of Defense (DOD) in specified amounts for the following purposes: (1) military construction, Army; (2) military construction, Navy; (3) military construction, Air Force; (4) military construction, defense agencies (including a specified transfer of funds and a rescission of a specified amount of budget authority for such account as contained in the Continuing Appropriations Act for FY 1988); (5) North Atlantic Treaty Organization (NATO) Infrastructure; (6) military construction, Army National Guard; (7) military construction, Air National Guard; (8) military construction, Army Reserve; (9) military construction, Naval Reserve; (10) military construction, Air Force Reserve; (11) family housing, Army; (12) family housing, Navy and Marine Corps; (13) family housing, Air Force; (14) family housing, defense agencies; and (15) homeowners assistance fund, defense. Prohibits funds appropriated in this Act from being used for payments under certain cost-plus-a-fixed-fee contracts without specific approval by the Secretary of Defense. Authorizes funds appropriated in this Act to be used for: (1) the hire of passenger motor vehicles; and (2) advances to the Federal Highway Administration, Department of Transportation, for the construction of defense access roads. Prohibits funds appropriated in this Act from being used for: (1) construction of new bases inside the continental United States for which specific appropriations have not been made; (2) the purchase of certain lands or easements for amounts in excess of 100 percent of their value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except under specified conditions; (3) acquisition, site preparation, or the installation of any utilities for family housing, except for housing for which funds have been made available under annual military construction appropriation Acts; (4) transferring or relocating any activity from one base or installation to another without prior notification to the Committees on Appropriations; (5) the procurement of steel for any construction project or activity for which American steel producers have been denied the opportunity to compete; (6) the performance of dredging work in the Indian Ocean by foreign contractors, with a specified exception; (7) the payment of real property taxes in any foreign nation; and (8) payments to a Government office or a contractor for work in the United States by an alien who has not been lawfully admitted into the United States. Limits the expenditures of appropriations under this Act for consulting services through procurement contracts to contracts where such expenditures are a matter of public record, with certain exceptions. Prohibits funds appropriated in this Act from being used for: (1) the initiation of a new installation overseas without prior notification to the Committees on Appropriations; (2) certain architect and engineer contracts for projects in Japan or in any NATO-member country, unless awarded to U.S. firms solely or in joint ventures; or (3) the award of any contract for military construction in the U.S. territories and possessions in the Pacific and on Kwajalein Island in excess of $1,000,000 to a foreign contractor, with specified exceptions. Directs the Secretary to notify the Senate and House Armed Services and Appropriations Committees of the plans and scope of any military exercise involving U.S. personnel 30 days prior to its occurrence if amounts expended for construction are expected to exceed $100,000. Transfers certain funds of the Military Family Housing Management Account to the appropriations for family housing provided in this Act. Prohibits more than 20 percent of the funds appropriated in this Act which are limited for obligation during the current fiscal year from being obligated during the last two months of the fiscal year. Makes certain prior year funds available for military construction authorized during the second session of the 100th Congress. Directs the Secretary, by February 15, 1989, to provide the Appropriations Committees with a report detailing the specific actions proposed to be taken by DOD during FY 1989 to encourage other members of NATO and Japan to assume a greater share of the common defense burden of such nations and the United States. Permits certain expired or lapsed funds to be used to pay certain overhead and other costs associated with military construction or family housing projects. Requires the Secretary of the Air Force to maintain legislative liaison to the Senate and House Appropriations Subcommittees on Military Construction and budgetary management of the Military Construction and Military Family Housing appropriations in a manner identical to the method employed as of September 30, 1986. Prohibits the expenditure of funds appropriated by this Act, except NATO infrastructure funds, for planning, design, or construction of military facilities or family housing to support the relocation of the 401st Tactical Fighter Wing from Spain to another country. Limits to four fiscal years after the original funding the time in which funds may be expended by a military department or defense agency for the construction of military projects, with certain conditions. Directs the Secretary to include in the FY 1990 defense program a legislative proposal authorizing the installment purchase of family housing units. Requires the budget request for such fiscal year to include sums necessary to implement a pilot program for not to exceed 3,000 units.

A concurrent resolution recognizing the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan during December 8 through 23, 1941.

United States · United States Congress · 12 May 1988

Declares that the Congress recognizes the heroic acts of civilian construction workers who participated in the defense of Wake Island during its invasion by Japan between December 8 and December 23, 1941.

Intelligence Authorization Act, Fiscal Year 1989

United States · United States Congress · 11 May 1988

Intelligence Authorization Act, Fiscal Year 1989 - Title I: Intelligence Activities - Authorizes appropriations for FY 1989 for intelligence activities in specified departments and agencies of the Government, including the Central Intelligence Agency (CIA) and the Department of Defense (DOD). Authorizes appropriations for FY 1989 for the Federal Bureau of Investigation (FBI) to be expended for carrying out its functions relative to the implementation of the Intermediate Range Nuclear Forces Treaty. Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified Schedule of Authorizations prepared by the Select Committee on Intelligence. Authorizes the Director of Central Intelligence to employ civilian personnel in excess of the ceiling for such personnel when necessary to the performance of important intelligence functions. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1989. Establishes an end strength ceiling of 244 full-time Intelligence Community Staff employees. Provides that such staff shall be administered in the same manner as the CIA. Title III: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1989. Title IV: General Provisions - Provides that the authorization of appropriations by this Act shall not constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. Permits appropriations authorized by this Act for employee benefits to be increased to meet increases in such benefits authorized by law. Title V: Central Intelligence Agency Administrative Provisions - Allows the Director of Central Intelligence to grant appropriate relief to former CIA employees who unfairly had their CIA careers adversely affected as a result of allegations concerning their loyalty to the United States. Requires the Director to submit reports to specified congressional committees regarding the use of such authority. Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to permit certain employees who are subject to the Central Intelligence Agency Retirement System to elect to become subject to the Federal Employees Retirement System (FERS). Permits retired members of the uniformed services employed by the Director of Central Intelligence to receive compensation for serving on Central Intelligence Advisory Committees. Sets forth reporting requirements with respect to the activities of the Inspector General at the CIA. Title VI: FBI Enhanced Counterintelligence Authorities - Requires the Directors of the FBI and the Office of Personnel Management to conduct a demonstration project to ascertain the effects on the recruitment and retention of personnel, and on field operations in the New York Field Division of the FBI, of providing: (1) lump sum payments to personnel assigned to such Division; and (2) periodic payments to Division employees who are subject to directed geographic transfer or assignment. Requires the Directors to submit annual reports to the President and the Congress concerning the results of such project. Title VII: Department of Defense - Allows the Secretary of Defense, with certain restrictions, to use appropriated funds, and funds other than appropriated funds, for foreign cryptologic support.

A bill to change the status of the Veterans' Administration outpatient clinic in Toledo, Ohio, to that of an independent clinic.

United States · United States Congress · 10 May 1988

Directs the Administrator of Veterans Affairs to change the status of the Veterans Administration outpatient clinic in Toledo, Ohio, to that of an independent clinic. Provides for funding of the clinic after its change of status.

A bill to amend title 10, United States Code, to provide for assistance to foreign countries for enforcement of drug laws.

United States · United States Congress · 10 May 1988

Requires the Secretary of Defense, upon the request of a foreign government and the recommendation of the Drug Enforcement Administration (DEA), to provide equipment to, or assign members of the armed forces to assist, the foreign government in the enforcement of drug laws. Specifies that any such equipment or assistance shall be provided in accordance with a plan prepared jointly by the foreign government, DEA, and the Department of Defense, and approved by both the President and the head of the foreign government. Provides that the foreign government shall pay the costs of such equipment or assistance unless the President finds that the foreign government cannot afford such costs.

Charles S. Whitehouse, of Virginia, to be an Assistant Secretary of Defense, vice Chapman B. Cox, resigned.

United States · United States Senate · 9 May 1988

A concurrent resolution expressing the sense of Congress that the home port of the battleship USS MISSOURI should be Naval Station, Long Beach.

United States · United States Congress · 5 May 1988

Expresses the sense of the Congress that Naval Station, Long Beach, in Long Beach, California, should be the home port of the battleship U.S.S. Missouri.

