National Defense Authorization Act for Fiscal Years 1990 and 1991

Summary

Department of Defense Authorization Act for Fiscal Years 1990 and 1991 - Title I: Procurement - Part A: Funding Authorizations - Authorizes appropriations for FY 1990 and 1991 to the Army, Navy and Marine Corps, and Air Force for: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes appropriations for FY 1990 and 1991 for: (1) procurement for the defense agencies; and (2) the chemical demilitarization program. Specifies weapons programs for which the Secretary of the military department concerned may and may not use funds appropriated for FY 1990 and 1991 to enter into multiyear procurement contracts for specified defense procurement programs. Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to reduce or increase various defense procurement program authorizations under such Act. Part B: Program Requirements, Restrictions, and Limitations - Places funding restrictions or limitations on the following programs: (1) the M-1 tank; (2) ten-ton trucks; and (3) procurement of V-22 aircraft. Part C: Strategic Program Test and Reporting Requirements - Earmarks specified FY 1990 funds for the procurement of missiles for the Trident II missile program. Directs the Secretary of Defense, during FY 1990 and 1991, to develop a program and plan for a defense avionics test and evaluation program in connection with the proposed modifications of the B-1B aircraft. Requires the Secretary to report to the Senate and House Armed Services Committees (the defense committees) concerning such plan. Outlines provisions relating to the availability of funds for modifications to such aircraft and requirements for bimonthly status reports on such aircraft and an independent assessment of the capabilities of such aircraft by a panel of experts appoined by the Secretary. Outlines certain flight test and other requirements to be satisfied before such funding is authorized for the B-2 bomber program, including an assessment of such aircraft by the Low-Observables Panel of the Defense Science Board. Requires the Secretary to certify annually to the Congress that the cost of such bomber program does not exceed specified amounts. Requires the Secretary to report to the defense committees concerning the correction of deficiencies clauses in B-2 aircraft procurement contracts. Sets forth certain testing and certification requirements to be satisfied before funding will be authorized in FY 1990 for the procurement of advanced cruise missiles. Part D: Program Terminations - Terminates the following programs, with specified exceptions: (1) the F-14 aircraft, after FY 1989; (2) the AH-64 helicopter, after FY 1991; (3) the AHIP Scout helicopter, after FY 1989; (4) the F-15E aircraft, after October 1, 1991; and (5) the M88A2 recovery vehicle, after FY 1989. Part E: Miscellaneous Provisions - Repeals the procurement requirement and limitation of funds for the Heavy Expanded Mobility Tactical Truck. Requires the Secretary of the Navy to report to specified congressional committees on current and projected Navy aircraft requirements. Authorizes the Secretary of the Air Force to enter into contracts with U.S. citizens which allow such citizens to include or incorporate in their aircraft defense features which will ensure the interoperability of such aircraft with the Department of Defense (DOD) airlift system. Outlines contract terms and conditions. Title II: Research, Development, Test, and Evaluation - Part A: Authorizations and Funding for Specific Programs - Authorizes appropriations for FY 1990 and 1991 for research, development, test, and evaluation (R&D funds) for the armed forces and the defense agencies. Part B: Program Requirements, Restrictions, and Limitations - Earmarks specified R&D funds for research and development under the Balanced Technology Initiative program. Outlines administrative provisions concerning such funds. Requires the Secretary to report to certain congressional committees specified information concerning the Initiative. Authorizes the Secretary, in carrying out advanced research projects through the Defense Advanced Research Project Agency, to enter into cooperative agreements and other transactions with any Federal, State, local, educational, or other entity. Requires the Secretary to report annually to the defense committees on any such agreements entered into during the prior fiscal year. Provides FY 1990 and 1991 funding for such cooperative agreements program. Authorizes the Secretary to use procedures other than competitive procedures in awarding grants to colleges and universities for the conduct of research and development. Requires the Secretary to report semiannually to the defense committees on the use of competitive procedures for R&D contracts with colleges and universities. Earmarks specified R&D funds for: (1) the integrated electric drive program; (2) the fast sealift technology development program; (3) the tactical oceanography program; (4) biodegradable materials research; and (5) the chemical weapons monitoring program. Prohibits any such funding from being used for Navy ship design. Increases by six months the time in which the Secretary must select a heavy truck system configured with a palletized loading system. Part C: Strategic Defense Initiative - Earmarks specified R&D funds for the Strategic Defense Initiative (SDI). Specifies an amount to be used solely in connection with the construction of the National Test Bed project. Requires the Secretary to report to certain congressional committees on the allocation of funds appropriated for SDI for FY 1990. Requires the Secretary to submit annual reports to the Congress on the programs and projects that constitute SDI and on any other program or project relating to defense against ballistic missiles. Places specified limitations on the development and testing of anti-ballistic missile systems or components. Earmarks specified FY 1990 and 1991 R&D funds for support of the medical free electron laser program. Directs the Secretary, in coordination with the Central Intelligence Agency, to report to the Congress on the asymmetry in U.S. and Soviet near-term capabilities to deploy anti-ballistic missile defenses beyond those permitted under the 1972 ABM Treaty. Part D: Strategic Programs - Earmarks specified FY 1990 and 1991 R&D funds for the Trident II missile program. Directs the Secretary of the Air Force to transfer specified R&D funds to fund priority security improvements at the Kwajalein Test Range, on Kwajalein Island. Amends the Goldwater-Nichols Department of Defense Reorganization Act of 1986 to restore certain reporting requirements under such Act relating to chemical and biological warfare agents. Part E: Allied Cooperative Research and Development - Authorizes the Secretary of Defense to enter into a memorandum of understanding (or other formal agreement) with one or more major allies of the United States for the purpose of conducting cooperative research and development projects on defense equipment and munitions. Outlines certain restrictions to be followed by the Secretary under such program. Directs the Under Secretary of Defense for Acquisition to prepare a formal arms cooperation opportunities document for review by the Defense Acquisition