National Defense Authorization Act for Fiscal Year 1989

United States · United States Congress · 4 May 1988

National Defense Authorization Act for Fiscal Year 1989 - Division A: Department of Defense Authorizations - Title I: Procurement - Part A: Funding Authorizations - Authorizes appropriations for FY 1989 to the Army, the Navy and Marine Corps, and the Air Force for procurement of the following: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes appropriations for FY 1989 for the following: (1) procurement by the defense agencies; (2) the chemical demilitarization program; and (3) procurement by the Reserves and National Guard. Authorizes the Secretaries of the Army, the Navy, and the Air Force, under specified limitations and conditions, to enter into multiyear contracts for the procurement of certain weapons and defense systems. Part B: Program Requirements, Restrictions, and Limitations - Places certain requirements, restrictions, or limitations on the following Navy procurement programs: (1) the Trident II Missile program; (2) the DDG-51 Destroyer program; (3) the 5-Inch Semi-Active Laser Guided Projectile program; (4) AH-1W Ground Support Equipment; and (5) AN/SQR-17A Acoustic Processors. Prohibits FY 1989 Air Force funds from being obligated or expended in connection with the launch facility at Vandenberg Air Force Base, California. Part C: Miscellaneous Provisions - Directs the Secretary of Defense, no later than December 1, 1988, to submit to the Congress a detailed report on the current and projected requirements of the Navy for aircraft. Extends through April 30, 1997, the deadline for completion of the chemical demilitarization program (the destruction of lethal chemical weapons) under the Department of Defense Authorization Act, 1986. Directs the Secretary to notify the Senate and House Armed Services Committees (the defense committees) of any delays in meeting such deadline. Title II: Research, Development, Test, and Evaluation - Part A: Funding Authorizations - Authorizes appropriations for FY 1989 to the armed forces and the defense agencies for research, development, test, and evaluation. Part B: Program Requirements, Restrictions, and Limitations - Repeals a specified provision of the National Defense Authorization Act for Fiscal Years 1988 and 1989 which limited the funds authorized to be obligated for the AAWS-Medium (anti-tank weapon system) until the Secretary of the Army completed evaluation of the MILAN II anti-armor weapon system. Prohibits funds from being used for procurement or for research, development, test, or evaluation of the MILAN II or the Bofors BILL medium anti-tank system. Earmarks specified funds for the Navy Trident II missile. Disallows any general defense program reductions to be taken from such program. Earmarks specified funds for the making of a grant to the National Center for Manufacturing Sciences in connection with a program of research relating to manufacturing technology. Directs the Secretary to conduct a study to determine the feasibility of developing a common launch control system for the MX rail garrison program and the Small Intercontinental Ballistic Missile (ICBM) program. Directs the Secretary to proceed with such a system if it is found to be feasible and cost-effective. Directs the Secretary, through the Under Secretary of Defense for Acquisition, to conduct a review of the small ICBM program, requiring certain estimates as part of such review. Directs the Secretary to conduct a study of the potential vulnerability of a small ICBM system to special operations forces of a potential enemy or to domestic saboteurs. Directs the Secretary to submit the results of such studies, together with comments and recommendations, to the defense committees and the Senate and House Appropriations Committees no later than March 1, 1989. Earmarks funds for such studies and the Small ICBM and MX rail garrison programs. Earmarks specified funds for the following defense agency programs: (1) an Optoelectronics Materials Center; (2) the Consolidated Department of Defense (DOD) Software Initiatives program; and (3) extended air defenses (tactical missile systems). States the focus of the Balanced Technology Initiative program (BTI) to be the development of innovative concepts and methods of enhancing conventional defense capabilities, including the development of concepts and methods which will accelerate the rate of obsolescence of equipment, doctrine, and tactics of the Soviet Union and Warsaw Pact countries. States particular initiatives, programs, and weapons to be given emphasis under BTI. Earmarks specified funds for this program as well as for BTI programs authorized under prior defense authorization Acts. Requires the Director of Defense Research and Engineering to determine the amount of funds appropriated to the armed forces and the defense agencies for BTI. States that the Conventional Defense Initiative is not an element of BTI. Prohibits required defense budget reductions from being taken from BTI funds. Prohibits such earmarked funds from being used in connection with the Strategic Defense Initiative (SDI) program. Requires the Director, within 90 days after the enactment of this Act, to report to the defense and appropriations committees of the Congress on the implementation of these BTI provisions. Prohibits any funds from being obligated for BTI programs until such report has been received, and 30 days have elapsed since the receipt of such report. Limits the obligation of funds for advanced tactical aircraft within the Navy and Air Force until the Secretary has made certain certifications to the Congress concerning sufficient budgeting for demonstration and validation programs in connection with such aircraft. Limits the obligation of funding for combat identification systems until the Secretary has made certain certifications to the Congress relating to sufficient funding for specified parts and programs within such combat identification system. Limits funding for specified air-to-air missile programs unless the Secretaries of the Navy and Air Force establish joint program offices for the co-development of such programs. Limits the authorization of appropriations for specified defense programs. Directs the Secretary to reduce such authorized amount to achieve a total reduction of $10,000,000. Part C: Strategic Defense Initiative - States the total amount to be obligated for the SDI program, stating specific amounts for each subsystem within SDI. States that funds appropriated to DOD may not be used to establish a Strategic Defense System Operational Test and Evaluation activity. Directs the Secretary, no later than 90 days after 1989 funding for SDI is enacted by legislation, to submit to the defense and appropriations committees of the Congress a report on the allocation of SDI funding for FY 1989. Prohibits funds appropriated or otherwise made available to DOD for FY 1989 from being obligated or expended: (1) for any development or testing of anti-ballistic missile systems, with a specified exception; or (2) for the acquisition of any material or equipment required to be used for the development or testing of anti-ballistic missile systems or components, with a specified exception. States that such limitation does not apply to certain SDI funds for FY 1989. Part D: Miscellaneous Provisions - Directs the Secretary, no later than December 31, 1988, to submit to the defense committees a report on the plans and projected expenditures for the Long-Range Conventional Cruise Missile program. States certain findings of the Senate with regard to strategic missile modernization. Expresses the sense of the Senate that the authorization of funds in this Act for research and development in connection with the Small ICBM and the MX Rail Garrison does not constitute a commitment or express an intent by the Senate to provide funds to procure and deploy the Midgetman missile or to deploy any MX missiles in a rail-mobile basing mode or both. Authorizes the Secretary of a military department, unless the quantity of a material in the National Defense Stockpile (NDS) is lower than the required amount, to loan to a foreign government supplies, materials, or equipment for the purpose of carrying out a program of cooperative research, development, testing, or evaluation. Authorizes the Secretary to accept as a loan or a gift such materials, supplies, or equipment for such purpose. Permits the materials, supplies, or equipment loaned to a foreign government under this provision to be consumed if the Secretary concerned: (1) determines that the success of the research or development depends on the consumption of such item; and (2) approves of the expenditure or consumption of such materials, supplies, or equipment. Amends the National Defense Authorization Act for Fiscal Year 1987 to require an annual report concerning the designation of major non-NATO allies only when a country or countries have been added to or deleted from such list. (Currently, such report is required annually even if there have been no changes in such list.) Authorizes funds made available for the University Research Initiative Program to be obligated in any State without regard to any limitation on the amount that may be expended under such program in any one State. Directs the Secretary, no later than the date on which the President submits the FY 1990 budget to the Congress, to submit to the defense committees a comprehensive report on space control capabilities of the armed forces of the United States. Title III: Operation and Maintenance - Part A: Authorization of Appropriations - Authorizes appropriations for FY 1989 for the operation and maintenance for the following: (1) the armed forces; (2) the defense agencies; (3) the Reserves; (4) the National Guard; (5) the National Board for the Promotion of Rifle Practice; (6) environmental restoration, defense; (7) the Court of Military Appeals; and (8) humanitarian assistance. Authorizes appropriations for FY 1989 for unbudgeted increases: (1) in fuel costs; and (2) as the result of inflation. Authorizes appropriations for FY 1989 for working capital funds for the armed forces and the defense agencies. Directs that the amount authorized for humanitarian assistance be used for the purpose of providing humanitarian relief to persons displaced as refugees because of the Soviet Union's invasion of Afghanistan. Specifies a certain amount of such assistance to be used for humanitarian relief supplies to the non-Communist resistance organization near the Thailand-Cambodian border. Authorizes the Secretary to transfer to the Secretary of State funds for such purpose. Provides that the transportation of such supplies shall be under the direction of the Secretary of State, requiring such transportation to be achieved by the most economical means possible. Part B: Limitations - Prohibits the Secretary of the Navy, during FY 1989, from taking any steps to convert the operation of specified activities from the operation of an activity financed by the Navy Industrial Fund to operation as an activity financed by direct appropriations. Part C: Permanent Law Changes - Prohibits a private contractor operating a commissary store on a military installation from procuring the products to be sold in such store or from managing such store. Requires DOD personnel to perform such functions. Part D: Defense Supplies Security and Control - Directs the Secretary to carry out a study to determine the effectiveness of DOD procedures for ensuring security and control of supplies at DOD depots. Directs the Secretary, no later than 18 months after the enactment of this Act, to report to the defense committees on the results of the study, and to transmit a copy of such report to the Comptroller General. Directs the Comptroller General, within 90 days, to review the report and report to the defense committees any findings and recommendations on procedures for ensuring the security and control of such supplies. Directs the Secretary to: (1) conduct a cost-benefit analysis of the practice of selling surplus DOD munitions to the public; and (2) report to the defense committees, within 180 days after the enactment of this Act, describing and discussing each such practice. Directs the Secretary to: (1) develop improved methods of the identification and accounting for individual items of DOD supplies that are susceptible to pilferage; and (2) submit to the defense committees, no later than one year after the enactment of this Act, a report containing a description and discussion of each such method. Directs the Secretary to: (1) prepare a plan for the modernization of supply facilities and supply distribution procedures of each of the military departments and defense agencies; and (2) transmit a copy of such plan to the defense committees within one year after the enactment of this Act. Directs the Secretary, no later than February 1 annually, to submit to the defense committees a report on security and control of DOD supplies for each of the three fiscal years following the fiscal year in which this provision is enacted. Outlines information to be included in such report, including a summary of inventory program plans, a discussion of deficiencies in security and control of DOD supplies in the preceding fiscal year, and available budget authority in order to implement improvements in the security and control of such DOD supplies. Directs the Secretary to require an investigation of each discrepancy in an accounting for supplies of DOD involving an amount exceeding an amount as determined by the Secretary. Directs the Secretary to require that the job functions of supply ordering and supply receiving be performed by different individuals and offices. Directs the Secretary to ensure that: (1) DOD and armed forces personnel assigned to manage DOD supplies are skilled in the management of such supplies; and (2) no DOD employee or armed force member is assigned to perform such function for disciplinary reasons. Directs the Secretary to omit information from certain fiscal years in such report because of inadequate records. Expresses the findings of the Congress that: (1) the use of undercover investigative techniques by DOD employees enhances the ability of DOD to detect and investigate theft of Government property from the DOD supply system; and (2) the Secretary is urged to continue such undercover investigations. Directs the Secretary to establish and maintain a centralized computer system for recording and organizing information on the loss of DOD supplies. Directs the Secretary to report the theft or other loss of any ammunition, destructive device, or explosive material from the stocks of DOD to the Secretary of the Treasury within 24 hours after its discovery. Title IV: Military Personnel Authorizations - Part A: Active Forces - Authorizes the end strengths for active-duty personnel of the armed forces as of September 30, 1989. Provides for reductions in FY 1990 in the end strength of active-duty officers in the officer corps and in the number of Air Force colonels. Part B: Reserve Forces - Authorizes the end strengths for Selected Reserve personnel as of September 30, 1989. Authorizes the end strength for reserves on active-duty in support of the reserves for the same period. Increases the number of members in certain grades authorized to be on active-duty in support of the reserves. Part C: Military Training - Authorizes the average military training student loads for the armed forces, the Reserves, and the National Guard for FY 1989, requiring such student loads to be adjusted consistent with end strengths authorized for military personnel in general. Part D: Civilian Personnel - Authorizes end strengths for civilian personnel of DOD as of September 30, 1989. Outlines administrative provisions relating to the determination of such civilian personnel ceilings. Title V: Military Personnel Policy - Requires information furnished to military personnel selection boards to include information relating to the need for either a minimum number or maximum number of officers with particular skills within a competitive category. Prohibits such information from being modified, withdrawn, or supplemented after the board submits its report to the Secretary of the military department concerned, except in limited circumstances. Revises provisions concerning actions to be taken by the Secretary after review of reports submitted by such selection boards. Limits the authority of the Secretary to delegate the authority delegated to the Secretary by the President to approve or disapprove the report of a selection board. Amends the Military Family Act of 1985 to expand the preferenced hiring of qualified spouses of military personnel to include hiring for any GS-level positions. (Currently, such preference is limited to levels above the GS-1 level.) Reduces from 90 days to 30 days the time that must elapse after the Secretary submits a manpower estimate to the defense committees before the Secretary may approve the full-scale engineering development of a major defense acquisition program. Waives such required period during time of war or national emergency declared by the Congress or the President. Reduces such period to ten days if such estimate submitted to the Secretary with respect to such program indicates that no increase in military or civilian end strength will be required. Title IV: Compensation and Other Personnel Benefits - Part A: Pay and Allowances - Waives the automatic adjustment to military pay for FY 1989 in conformity with the GS-level adjustment applicable to Federal employees, instead authorizing an increase of 4.3 percent in the rate of basic pay, basic allowance for quarters, and basic allowance for subsistence. Increases cadet and midshipman pay for FY 1989. Prescribes the weight allowances (for the transportation of household goods) authorized for members of the armed forces (and their dependents) according to a table which increases such allowance with each military grade increase. Part B: Other Personnel Benefits - Authorizes the payment of a continuation bonus to an aviation officer who executes a written agreement to remain on active duty in aviation service for at least one year. Limits the maximum annual bonus to be so paid, and limits to eight years the length of such an agreement. Outlines administrative provisions relating to such bonus payment, including bonus prorating, officer applicability, and refund procedures in case of default by the officer concerned. Prohibits new agreements under current Federal special pay provisions for aviation career officers. Limits the total amount of bonus pay obligations that may be made by the Secretary of the Air Force during FY 1989 as the result of such agreements. Terminates the authority of the Secretary of a military department or the Secretary of Transportation to enter into such an agreement as of September 30, 1989. Directs the Secretary of Defense, no later than December 1, 1988, to submit to the defense committees a comprehensive report on the retention of aviators in the armed forces. Authorizes the payment of variable special pay for medical officers within certain pay grades who have at least eight years of creditable service according to specified rates which vary depending on the length of such service (such special variable pay decreasing as the length of service increases). Authorizes the payment of additional special pay for an officer with at least eight years' creditable service for any 12-month period that the officer is entitled to additional special pay due to having achieved the grade of 0-6 or above while serving in a medical officer capacity. Specifies the rates at which such higher-grade officers are to receive such additional special pay, such rate increasing as the length of service increases. Limits the total compensation to be paid to such officers to the total compensation paid to comparable physicians in private practice, as determined by the Secretary. Directs the Secretary, no later than November 15, 1988, to report to the defense committees describing the manner in which such additional pay authority is to be used. Directs the Secretary, no later than December 1, 1988, to report to the defense committees with: (1) the Secretary's recommendation for legislation necessary to attract and retain needed health-care professionals; and (2) the Secretary's assessment of the adequacy of the existing compensation system for such health-care professionals. Limits the total obligation for such additional payments in FY 1989. Terminates the authority to make such additional payments if such reports are not received in a timely manner. Authorizes the payment of special pay, at an annual rate not to exceed $10,000, for officers of the Selected Reserve who are qualified in a specialty designated by regulations as a critically short wartime specialty and who execute a written agreement to serve in the Selected Reserve for no less than one year nor more than three years beginning on the date the officer accepts such special pay. Requires an appropriate refund when such officer fails to complete such additional duty. Terminates the authority to enter into such agreements as of September 30, 1990. Provides that such pay authority shall be used only for the purpose of conducting a pilot test program to determine its effect on the retention of officers who are qualified in critically short wartime specialties. Limits the total amount to be obligated for such pay authority for FY 1989. Directs the Secretary, no later than September 1, 1988, to report to the defense committees a description of the manner in which such pilot test program is to be structured. Limits to the grade in which a member of the armed forces retired the computation of retired pay in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial. Authorizes the Secretary of the military department concerned to pay a specified monthly annuity to any un-remarried surviving spouse of a member of the armed forces who: (1) died before November 1, 1953; and (2) was entitled to retired or retainer pay on his or her date of death. Requires such annuity to be reduced by other survivors' benefits to which such surviving spouse is entitled. Directs such annuity to be increased whenever military retired or retainer pay is increased. Entitles military personnel assigned on temporary duty overseas to travel and transportation allowances incident to personal emergencies. Adds to the definition of a military "dependent" for travel purposes of military personnel any child for whom care and support is provided by the member pursuant to an order of custody issued by a court of competent jurisdiction. Revises provisions relating to a civilian clothing allowance for members of the armed forces to allow such allowance only for officers who are required to wear such clothing as part of their regular duties. Permits (rather than requires) such clothing allowance to be paid. Changes from mandatory to discretionary the payment of a travel and transportation allowance incident to the voluntary extension of an overseas tour of duty. Part C: Health Care Provisions - Extends through 1991 the authority for the use by the armed forces of public health service hospitals, as authorized under the Department of Defense Authorization Act, 1984. Repeals a specified provision of the National Defense Authorization Act for Fiscal Years 1988 and 1989 which requires a specified percentage of the growth in the number of Navy officers for such fiscal years to be allotted to Navy officers employed in certain health professions. Title VII: Department of Defense Organization and Management - Increases from five to ten percent the number of waivers (from the requirement of either education in joint duty specialties or a tour of joint duty) authorized to be granted each year by the Secretary of Defense for assignments to the joint duty specialty. Requires, for critical joint duty assignments, that not less than 80 percent of the positions so designated by the Secretary shall be held at all times by officers who have the joint specialty. Reduces the required length of a joint duty assignment: (1) in the case of general and flag officers from three to two years; and (2) in the case of all other officers from three and one-half years to three years. Authorizes the Secretary to decrease such required tour in the case of an officer who has a military occupational specialty designated as critical. Prohibits the Secretary, in any case, from prescribing the length of a joint duty assignment to be less than two years. Adds to the list of assignments which will be considered full tours of joint duty the following: (1) a joint duty assignment outside of the United States for which the normal accompanied-by-dependents tour of duty is at least two years in length, if the officer serves in the assignment for at least the accompanied-by-dependents tour length; or (2) a joint duty assignment during which the officer is selected for promotion to the grade of brigadier general or real admiral (lower half), if the officer served at least two years in such assignment. Revises provisions concerning the determination of cumulative credit for purposes of the required length of joint duty. Authorizes the Secretary to accord constructive credit in the case of an officer who, for reasons of military necessity, is reassigned from a joint duty assignment within 60 days of meeting the tour length criteria, allowing an amount of constructive credit in the amount otherwise necessary to meet the required length, but in no case more than 60 days. Modifies the definition of "joint duty assignment" to allow the Secretary to include as such an assignment, after consultation with the Chairman of the Joint Chiefs of Staff, not more than 250 assignments which the Secretary designates as assignments that provide significant experience in joint matters. Provides as an exception to the normal requirement of joint duty tour of duty before promotion to general or flag officer the case of a Navy officer designated as a qualified nuclear propulsion officer, who may be promoted to rear admiral (lower half) without the required tour of joint duty. Provides a further exception to such requirement in the case of an officer who began a joint duty assignment before January 1, 1987, and served a period of sufficient duration (at least 12 months) in such position to have been considered a full tour of duty under regulations in effect at such time. Amends the Goldwater-Nichols Department of Defense Reorganization Act of 1986 to make joint-duty-waiver provisions under such Act consistent with the above changes. Directs the Secretary, after consultation with the Chairman of the Joint Chiefs of Staff, to submit to the defense committees a report on joint officer management policies. Requires such report to be submitted no later than February 1, 1990. Authorizes the President to defer until October 1, 1989, the retirement of the officer serving as Chairman of the Joint Chiefs of Staff for the term beginning October 1, 1987. Adds U.S. elements of binational or multinational military commands to the forces to which the Secretary of a military department is required to assign forces under his or her jurisdiction. Adds to the responsibility of the commander of the special operations command the submission to the Secretary of Defense of program recommendations and budget proposals for special operations forces. Prohibits funds made available to DOD for FY 1989 from being used for: (1) establishing or operating an Office of the Assistant Secretary of Defense for Intelligence; or (2) paying the salary of such an Assistant Secretary. Requires the advice and consent of the Senate for presidential appointments of General Counsels of the military departments. Requires various information relating to defense capabilities assessments to be included in an annual report from the Secretary to the Congress on the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries. Requires each such report to be transmitted to the Congress at the same time that the President submits the budget to the Congress. Title VIII: Acquisition Policy and Management - Directs the Secretary to develop each year, in conjunction with the five-year defense program submitted to the Congress in such year, a plan that ensures that the following policies of DOD are structured to meet the long-term needs of DOD for industrial resources and technology innovation: (1) policies relating to progress payments or other financing of contractors by DOD; (2) policies relating to the return on contractor investment under DOD contracts; and (3) policies relating to the division of contract risk between DOD and a contractor. Directs the Secretary to submit annually to the Congress a report which contains the above plan and an explanation of the manner in which the policies referred to above enhance the ability of DOD to obtain industrial resources and encourage technology innovation. Requires each such report to be submitted at the same time that the five-year defense program is submitted to the Congress. Directs the Secretary to prescribe guidelines that provide that a fixed-price contract should be awarded in the case of a development program only when: (1) the level of program risk permits realistic pricing; and (2) the use of a fixed-price contract permits an equitable allocation or program risk between the United States and the contractor. Requires the Under Secretary of Defense for Acquisition to determine that such criteria have been met before awarding a contractor a fixed-price contract in excess of $10,000. Limits the power of the Under Secretary to delegate such authority. Declares that a defense contractor, when certain proposals (relating to the future availability and competition for items of procurement) are required to be submitted by a contractor as part of such contractor's proposal, shall not be required to provide for future competition between identical items for an item developed exclusively at private expense by a contractor or subcontractor, unless the head of the defense agency determines that: (1) the original supplier of such item will be unable to satisfy program schedule or delivery requirements; or (2) the price of such item in economic order quantities to the Government will not be reasonable based on an analysis of cost and performance comparisons with competing substitutes. Outlines further administrative provisions relating to such proposals. Expresses congressional findings for the essential need of a strong defense industrial base for the enhancement of U.S. national security. Directs the Under Secretary of Defense for Acquisition to: (1) provide overall policy guidance and direction to the military departments and the defense agencies on matters relating to the maintenance, expansion, and readiness of the defense industrial base of the United States; (2) analyze the capabilities of the defense industrial base to fulfill requirements of the national defense strategy in time of peace or in time of war or national emergency; (3) develop and direct the implementation of plans and programs that promote the ability of the defense industrial base to meet certain production and readiness requirements; and (4) identify and plan for the procurement of items of supply that are suitable substitutes for military standard items of supply which are anticipated to be unavailable from existing sources in time of war or national emergency and which are commercially available from domestic sources. Directs the Under Secretary to require that each defense acquisition program designated by the Under Secretary include a requirement for an analysis of the capability of the defense industrial base to develop, produce, maintain, and support the system to be acquired under such program. Outlines factors to be considered as part of such analysis. Provides that the Under Secretary shall be responsible for compiling and analyzing the data obtained from such analysis to ensure that: (1) the capabilities of the defense industrial base to meet program requirements have been assessed by the military department or defense agency carrying out such program; and (2) the capabilities of the defense industrial base to meet the aggregate requirements for all such programs have been assessed by the Office of the Secretary of Defense. Directs the Under Secretary to establish and implement acquisition policies which provide for: (1) expanded use of commercial manufacturing processes rather than military standard requirements; (2) elimination of barriers to, and facilitation of, the integrated manufacture of commercial items and items being produced under defense contracts; and (3) encouragement of the military departments and defense agencies to identify commercial items that are suitable substitutes for military standard items incorporated into weapon systems or other items of equipment. Authorizes the Under Secretary to establish a defense production innovation center to be the principal office in DOD for the development of policies and plans regarding the conduct of programs for the improvement of the defense industrial base of the United States. Outlines action to be taken by the head of such center, the Defense Production Base Director, in regard to the improvement and enhancement of the defense industrial base of the United States. Provides that the Under Secretary, during FY 1989, shall require each military department to initiate at least one analysis of the capability of the defense industrial base to develop, produce, maintain, and support systems to be acquired under acquisition programs carried out by such department. Requires all such analyses to be completed no later than September 30, 1990. Directs the Under Secretary, no later than February 1, 1991, to report to the defense committees on such analyses. Directs the Secretary to consult with the Secretary of Commerce in the negotiation and renegotiation of memoranda of understanding between DOD and one or more foreign countries relating to defense trade, cooperation on defense research, or production of defense equipment. Directs the Secretary, no later than 30 days after any such memorandum is entered into, to report to the defense committees a description of the anticipated effects of the implementation of such memorandum on the defense industrial base of the United States. Authorizes the President to waive such requirement in the event of war or national emergency. Makes certain congressional findings with regard to DOD offset policy (the making of contracts with foreign firms where some or part of the work under such contract or investment under such contract must be performed by or invested in such foreign firm or foreign country). Directs the Secretary, acting with and through other designated officials, to establish a comprehensive policy with respect to contractual offset arrangements. Prohibits any U.S. official from entering into a memorandum of understanding or other agreement with a foreign government that would require the transfer of U.S. defense technology to a foreign country or foreign firm in connection with a contract that is subject to an offset arrangement, if the implementation of such memorandum or arrangement would significantly and adversely affect the defense industrial base of the United States and would result in a substantial financial loss to a U.S. firm. Waives such prohibition if such waiver will result in strengthening the national security of the United States and is so certified to the Congress by the Under Secretary. Requires any U.S. firm entering into a contract with a foreign firm subject to an offset arrangement exceeding $50,000,000 in value to notify the Secretary of the proposed sale. Directs the Secretary to enter into negotiations with foreign countries that have a policy of requiring an offset arrangement in connection with the purchase of defense equipment or supplies from the United States, pursuing an agreement to: (1) limit the effect of such arrangements on the defense industrial base of each such country; and (2) prohibit such offset arrangements after a specified date. Directs the Secretary to attempt to achieve, within two years after the enactment of this Act, an agreement limiting the adverse the effects of such arrangements, and, within four years after the enactment of this Act, a final agreement prohibiting such arrangements. Directs the Secretary to report to the Congress at least once each year for four years on the progress of such negotiations. Directs the Secretary, no later than November 15, 1988, to report to the defense committees on contractual offset arrangements required of U.S. firms for the supply of weapon systems to foreign countries or foreign firms. Directs the Secretary, no later than March 15, 1989, to report to the defense committees a discussion of appropriate actions to be taken by the United States with respect to purchases from U.S. firms by a foreign country when that country or firm requires an offset arrangement in favor of such country. Requires that certain Federal regulations concerning the allowability of contractor costs shall provide that foreign selling costs shall be allowed the extent that such costs are: (1) allocable, reasonable, and not otherwise unallowable; and (2) within dollar ceilings established in advance agreements negotiated between the Secretary and the contractor or subcontractor during the fiscal year covered by such arrangement. Provides that certain limitations on the procurement of defense items outside the United States shall not apply if: (1) the cost is at least ten percent less than the cost of procuring such item within the United States; and (2) the Secretary determines that the government of the country in which such item is produced does not impose limitations on the procurement for the armed forces of that country of items or articles grown, reprocessed, reused, or produced in the United States that are more restrictive than similar limitations imposed by the United States on the procurement of items from such country for the U.S. armed forces. Adds to the purposes of the procurement technical assistance cooperative agreement program the encouragement of eligible entities to furnish to business entities procurement technical assistance that facilitates the exporting of defense-related products and services by such business entities. Revises provisions to limit the value of the assistance furnished by the Secretary to any eligible entity to carry out a program of procurement technical assistance under a cooperative agreement, allowing one amount for a program operating on a State-wide basis and a lesser amount in the case of a program operating on less than a State-wide basis. Extends through FY 1989 the authority for procurement of technical assistance for Indian tribal organizations. Directs the Under Secretary, no later than December 1, 1988, to report to the Congress on the current programs regarding simplification of procedures governing the acquisition process of DOD and an assessment of the results of those programs. Requires policies prescribed by the Under Secretary to provide for coordination of the annual plans developed by different elements of DOD for the conduct of oversight and audit functions within each contracting activity. Directs the Secretary to establish an advisory panel to study and make recommendations on ways to enhance cooperation between DOD and industry regarding matters of mutual interest, including: (1) procedures governing the debarment and suspension of contractors from doing business with DOD; (2) the role of self-governing oversight programs established by defense contractors; (3) expanded use of alternative dispute resolution procedures; and (4) the desirability of establishing a permanent advisory panel on government-industry relations. Directs the Secretary to submit a copy of the panel's report, together with the Secretary's comments and recommendations, to the Congress. Expresses the sense of the Congress that the evaluation by DOD of professional and technical services contract proposals should be made on the basis of a 40-hour work week standard. Directs the Secretary, no later than April 1, 1989, to report to the defense committees on the extent to which institutions of higher education offer and conduct educational programs and courses on Government contracting and acquisition management. Directs the Secretary to complete a certain study, initiated by DOD in 1985, concerning the supply of minority and women scientists, engineers, and technologists needed by defense industries and DOD to fulfill the national defense mission. Directs the Secretary to prescribe by regulation the authority and responsibilities of DOD acquisition program managers and contracting officers. Establishes within DOD an office for the supervision and coordination of product evaluation activities within DOD. Authorizes the Secretary of each military department and the head of each defense agency to establish and conduct a product evaluation activity. Requires the producer of the product evaluated to pay one-half of the cost of conducting such evaluation. Directs the Under Secretary, no later than March 15 annually, to report to the defense committees a plan for developing the 20 technologies considered by the Secretary and the Secretary of Energy to be the technologies most essential to develop in order to ensure the long-term qualitative superiority of U.S. weapon systems. Requires both product and process technologies to be considered in selecting the technologies to be included in such plan. Directs the Inspector General of DOD to: (1) conduct periodic audits of contractual actions by the defense agencies, DOD field activities, and the military departments; and (2) after each audit, report to the Congress on the management of undefined contractual obligations by the head of an agency. Deletes the requirement of the use of a competitive prototype program strategy in the development of a subsystem of a major weapons system (requiring such strategy only in the development of the major weapons system itself). Amends the Small Business Act to provide that a subcontracting plan negotiated by a Federal agency and a contractor for specified purposes shall apply to the contractor or, if the plan so provides, only to the organizational components of the contractor that perform the contract. Revises provisions concerning the necessity of a Small Business Administration certificate of competency in the case of a small purchase defense contract (a contract for an amount which does not exceed $25,000). Provides that the Secretary of a military department procuring a spare or repair part that is critical to the operation of an aircraft shall require the contractor to supply a part that meets applicable qualification and quality requirements. Defines such qualifications. Title IX: General Provisions - Part A: Financial and Budget Matters - Authorizes the Secretary, as deemed necessary in the national interest, to transfer amounts of authorizations made available to DOD in titles I through III for any fiscal year between any such authorizations for that fiscal year. Limits the total amount that may be so transferred. Directs the Secretary to promptly notify the Congress of any such transfers made. Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to increase the amount authorized to be transferred between authorizations for that fiscal year in that Act or any prior defense authorization Act. Requires the Secretary, in determining the purpose for which such transferred amounts will be used, to: (1) ensure that an appropriate portion is used for the payment of FY 1988 depot maintenance activities and civilian personnel salaries; (2) give special consideration and priority to civilian personnel of DOD, readiness, and more efficient acquisition processes; and (3) provide funds for other high priority readiness items. Provides authority for the obligation and expenditure of appropriations exceeding authorizations for FY 1988 for programs, projects, and activities of DOD, with specified exceptions. Prohibits Army procurement funds from being used for the procurement of any air defense system submitted to the Army for evaluation in response to an Army request for a specified system unless the Secretary certifies to the Congress that the system has met or exceeded full system requirements. Prohibits funds appropriated to the Navy for FY 1988 or 1989 from being obligated or expended for procurement of certain A-6 aircraft. Earmarks specified funds for procurement or modifications of M1 tanks. Applies limitations and requirements applicable under the Department of Defense Authorization Act, 1988 to appropriations exceeding authorizations obligated under this Act. Outlines the transfer authority for such funds. Repeals specified provisions of the Department of Defense Appropriations Act, 1988 which: (1) authorized the Navy to enter into agreements to construct and charter up to six tankers to replace a certain class of tankers currently in use; and (2) prohibited the use of funds to enter into any contract for the overhaul, repair, or maintenance of any naval vessel on the west coast of the United States which includes interport differential charges as an evaluation factor for awarding a contract. Prohibits an unauthorized defense appropriation from being obligated unless, and only to the extent that, the obligation of such appropriation is specifically authorized by law after the enactment of such appropriation. Directs the Secretary to determine, upon the enactment of a law making a defense appropriation, with respect to each defense appropriation provided in that law: (1) whether any part of such appropriation provides funds for an unauthorized program; and (2) if so, the total amount of funds provided for all such unauthorized programs. Directs the Secretary, no later than 30 days after the enactment of such an appropriation or authorization law, to submit to the Congress a report identifying: (1) any unauthorized program; and (2) the amount of appropriations provided for such program. Directs the Comptroller General to promptly review each such report, and, if deemed necessary, report to the Congress that the law provides appropriations for an authorized program or that a program is not unauthorized. Provides a contingent general continuing authorization for DOD operations if there has not been a law specifically authorizing such appropriations as of the first day of a fiscal year. Provides the rate at which such operating funds may be obligated in the case of a general continuing authority. Terminates such general operating authority upon the enactment of a law specifically authorizing appropriations for that fiscal year for such purpose. States that such provisions do not apply to permanent appropriations, trust funds, and other similar accounts administered by DOD as authorized by law. States that the provisions of the Impoundment Control Act of 1974 do not apply to an unauthorized defense appropriation. Provides that funds may not be appropriated for any fiscal year for military functions of DOD for any of the following purposes unless such funds are specifically authorized by a law other than an appropriation law: (1) procurement; (2) research, development, test, or evaluation; (3) operation and maintenance; (4) working capital funds; and (5) military construction. Part B: Miscellaneous Matters - Expresses certain congressional findings regarding confidence-building measures designed to increase openness and predictability of military activities in Europe. Expresses the sense of the Congress that the President should give high priority to developing stabilizing and verifiable proposals for expanding the regime of confidence-building measures (with regard to the verification of military activities in Europe) in light of a specified international conference and talks on such subject. Amends the Department of Defense Authorization Act, 1986 to add specific information (relating to Soviet compliance with, or violations of, applicable arms control agreements) in a report due annually from the President to the Congress under such Act. Directs the President, no later than December 1 annually, to submit to the Congress a report containing a comprehensive discussion and analysis of the arms control strategy of the United States. Outlines specified information to be included in such report, including the current military balance between the United States and the Soviet Union, as well as the military balance between the NATO countries and the Warsaw Pact countries. Requires the President, in making such report, to explain the methodology used in determining the military balances. Increases the amount of liability that the United States may accrue in a fiscal year for the acquisition of supplies from NATO-member countries. Authorizes the Secretary to waive certain sales charges (required as arms sales charges under the Arms Export Control Act) made by DOD to the Maintenance and Supply Agency of NATO in support of certain weapon system partnership agreements. Repeals a specified provision of the Department of Defense Appropriations Act, 1988 which directs the Secretary to take such action as is necessary to convert current steam-generating plants at U.S. defense facilities to coal-burning facilities. Increases to $100,000 the maximum amount of an advance payment (before final settlement of a claim) that may be made for any person who was injured or killed, or whose property was damaged or lost, under circumstances for which allowance of a claim is authorized by law. Authorizes the Secretary of a military department to delegate the authority to make such payment in an amount not to exceed $25,000. Revises annuity computation provisions for judges of the U.S. Court of Military Appeals who complete their terms of service. Prohibits an annuity reduction for judges who complete their appointed terms. Provides an annuity computation for a former judge of the U.S. Court of Military Appeals who is retiring under immediate retirement provisions, such computation taking into account all service as a Member of Congress, a congressional employee, and a judge. Authorizes the Secretary of the military department concerned to accept from any person voluntary attorney, paralegal, clerical, or related services for members of the armed forces. Repeals a specified provision of the Department of Defense Appropriations Act, 1988 which prohibits the use of funds for the purchase of alcoholic beverages for resale on U.S. military installations unless such alcoholic beverages were procured in the same State in which the military installation is located. Provides that resulting increases in revenue shall be used for improvements in morale, welfare, and recreational programs for members of the armed forces. Authorizes the Secretary of the Navy to lease aircraft for Fleet Electronic Warfare Support Group activities if the cost of such leasing is less than the cost of operating and maintaining the same number of existing Navy aircraft. Makes certain congressional findings relating to the special operations airlift. Expresses the sense of the Congress that: (1) a plan (relating to the operation of such airlift previously submitted to the Congress by the Secretary of Defense) is a sound proposal to redress the serious deficiency in airlift capacity for special operations forces; (2) the Secretary should formulate a five-year defense program for FY 1990 through 1994 that includes sufficient funds for the procurement or modification of airlift aircraft; and (3) the President should submit budgets to the Congress for FY 1990 through 1992 that include sufficient funds for the procurement or modification of such aircraft used for such airlift. Directs the Secretary to: (1) close all military installations recommended for closure by the Commission on Base Realignment and Closure; (2) realign all military installations recommended for realignment by the Commission; and (3) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines conditions required to be met before taking such action (prior congressional notification and recommendations for closure by the Commission). Terminates the authority of the Secretary to carry out any closures or realignments on October 1, 1995. Provides for reports and statements required of the Commission to the Secretary and the Congress in carrying out their recommendation responsibilities. Directs the Secretary to take all necessary action to implement such recommended closures or alignments, including the provision of: (1) economic adjustment assistance to any community located near a military installation being closed or realigned; and (2) community planning assistance to any community located near a military installation to which functions are to be transferred as a result of such closure or realignment. Authorizes the Secretary to carry out activities for the purpose of environmental restoration of such affected areas. Directs the Secretary, before any sale or exchange of real property or a facility is made due to such base closure or realignment, to inform other instrumentalities of the Federal Government of the availability of such property and to transfer such property for fair market value to any such instrumentality offering to purchase such property. Outlines further action to be taken by the Secretary if there are no instrumentalities of the Government desiring to purchase such property at fair market value, including selling such property to another Government entity at less than fair market value. Directs the Secretary to provide, as part of such a conveyance under the above provisions, that title shall revert to the United States if such property or facility is used for any purpose other than the one for which it was conveyed. Directs the Secretary to transmit to the Congress, as part of each annual request for authorization of appropriations: (1) a schedule of the closure or realignment actions proposed and an estimate of the total resulting cost savings; and (2) a description of the military installations to which functions are to be transferred as the result of such closures or realignments, together with the Secretary's assessment of the environmental consequences of such transfers. Directs the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission, and to report to the appropriate congressional committees, no later than September 15, 1988, on the findings and conclusions of such study. Directs the Secretary to notify the appropriate congressional committees when: (1) a decision is made to carry out a construction project for a military installation; and (2) the cost of the project will be greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account. Authorizes appropriations and provides for the deposit of funds for such Account. Directs the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under the above provisions, to report to the appropriate congressional committees on the amount and nature of deposits into, and the expenditures from, the Account during such fiscal year. Directs the Secretary, no later than 60 days after the termination of his or her authority to carry out an alignment or closure, to report to the appropriate congressional committees an accounting of all funds deposited into, expended from, and remaining in, such Account. Division B: Military Construction Authorizations - Title XXI (sic): 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, carry out architectural and engineering services and construction design activities, and improve existing military family housing in specified amounts at specified installations. Authorizes the Secretary to make advances to the Secretary of Transportation for the construction of defense access roads for a specified amount at specified locations. Authorizes appropriations to the Army for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions. Limits the total cost of all military construction projects authorized under this title. Extends authorizations for certain FY 1985 through 1987 military construction projects. Title XXII (sic): 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. Earmarks specified funds for a certain shipyard modernization project at the Portsmouth Naval Shipyard, Portsmouth, New Hampshire. Authorizes the Secretary to construct or acquire military family housing, carry out architectural and engineering services and construction design activities, and improve existing military family housing in specified amounts at specified installations. Authorizes the Secretary to acquire a specified number of family housing units located on the Naval Air Station, Glenview, Illinois. States the amount of charge to be made by the Secretary for the leasing of such units after acquisition by the Secretary. Terminates the authority of the Secretary to acquire such property on October 1, 1994. Authorizes the Secretary to make advances to the Secretary of Transportation for the construction of defense access roads in specified amounts at specified installations. Authorizes appropriations to the Navy for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions. Limits the total cost of all military construction projects authorized under this title. Title XXIII (sic): 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, carry out architectural and engineering services and construction design activities, and improve existing military family housing in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions. Limits the total cost of all military construction projects authorized under this title. Extends authorizations for certain prior-year military construction projects. Title XXIV (sic): Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire three military family housing units and to improve existing military family housing units in specified amounts. Authorizes the Secretary to contribute funds to the Government of the Netherlands for the U.S. share of the cost of the International Elementary and High School project in Brunssum, the Netherlands. Amends the Military Construction Authorization Act, 1987 to extend through FY 1989 the authority of the Secretary to carry out military construction projects for the construction of conforming storage facilities. Authorizes the Secretary to make advances to the Secretary of Transportation for the construction of defense access roads at Fort Meade, Maryland. Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to relocate a military construction project (for the construction of armed forces medical facility) in the United Kingdom. Authorizes appropriations to the defense agencies for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of all military construction projects authorized in this title. Extends authorizations for a certain prior-year military construction project. Title XXV (sic): North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions to the North Atlantic Treaty Organization (NATO) Infrastructure Program, and authorizes appropriations for such contributions. Title XXVI (sic): Guard and Reserve Facilities - Authorizes appropriations for the Guard and Reserve Forces for fiscal years beginning after FY 1988 for the costs of acquisition, architectural and engineering services, and construction of facilities. Title XXVII (sic): Expiration of Authorizations; Effective Date - Provides, with specified exceptions, that all authorizations contained in title XXI through XXV of this Act for military construction projects, land acquisition, family housing projects and facilities, and contributions to the NATO Infrastructure Program shall expire on October 1, 1990, or the date of enactment of an Act authorizing military construction projects for FY 1991, whichever is later, except where appropriations have been obligated. Title XXVIII (sic): General Provisions - Part A: Miscellaneous - Expands the authority of the Secretary to aid in planning local community adjustments to include the making of grants to aid in planning adjustments required by: (1) a publicly-announced planned major reduction in DOD spending that would directly and adversely affect a community; or (2) the encroachment of a civilian community on a military installation, if the Secretary determines, in either case, that such action would have an adverse consequence or would impair the continued operational utility of the military installation. Requires, in the case of the planned major reduction that such reduction will result in the loss of 1,000 or more full-time DOD and contractor employee positions over a five-year period in the locality in order to be eligible for such grant assistance. Authorizes the Secretary, in addition to any other grant authority, to provide community planning assistance grants for: (1) communities located near newly-established light infantry division posts; and (2) communities located near newly-established Navy strategic dispersal program homeports. Terminates such grant authority on September 30, 1991. Amends the Military Construction Authorization Act, 1984 to allow (currently requires) a rental housing lease agreement to include a provision rendering the agreement null and void if the owner of the housing fails to maintain a satisfactory level of operation and maintenance. Authorizes the Secretary of a military department (or the Secretary of Transportation, in the case of the Coast Guard), in the case of housing located on land owned by the United States and with respect to which housing is guaranteed, to: (1) require the United States to provide utilities, trash collection, snow removal, and entomological services at no cost to the occupant to the same extent that such services are provided to occupants of Government-owned housing; and (2) provide for rent collection and for operation and maintenance under a separate contract or use Government personnel to provide such services. Increases from 20 to 32 years the authorized length of long-term facilities contracts entered into by the Secretary of a military department. Increases from 36,000 to 38,000 the authorized number of family housing units that may be leased in foreign countries to provide military family housing. Deletes a Federal provision prohibiting a military construction project to be placed under contract if there are variations of more than 25 percent in either the scope of the work to be performed or the project cost over the project ceiling. Deletes a provision allowing the project approved amount to be increased upon certain determinations by the Secretary concerned. Revises provisions relating to the waiver on limitations on cost increases if certain conditions occur (such as written notification to the appropriate congressional committees followed by a waiting period). Increases from $100,000 to $200,000 the maximum limit on real property transactions triggering a report by the Secretary concerned to the defense committees. Deletes a requirement of a report from the Secretary concerned to the appropriate congressional committees if the Secretary purchases an interest in land of more than $100,000. Directs the Secretary of the Navy to issue solicitations for proposals for the acquisition of such office space within the National Capital Region as determined necessary to meet the needs of the Navy. Directs the Secretary, no later than 90 days after the date on which the Secretary receives responses to the proposal solicitations, to report to the defense committees regarding such proposals. Amends the Military Construction Authorization Act, 1987 to increase the amount authorized for certain construction at the Brooke Army Medical Center, Fort Sam Houston, Texas. Part B: Real Property Transactions - Authorizes the Secretary of the Navy to convey to the San Diego Unified Port District of San Diego, California, certain real property in San Diego in exchange for certain parcels of land adjacent to the San Diego Naval Station. Prohibits the Secretary from entering into such an exchange until he has notified the defense and appropriations committees and 21 days have expired since such notice. Authorizes the Secretary of the Navy to grant an easement to Orange County, California, for the construction and maintenance of flood control improvements at the northern boundary of the Marine Corps Air Station, El Toro, California. Provides the consideration for such conveyance, and provides additional terms and conditions to such conveyance. Directs the Administrator of General Services to transfer to the Secretary of the Navy certain vacant land at the Suitland Federal Center, Suitland, Maryland, that the Administrator determines to be: (1) excess to present and future needs at the Center; and (2) adequate to accommodate the needs of the Navy for construction and operation of a Navy Intelligence Command Headquarters. Authorizes the Secretary of the Army to sell and convey a portion of Fort Jackson, South Carolina, under specified terms and conditions. Division C: Other National Defense Authorizations - Title XXXI (sic): Department of Energy National Security Programs - Part A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1989 for operating expenses incurred and for plant and capital equipment necessary in carrying out national security programs involving: (1) weapons activities; (2) defense nuclear materials production; (3) environmental restoration and management of defense waste and transportation; (4) verification and control technology; (5) nuclear materials safeguards and security technology development program; (6) security investigations; and (7) naval reactors development. Limits the amount of such DOE funds that may be obligated or expended for the following: (1) programs, projects, and activities of DOE relating to SDI; and (2) the inertial confinement fusion program. Restricts the obligation of funds for: (1) the short-range attack missile II; and (2) the construction of a cooling tower at the K reactor, Savannah River Plant, South Carolina. Part B: Recurring General Provisions - Prohibits the use of funds authorized under this title for any program where the costs of the program exceed by five percent or by more than $10,000,000, whichever is less, the amount authorized for that program under this title. Prohibits the use of funds authorized by this title for programs which have not been presented to, or requested of, the Congress unless the Secretary of Energy transmits to the appropriate committees a full and complete statement of the action proposed and 30 days have expired since such statement was submitted. Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title. Authorizes the Secretary of Energy to carry out any authorized general plant construction project only if the maximum estimated cost of the project does not exceed $1,200,000. Requires reports from the Secretary to specified committees when revised costs of a project exceed such amount. Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost, and 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 appropriation is made. Authorizes the Secretary to perform advance planning and construction design services in connection with any proposed construction project if the total cost does not exceed $2,000,000. Requires the Secretary to notify the appropriate committees whenever such planning and design exceeds $300,000, and requires specific legislative authorization whenever such services exceed $2,000,000. Authorizes the Secretary to perform emergency construction planning and design to meet the needs of national defense or to protect property or human life. Makes funds authorized for operating expenses and plant and capital equipment under this title available for all national security programs of DOE. Authorizes increases in amounts authorized under this title in order to account for increases in salary, pay, retirement, and other benefits as authorized by law. Part C: Miscellaneous Provisions - Directs the Secretary of Energy to request the National Academy of Sciences (NAS) to conduct a review of the inertial confinement fusion program of DOE and to submit to the defense committees, no later than January 15, 1990, and September 15, 1990, reports on the results of such review. Directs the Secretary to review such reports and, no later than 30 days after receipt of each, to submit to the same committees comments and recommendations concerning such reports. Directs the Secretary, no later than July 31, 1988, to submit to the defense committees a report containing the Secretary's recommendations for the site for construction of a new production reactor and the Secretary's recommendation for the preferred technology for a new production reactor. Requires the Secretary to report to the defense committees, at the same time that the budget for FY 1990 is submitted to the Congress, with information pertaining to a new production reactor. Directs the Secretary to enter into negotiations with the New Mexico Institute of Mining and Technology for the purpose of entering into an agreement with the Institute to provide funds for the work of the Environmental Evaluation Group for a term of five years. States the purpose of the Group to be to conduct a thorough review of the Waste Isolation Pilot Plant project in New Mexico. Sets forth administrative provisions concerning staffing, functions, and funding for the Group. Authorizes the Secretary to pay to Los Alamos County in New Mexico an agreed-upon amount to provide for the final settlement of all obligations of the United States to make community assistance payments to the County as required under the Atomic Energy Community Act of 1955. Limits the total amount authorized to be paid to such County as such final payment. Outlines terms and conditions of such settlement. Authorizes appropriations. Part D: Independent Nuclear Safety Board Oversight Over Department of Energy Nuclear Facilities - Expresses certain congressional findings relating to the need for independent oversight of safety operations at DOE nuclear facilities. States the purpose of this part to be to establish a Defense Nuclear Safety Board to ensure the protection of public health and safety in activities at DOE nuclear facilities. Establishes such Board, outlining administrative provisions relating to Board composition, functions, powers, and responsibilities. Requires the Board to review and evaluate the implementation of the health and safety standards of DOE at each DOE nuclear facility and to recommend to the Secretary specific measures that should be adopted to reduce substantially the likelihood that actual or potential nuclear incidents will occur. Provides that if the Secretary of Energy determines that any action recommended by the Board or any action proposed by the Secretary in response to the Board's recommendation might affect DOE's ability to meet the annual nuclear weapons stockpile requirements, the Secretary shall inform the President, the Secretary of Defense, and the appropriations and defense committees of the Congress of such recommendation and shall consult with the Secretary of Defense on such action. Outlines further administrative action authorized to be taken by the Board or the Secretary in specified circumstances. Requires all recommendations made by the Board to the Secretary of Energy to be made available to the public. Directs the Secretary to transmit to the Board a statement as to whether he accepts or rejects the recommendations submitted, a description of the actions to be taken in response to the recommendations, and his views on such recommendations. Outlines further administrative provisions relating to the Secretary's response to the Board's recommendations, the preparation of a plan by the Secretary implementing any accepted Board recommendations, and the implementation of such plan in a timely manner. Requires additional notice to the President, the Secretary of Defense, and the appropriations and defense committees when a Board recommendation relates to an imminent or severe threat to public health and safety. Outlines action to be taken by the Secretary of Energy if he determines that the implementation of a Board recommendation is impractical because of budgetary considerations, or that implementation would affect the Secretary's ability to meet the annual nuclear weapons stockpile requirements. Requires the Board to submit annually, at the same time that the President submits the budget to the Congress, a report concerning the activities and recommendations made by the Board during the preceding year. Directs the reports to be submitted to the appropriations and defense committees. Directs the Secretary of Energy to submit, to the same committees at the same time, a written report concerning the activities of DOE during the preceding year. Authorizes assistance to the Board on all matters under its consideration from specified Federal agencies, advisory bodies, and organizations outside the Federal Government. Terminates the Board upon the expiration of the six-year period beginning on the date of enactment of this part. Requires the fifth annual report submitted by the Defense Nuclear Safety Board to the defense committees (as required under the Atomic Energy Act of 1954) to include an assessment of the Board's actions and recommendations. Includes members of the Defense Nuclear Safety Board in the Executive Schedule Level III pay scale within the Federal Government. Directs the Secretary of Energy to transfer to the Defense Nuclear Safety Board a specified amount to carry out its responsibilities. Title XXXII (sic): National Defense Stockpile - Directs the President to obligate a specified sum during FY 1989, out of the National Defense Stockpile Transaction Fund, for: (1) the acquisition of strategic and critical materials as required under the Strategic and Critical Materials Stock Piling Act; (2) transportation, storage, and other expenses related to such acquisition; and (3) the upgrading of stockpile materials and expenses related to such upgrades. Authorizes the President to dispose of specified amounts of materials currently determined to be excess to the needs of the National Defense Stockpile. Amends the Strategic and Critical Materials Stock Piling Act to require that any proposed expenditure or disposal relating to materials in the stockpile that is not obligated or executed in the appropriate fiscal year may not be obligated or executed until the expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate congressional committees. Title XXXIII (sic): Civil Defense - Authorizes appropriations for FY 1989 for civil defense functions under the Federal Civil Defense Act of 1950.

A bill to designate the outpatient clinic of the Veterans' Administration to be located on New Jersey State Route 70 in Brick Township, New Jersey, as the "James J. Howard Veterans' Outpatient Clinic".

United States · United States Congress · 4 May 1988

Designates the outpatient clinic of the Veterans Administration located in Brick Township, New Jersey, as the James J. Howard Veterans' Outpatient Clinic.

A bill to increase the dollar amount of defense authorizations for fiscal year 1988 that are subject to transfer for new purposes pursuant to law, and for other purposes.

United States · United States Congress · 4 May 1988

Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to increase the amount of Department of Defense (DOD) authorizations for FY 1988 subject to transfer from $2,000,000 to $4,000,000. Requires the Secretary of Defense, in determining the purposes for which such transfer authority will be used, to ensure that an appropriate portion of such authority is used to transfer to operation and maintenance accounts of DOD for FY 1988 funds for: (1) depot maintenance activities sufficient to reduce service backlogs; and (2) pay of civilian personnel in an amount sufficient to ensure that no such employees are released due to insufficient funding. Directs the Secretary to notify the Congress at least 15 days before any such fund transfer is made. Directs the Secretary to carry out such transfers in a manner which does not result in an increase in outlays by DOD during FY 1988. Requires the Secretary to submit to specified congressional committees, at the close of each month during FY 1988, any increase or decrease in DOD outlays during that month resulting from the exercise of the transfer authority.

Veterans' Home Loan Program Improvements Act of 1988

United States · United States Congress · 3 May 1988

Veterans' Home Loan Program Improvements Act of 1988 - Establishes an independent Commission on the Veterans' Administration Home Loan Guaranty Program to assess the Veterans Administration (VA) home loan guaranty program. Directs the Commission, within 12 months after all Commission members have been appointed, to submit to the Administrator and the Senate and House Veterans' Affairs Committees a report on findings and recommendations with regard to: (1) ways to reduce defaults and foreclosures on VA home loans; (2) ways to reduce VA costs resulting from such foreclosures; (3) the management and disposition of loans made by the VA to finance the sale of properties acquired by the VA as a result of foreclosures; and (4) other administrative matters with regard to the operation of the VA home loan guaranty program. Directs the Administrator, no later than two months after such report is submitted, to submit an interim report to the veterans' committees containing the Administrator's views on the Commission's report and legislation or recommendations proposed by the Commission. Directs the Administrator to submit a final report to the veterans' committees, which includes any action taken up to that point, no later than six months after submission of the Commission's report, together with any recommendations. Terminates the Commission 90 days after the Administrator submits such final report. Establishes certain creditworthiness requirements which must be met before the assumption by a third party of a VA loan on foreclosed property acquired by the VA. Requires the repayment of the original VA loan prior to the disposal of the real property if such creditworthiness requirements are not met.

A concurrent resolution to recognize the heroic efforts of the officers and crew of the USS BONEFISH.

United States · United States Congress · 3 May 1988

Expresses the sense of the Congress that certain officers and the crew of the U.S.S. Bonefish should be recognized and commended for their efforts to save their fellow shipmates when an explosion and fire threatened their submarine.

A bill to provide for naturalization of natives of the Philippines through active-duty service in the Armed Forces during World War II.

United States · United States Congress · 28 April 1988

Amends the Immigration and Nationality Act to provide for the naturalization of certain Filipino World War II veterans.

National Defense Authorization Act, Fiscal Year 1989

United States · United States Congress · 28 April 1988

Defense Savings Act - Directs the Secretary of Defense to: (1) close or realign military installations as recommended by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission; and (2) initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995. Outlines certain conditions to such closures or realignments, including timely notice to the Congress of the Secretary's decision to accept and implement all of the closures and realignments recommended by the Commission. Terminates the authority of the Secretary to carry out any closure or realignment as of October 1, 1995. Directs the Commission, no later than December 31, 1988, to transmit its report to the Secretary and to the appropriate congressional committees with a certification that it has identified all the military installations to be closed or realigned by reviewing all military installations inside the United States. Authorizes the Secretary to: (1) carry out appropriate action to implement any such closure or realignment; (2) provide appropriate economic adjustment and community planning assistance to communities affected by any such closure or realignment; (3) carry out appropriate activities for the purpose of environmental restoration; (4) sell or exchange any real property under the control of the Department of Defense and located at such an installation; and (5) deposit funds received from any such sale or exchange into the Department of Defense Base Closure Account. Outlines administrative procedures in connection with the sale or transfer of property in connection with a closure or realignment to a Federal, State, or local government entity. Requires the Secretary to include specified information concerning such closures or realignments as part of each annual request to the Congress for authorization of appropriations. Requires the Secretary to conduct a study of actions planned with respect to military installations outside the United States which may affect the recommendations of the Commission and to report the findings and conclusions to the Commission and to the appropriate committees of the Congress no later than September 15, 1988. Requires the Secretary to notify the Congress in writing when a decision is made to carry out a construction project to facilitate a closure or realignment and the amount required for such project is greater than the maximum amount for a minor construction project. Establishes in the Treasury the Department of Defense Base Closure Account and authorizes appropriations to be transferred to such Account. Requires the Secretary, no later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, to report to the appropriate congressional committees on the amount and nature of deposits into, and expenditures from, the Account during such fiscal year. Requires another report from the Secretary, no later than 60 days after the termination of the authority of the Secretary to carry out an alignment or closure under this Act, concerning funds used and remaining in such Account.

A bill to protect certain pensions and other benefits of veterans and survivors of veterans who are entitled to damages in the case of In re: "Agent Orange" Product Liability Litigation.

United States · United States Congress · 28 April 1988

Prohibits the Administrator of Veterans Affairs from taking into consideration any payment to any person pursuant to the settlement in the case of In re: "Agent Orange" Product Liability Litigation in determining: (1) eligibility to receive a veterans' pension; (2) the amount of any such pension; or (3) the amount of such person's attributable income for purposes of eligibility for certain medical benefits.

A bill to amend title 38, United States Code, to toll the time limitation for eligibility for and entitlement to educational assistance and training and rehabilitation services and assistance for any period during which the applicant suffers from alcoholism.

United States · United States Congress · 27 April 1988

Amends Federal veterans' benefits provisions concerning eligibility and entitlement under the All-Volunteer Educational Assistance program to provide that, for a veteran suffering from alcoholism, the ten-year delimiting period during which a veteran is entitled to such educational benefits shall not begin to run until such veteran has recovered from such alcoholism. Provides the same time limitation exception, with respect to a veteran suffering from alcoholism, in the case of a veteran's eligibility for the following benefits: (1) veterans' training and rehabilitation assistance for veterans with service-connected disabilities; (2) post-Vietnam Era veterans' educational assistance; (3) veterans' educational assistance; and (4) survivors' and dependents' educational assistance.

A resolution providing for the further consideration of the bill (H. R. 4264) to authorize appropriations for the fiscal year 1989 amended budget request for military functions of the Department of Defense and to prescribe military personnel levels for such Department for fiscal year 1989, to amend the National Defense Authorization Act of Fiscal Years 1988 and 1989, and for other purposes.

United States · United States Congress · 27 April 1988

Sets forth the rule for the further consideration of H.R. 4264 (armed forces funding).

A bill to prohibit operations by the Coast Guard in the Persian Gulf region.

United States · United States Congress · 26 April 1988

Prohibits the Secretary of the department in which the Coast Guard is operating, notwithstanding any other law, from authorizing the use of any resources of the Coast Guard to carry out activities in the Persian Gulf region, other than activities which were carried out during the one-year period ending April 26, 1988.

A bill to amend title 38, United States Code, to provide that the disease of transverse myelitis occuring in a veteran within seven years from the date of the veteran's discharge or release from active duty shall be considered to be service-connected.

United States · United States Congress · 26 April 1988

Provides that the disease of transverse myelitis occurring in a veteran within seven years from the date of the veteran's discharge or release from active duty shall be considered to be service-connected.

A joint resolution making emergency mandatory veterans supplemental appropriations for the fiscal year ending September 30, 1988.

United States · United States Congress · 26 April 1988

Appropriates funds for FY 1988 for: (1) the Veterans Administration Loan Guaranty Revolving Fund; and (2) veterans' readjustment benefits.

A resolution providing for the consideration of the bill (H.R. 4264) to authorize appropriations for the fiscal year 1989 amended budget request for military functions of the Department of Defense and to prescribe military personnel levels for such Department for fiscal year 1989, to amend the National Defense Authorization Act for fiscal years 1988 and 1989, and for other purposes.

United States · United States Congress · 25 April 1988

Sets forth the rule for the consideration of H.R. 4264 (armed forces funding).

Amended Military Construction Authorization Act, 1989

United States · United States Congress · 22 April 1988

Amended Military Construction Authorization Act, 1989 - Title I: 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 activities, and to improve existing military family housing units (waiving maximum amounts per unit in some locations) in specified amounts at specified installations. Authorizes appropriations to the Army for fiscal years beginning after FY 1988 for military construction projects, unspecified minor construction projects, architectural and engineering services and construction designs, and military family housing functions. Limits the total cost of construction projects authorized by this title. Extends the authorization for certain FY 1985, 1986, and 1987 military construction projects. Title II: 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 units, carry out architectural and engineering services and construction design activities, and improve existing military family housing units (waiving maximum amounts per unit in some locations) in specified amounts at specified installations. Authorizes appropriations for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions of the Department of the Navy. Limits the total cost of construction projects authorized by this title. Title III: 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, carry out architectural and engineering services and construction design activities and improve existing military family housing units (waiving maximum amounts per unit in some locations) in specified amounts at specified installations. Authorizes appropriations for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions of the Department of the Air Force. Limits the total cost of construction projects authorized by this title. Extends the authorization for certain prior-year military construction projects. Title IV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire three family housing units at classified locations for a specified amount, and to improve existing military family housing units in a specified amount. Authorizes the Secretary to contribute funds to the Government of the Netherlands for the U.S. share of the cost of a certain international education project in Brunssum, the Netherlands. Amends the Military Construction Authorization Act, 1987 to authorize the Secretary to carry out military construction projects not otherwise authorized by law for conforming storage facilities. Authorizes appropriations to the Department of Defense (DOD) for fiscal years beginning after FY 1988 for military construction, land acquisition, and military family housing functions. Limits the total cost of construction projects authorized by this title. Title V: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program, and authorizes appropriations to the Secretary for fiscal years after FY 1988 for such contributions. Title VI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after FY 1988 for acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve forces, in specified amounts. Title VII: Expiration of Authorizations; Effective Dates - Terminates all authorizations contained in titles I through V of this Act on October 1, 1990, or the date of enactment of the Military Construction Authorization Act for fiscal year 1991, whichever is later, with specified exceptions. Title VIII: General Provisions - Increases from 20 to 32 years the permissible length of long-term facilities contracts authorized to be entered into by the Secretary of the military department concerned. (Such contracts provide for the provision of ancillary services on or near a military installation.) Amends the Military Construction Authorization Act, 1984 to allow military rental housing program agreements to include provisions which allow for free utilities, trash collection, and entomological services to be provided for occupants of rental housing on Government land to the same extent that these services are provided to occupants of Government-owned housing. Exempts from all provisions of the Davis-Bacon Act contracts awarded by the Secretary or the Secretary of a military department estimated to cost $1,000,000 or less. Prohibits such contracts estimated to cost more than $1,000,000 from being split into two or more contracts in order to avoid the application of such Act. Authorizes the Secretary to take certain corrective action when it is determined that a contract has been divided for such purpose. Authorizes the Secretary of Defense to make grants or provide other appropriate community planning assistance required by a publicly-announced planned major reduction in DOD spending affecting the community, or by the encroachment of surrounding civilian community on an installation, if the Secretary determines that such assistance is necessary. Requires a planned reduction to involve the loss of at least 1,000 or more full-time DOD and contractor employee positions in a community during a five-year period in order to qualify for such assistance. Authorizes the Secretary to provide community planning assistance in specified amounts for communities located near newly-established Light Infantry Division Posts and Navy Strategic Dispersal Program homeports. Terminates such authority on September 30, 1991.

A bill to authorize appropriations for fiscal year 1989 and 1990 for civil defense programs.

United States · United States Congress · 22 April 1988

Authorizes appropriations for FY 1989 and 1990 for civil defense programs under the Federal Civil Defense Act of 1950.

Department of Defense Amended Budget Authorization Act, 1989

United States · United States Congress · 22 April 1988

Department of Defense Amended Budget Authorization Act, 1989 - Title I: Procurement - Authorizes appropriations to the Army, the Navy and Marine Corps, and the Air Force for FY 1989 for the following: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes appropriations to the defense agencies for FY 1989. Authorizes appropriations for FY 1989 for the destruction of lethal chemical weapons. Amends the Department of Defense Authorization Act, 1982 to add recognition of a recent Memorandum of Understanding and other follow-on support agreements to the authority provided to the Secretary of Defense in connection with the NATO Airborne Warning and Control Systems (AWACS) program. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1989 for the armed forces and the defense agencies for research, development, testing, and evaluation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1989 for operation and maintenance for the following: (1) the armed forces and the armed forces reserves; (2) the defense agencies; (3) the National Guard; (4) the National Board for the Promotion of Rifle Practice; (5) defense claims; (6) the Court of Military Appeals; and (7) environmental restoration, defense. Authorizes appropriations for FY 1989 for the working capital funds of the armed forces and the defense agencies. Title IV: Personnel Authorizations - Part A: Active Forces - Authorizes end strengths for active-duty forces for FY 1989. Part B: Reserve Forces - Authorizes end strengths for the reserve forces for FY 1989. Authorizes the Secretary of Defense to waive such end strengths by a specified percentage and requires such end strengths to be reduced in a specified manner. Authorizes end strengths for reserves on active duty in support of the reserves for FY 1989. Increases the number of members in certain grades authorized to be on active duty in support of the reserves. Authorizes average military training student loads for the armed forces, the reserves, and the National Guard for FY 1989. Requires the adjustment of such student loads consistent with the end strengths for active and reserve forces. Title V: General Provisions - Repeals the following: (1) the current Federal requirement for a separate budget request for the procurement of reserve equipment; (2) the current Federal requirement directing the Congress to authorize end strengths for civilian personnel of the Department of Defense (DOD) as of the end of each fiscal year; (3) a provision of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 which requires the gradual reduction in non-management headquarters activities and support activities; and (4) specified provisions of the National Defense Authorization Act for Fiscal Years 1988 and 1989 limiting certain funds to be authorized or appropriated during FY 1989, providing an indefinite limitation on funds for forward area air defense systems, and providing an indefinite limitation on funds for a nuclear warhead for the Army Tactical Missile System. Increases the authorized maximum annual limitation for cross-servicing agreements with allied countries (amounts used for the mutual defense of the United States and NATO countries). Exempts defense contracts estimated to cost $1,000,000 or less from the wage-rate threshold requirements of the Service Contract Act of 1965.

Veterans' Educational Assistance Improvements Act of 1988

United States · United States Congress · 21 April 1988

Veterans' Educational Assistance Improvements Act of 1988 - Title I: Educational Assistance and Vocational Rehabilitation Program Improvements - Amends Federal veterans' benefits provisions to make cooperative training benefits available both to veterans entitled to: (1) educational assistance under the Montgomery GI Bill active-duty educational assistance program; and (2) educational assistance under the post-Vietnam Era Educational Assistance program. Authorizes payment through the Veterans Administration (VA) for such training at 80 percent of the basic full-time monthly rate otherwise payable, with the member's educational assistance entitlement charged accordingly. Eliminates the reference to a high school equivalency certificate (as a requirement for eligibility for educational benefits under the Montgomery GI Bill), instead requiring that an individual have certain alternate school credentials accepted by the armed forces, pursuant to regulations promulgated by the Secretary of Defense, which are equivalent to a secondary school diploma. Provides that a person who receives an early discharge from service for a preexisting medical condition which the Administrator of Veterans Affairs determines is not service-connected and, as a result of such discharge or release, does not meet the length-of-service requirements for entitlement to educational assistance, shall be entitled to receive military pay equal to the entire amount of his or her military pay reduction previously taken for participation in such program, less any inservice educational assistance received before such release or discharge. Authorizes an individual who is eligible for educational assistance and who is separated from service prior to the completion of his or her four-year Selected Reserve obligation due to disability, hardship, or the convenience of the Government, to elect whether he or she wants to receive entitlement based on two years of active-duty obligation or to receive such entitlement based on four years of Selected Reserve duty. Authorizes the use of nonpay work training programs for veterans in State or local government agencies (currently, such veterans may only obtain such nonpay work training programs through Federal agencies), supported in whole or in part with Federal funding, to provide appropriate training or work experience for an eligible service-disabled veteran under the veterans' vocational rehabilitation program. Requires the VA to promulgate regulations to monitor and guard against abuse of such free resource by the employing agency and to ensure that such training is in the best interest of the veterans and the Federal Government. Limits the amount of educational assistance payable to a veteran under the post-Vietnam Era Veterans' Educational Assistance program when such veterans are incarcerated in a Federal, State, or local penal institution for conviction of a felony. Reduces such amount to the lesser of the amount otherwise payable or the established charges for tuition, fees, and necessary books, supplies, and equipment. Reduces such amount further to the extent tuition and fees are paid under other non-VA governmental programs. Title II: Administrative Provisions - Revises current Federal provisions which provide for the measurement of certain unit courses or subjects pursued by veterans toward a standard college degree to measure such course enrollment by converting the credit hours being pursued to equivalent clock hours, and combining this number with the actual number of clock hours concurrently pursued, if any, to determine appropriate training time to be credited to such veterans. Extends through December 31, 1993, the Veterans' Advisory Committee on Education. Amends various veterans' educational assistance provisions to permit eligible veterans to receive payment for the pursuit of remedial, refresher, or deficiency courses, with an appropriate charge to that individual's total educational assistance entitlement. Provides that certain individuals' entitlement to educational assistance will be computed from the date of first entry on active duty. (Currently, the entitlement period begins on the period after the individual's basic pay is reduced for such educational assistance.) Provides for a proportionate reduction in educational assistance entitlement in accordance with the reduction in monthly educational assistance allowance paid when a veteran pursuing an apprenticeship or other on-the-job training program fails to work at least 120 hours in a month. Provides the same proportionate reduction for educational assistance benefits under the post-Vietnam Era Educational Assistance program for failure to complete 120 hours of apprenticeship or other on-the-job training in a month. Requires the Assistant Secretary for Force Management and Personnel to be an ex officio member of the Commission to Assess Veterans' Education Policy.

Veterans Administration Multiyear Contracting Act of 1988

United States · United States Congress · 21 April 1988

Veterans Administration Multiyear Contracting Act of 1988 - Authorizes the Administrator of Veterans Affairs, subject to certain restrictions, to enter into a multiyear contract for the acquisition of supplies or services when: (1) appropriations are available and adequate for fixed obligations required for total payments under the full term of the contract or for payment for the first fiscal year plus cancellation costs; and (2) the Administrator determines that such a contract will reduce contract costs or achieve economics in administration, performance, and operation, that during the proposed contract period there will be a continuing or recurring and constant need for supplies or services, that the specifications for the supplies or services are stable and the technical risks are not excessive, and that such a contract will not inhibit small business bids. Specifies that a multiyear contract shall include: (1) a provision that the Veterans Administration's (VA) contract obligation during the second or any subsequent fiscal year is contingent on the appropriation of funds, if appropriations are not available to cover total contract payments; and (2) provision for the payment of a cancellation charge to compensate the contractor for any nonrecurring, unrecovered costs if the contract is canceled. Allows performance under the contract to be canceled if the amount of funds appropriated is insufficient to cover programs of the VA and all multiyear contracts. Provides for the payment of cancellation costs from: (1) appropriated funds which were originally available either for contract performance or for cancellation payments; or (2) current year funds available for contracting, if funds are not available from the original account. Allows amounts appropriated to finance cancellation costs to remain available until expended for outyear cancellation or contract costs.

Intelligence Authorization Act for Fiscal Year 1989

United States · United States Congress · 20 April 1988

Intelligence Authorization Act for Fiscal Year 1989 - Title I: Intelligence Activities - Authorizes appropriations for FY 1989 for intelligence and intelligence-related activities in specified departments and agencies of the Government, including the Central Intelligence Agency (CIA) and the Department of Defense (DOD). Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified Schedule of Authorizations prepared by the Committee of Conference to accompany specified legislation. Authorizes the Director of Central Intelligence to employ civilian personnel in excess of the ceiling for such personnel when necessary to the performance of important intelligence functions. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1989. Establishes an end strength ceiling of 244 full-time Intelligence Community Staff employees. Provides that such staff shall be administered in the same manner as the CIA. Title III: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1989. Title IV: Central Intelligence Agency Administrative Provisions - Allows the Director of Central Intelligence, during FY 1989, to grant appropriate relief to former CIA employees who unfairly had their CIA careers adversely affected as a result of allegations concerning their loyalty to the United States. Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to permit certain employees who are subject to the Central Intelligence Agency Retirement System to elect to become subject to the Federal Employees Retirement System (FERS). Title V: Defense Intelligence Commercial Entities - Allows the Secretary of Defense to authorize the establishment and operation of commercial entities to provide cover for DOD foreign intelligence collection activities. Sets forth procedures for the establishment, operation, funding, and oversight of such entities. Title VI: NSA/DIA Personnel Authorities Improvements - States that certain allowances received by National Security Agency (NSA) and Defense Intelligence Agency (DIA) personnel shall be excluded from gross income under the Internal Revenue Code. Title VII: FBI Enhanced Counterintelligence Authorities - Permits FBI access to consumer reports and Social Security information when such reports and information are sought in connection with an authorized foreign counterintelligence investigation. Title VIII: General Provisions - Permits appropriations authorized by this Act for employee benefits to be increased to meet increases in such benefits authorized by law.

DIC Rate Equity Act of 1988

United States · United States Congress · 20 April 1988

DIC Rate Equity Act of 1988 - Increases the rates of dependency and indemnity compensation payable to surviving spouses and children of veterans who have died from service-connected disabilities.

Public Shipyard Mobilization Act of 1988

United States · United States Congress · 19 April 1988

Public Shipyard Mobilization Act of 1988 - Directs the Secretary of the Navy to assign projects for the modernization, overhaul, repair, or maintenance of naval vessels to specified public shipyards as necessary to maintain the workforce, skills, facilities, tools, and equipment at such shipyards at the same levels as existed during FY 1988. Designates the following shipyards for projects: (1) Portsmouth, New Hampshire; (2) Philadelphia, Pennsylvania; (3) Portsmouth, Virginia; (4) Charleston, South Carolina; (5) Long Beach, California; (6) Vallejo, California; (7) Bremerton, Washington; and (8) Honolulu, Hawaii. Requires the Secretary to submit a report to the Congress describing plans for assigning such projects.

A concurrent resolution to recognize the vital contribution that United States Armed Forces personnel have made to promoting America's security interests in the Persian Gulf and to commend the President for dispatching these forces.

United States · United States Congress · 19 April 1988

Expresses the sense of the Congress that: (1) a negotiated settlement to the conflict in the Persian Gulf is in the best interests of all nations; (2) the President should be commended for his efforts to achieve a negotiated settlement and for his judicious decisions to deploy and utilize U.S. armed forces to secure U.S. interests in the region; (3) the U.S. armed forces personnel involved in that area should be congratulated and medals or other decorations should be awarded; and (4) all Americans should join in saluting these individuals.

Veterans' Administration Health Care Amendments Act of 1988

United States · United States Congress · 18 April 1988

Veterans' Administration Health Care Amendments Act of 1988 - Repeals current Federal veterans' provisions which: (1) prohibit the Administrator of Veterans Affairs from furnishing treatment and rehabilitation for alcohol or drug dependence or abuse disabilities of veterans after September 30, 1988; and (2) direct the Administrator to monitor the performance of each contract facility performing the above care and services for veterans for quality assurance and cost-effectiveness purposes. Extends through FY 1991 the Veterans Administration's (VA) authority to provide respite care services. Provides that the VA has the authority to pay for emergency medical services for veterans participating in a vocational rehabilitation program when the veteran cannot reasonably obtain medical care through VA or other Government facilities. Extends through FY 1994 the authority of the President to authorize the Administrator to contract with the Veterans Memorial Medical Center (VMMC) in the Republic of the Philippines to provide for payments for care in the VMMC for eligible U.S. veterans. Extends through FY 1994 the authority of the Administrator to make grants of up to $500,000 annually to the VMMC for education and training of health service personnel and for equipment upgrading and replacement. Increases the per diem rates to be paid to States for the care of veterans in State homes. Deletes the specific listing of professions eligible for the VA Health Professional Scholarship program, instead making eligible for such program any person engaged in a field of training or study in direct health-care services. Defines the period of obligated service for those newly included participants in the above scholarship program as starting after these participants have obtained the necessary licensure or credentials for VA employment. Prohibits any period of internship, residency, or advanced clinical training as being counted towards the newly-included participant's period of obligated service. Makes applicable to the newly-included occupations in the VA Health Professional Scholarship program the same requirements for the deferral of obligated service as those which apply to occupations specified currently under the program. Authorizes the Administrator to establish a tuition reimbursement program for VA nurses pursuing professional courses leading to a bachelor or an advanced degree in nursing. Authorizes the Administrator to issue regulations implementing such program. Sets forth the eligibility standards that applicants must meet in order to participate in such program. Provides conditions that a participant must meet in order to be entitled to reimbursement (i.e., remain employed with the VA while in the program, successfully completing the courses, and agreeing to the required period of obligated service). Outlines consequences for participants who fail either to complete the courses successfully or to maintain employment with the VA for the required period of obligated service. Empowers the VA to recover any reimbursements paid when the participant breaches the duty to perform the obligated service. Authorizes the Chief Medical Director of the VA to grant waivers of either the VA's right of recovery or the participant's obligation to perform service with the VA when the participant cannot comply due to circumstances beyond the participant's control, or whenever waiver would be in the best interest of the VA. Extends through FY 1992 the program for grants to States for the construction and acquisition of State home facilities for furnishing domiciliary and nursing home care and for the expansion, remodeling, and alteration of State home facilities used for furnishing hospital, domiciliary, and nursing home care. Extends through FY 1991 the date by which the VA must report to the Congress on its evaluation of the respite care program previously authorized under Federal law.

A bill amend title 38, sections 5002(d) and 5004(a)(4), United States Code, to raise the Veterans Administration's minor construction cost limitation from $2 million to $3 million and for other purposes.

United States · United States Congress · 18 April 1988

Requires the Administrator of Veterans Affairs to consider the sharing of health-care resources with the Department of Defense as an alternative to a major medical facility project (currently, a project expected to cost over $2,000,000). Revises the definition of a "major medical facility project" requiring congressional approval to increase the required expenditure from $2,000,000 to $3,000,000.

Veterans' Judicial Review Act

United States · United States Congress · 18 April 1988

Veterans' Judicial Review Act - Subjects the Veterans Administration's (VA) rulemaking procedures (with regard to any matter relating to loans, grants, or benefits) to the requirements of the Administrative Procedure Act. Provides for the judicial review of actions of the Administrator of Veterans Affairs in the U.S. Courts of Appeals. Revises provisions regarding payment of attorneys' fees in connection with a claim for benefits under laws administered by the VA to: (1) direct the Board of Veterans' Appeals (currently the Administrator) to approve reasonable attorneys' fees to be paid by the claimant to attorneys for representation before the VA; and (2) provide dollar limits for services rendered prior to the issuance of a notice of disagreement and for services in connection with a challenge to the validity of VA regulations. Authorizes a U.S. Court of Appeals, in a VA benefits matter resolved favorably to the claimant, to determine and allow a reasonable attorneys' fee to be paid by the claimant. Allows such court to determine the fee (not to exceed $750) in a case resolved unfavorably to the claimant. Authorizes such court to award reasonable attorneys' fees and court costs to the prevailing party. Directs the Administrator, to the extent that past-due benefits are awarded in proceedings before the VA, to direct that payment of attorneys' fees be made out of such past-due benefits. Repeals current Federal law requiring the Board of Veterans' Appeals to be bound in its decisions by regulations of the VA, instructions of the Administrator, and the precedent opinions of the chief law officer. Provides that when an appellant before the Board has challenged the validity of regulations of the VA involved in his or her case, he or she shall be afforded the right to have such challenges adjudicated and resolved by the Board, subject to review by the U.S. Court of Appeals. Allows the Administrator to appeal before the Court of Appeals for the Federal Circuit a Board decision that a regulation of the VA is invalid. Directs the reviewing court to hold unlawful and set aside regulations found to be: (1) contrary to constitutional right, power, privilege, or immunity; (2) in excess of statutory jurisdiction, authority, or limitations; or (3) resting upon a policy judgment, reasoning, or factual premise so unacceptable as to render the regulation arbitrary. Authorizes the Board to review the reasonableness of any arrangement for payment of attorneys' fees by a claimant during proceedings within the VA or before the Board and to reduce fees it finds excessive. Repeals a current Federal provision making the Board directly responsible to the Administrator. Requires the Chairman and Vice Chairman of the Board to be appointed by the President with the advice and consent of the Senate for a 15-year term. Provides that regular members of the Board shall be appointed by the Chairman with the approval of the President. (Under current law, the Chairman, Vice Chairman, and members are appointed by the Administrator with the President's approval.) Requires the Chairman (currently, the Administrator) to report to the Congress annually on the Board's activities. Prohibits Board members from receiving bonuses in addition to their regular salaries. Requires the Administrator to allocate sufficient resources to enable the Board to carry out its responsibilities.

Intelligence Authorization Act, Fiscal Year 1989

United States · United States Congress · 14 April 1988

Intelligence Authorization Act, Fiscal Year 1989 - Title I: Intelligence Activities - Authorizes appropriations for FY 1989 for intelligence and intelligence-related activities in specified departments and agencies of the Government, including the Central Intelligence Agency (CIA) and the Department of Defense (DOD). Places certain restrictions on the use of funds authorized to be appropriated by this Act with respect to: (1) the purchase of Guardrail RC-12K aircraft and sensor suites; and (2) foreign counterintelligence activities of the Federal Bureau of Investigation (FBI). Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified Schedule of Authorizations prepared by the Permanent Select Committee on Intelligence. Authorizes the Director of Central Intelligence to employ civilian personnel in excess of the ceiling for such personnel when necessary to the performance of important intelligence functions. Restricts support for military and paramilitary operations in Nicaragua. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1989. Establishes an end strength ceiling of 244 full-time Intelligence Community Staff employees. Provides that such staff shall be administered in the same manner as the CIA. Title III: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1989. Title IV: General Provisions - Provides that the authorization of appropriations by this Act shall not constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. Permits appropriations authorized by this Act for employee benefits to be increased to meet increases in such benefits authorized by law. Title V: Central Intelligence Agency Administrative Provisions - Allows the Director of Central Intelligence to grant appropriate relief to former CIA employees who have unfairly had their CIA careers adversely affected as a result of allegations concerning their loyalty to the United States. Requires the Director to submit reports to specified congressional committees regarding the use of such authority. Title VI: FBI Enhanced Counterintelligence Authorities - Requires the Directors of the FBI and the Office of Personnel Management to conduct a demonstration project on the effect of providing payments to personnel upon directed assignment to the New York Field Division from another geographical location (and to New York Field Division employees who are subject to directed geographical transfer or reassignment) on the recruitment and retention of personnel and on field operations in the New York Field Division of the FBI. Requires the Directors to submit annual reports to the President and the Congress concerning the results of such project. Title VII: Department of Defense - Allows the Secretary of Defense, with certain restrictions, to use funds other than appropriated funds for foreign cryptologic support. Establishes the position of Assistant Secretary of Defense for Intelligence, who shall be responsible for the overall supervision of intelligence and intelligence-related activities of the DOD.

A bill to amend the Demonstration Cities Metropolitan Development Act of 1966 to provide relocation assistance to certain persons affected by closures of Coast Guard bases and installations.

United States · United States Congress · 14 April 1988

Amends the Demonstration Cities Metropolitan Development Act of 1966 to direct the Secretary of Defense to provide assistance, under provisions relating to acquisition of certain residential property at or near military bases which have been ordered to be closed, to certain Federal employees or military personnel with respect to Coast Guard bases and installations ordered to be closed, in whole or in part, after January 1, 1987. Directs the Secretary of the department in which the Coast Guard is operating to reimburse the Secretary of Defense for expenditures under this Act. Directs both Secretaries to enter into an agreement regarding the reimbursement.

Henry F. Cooper, of Virginia, for the rank of Ambassador during his tenure of service as United States Negotiator for Defense and Space Arms.

United States · United States Senate · 13 April 1988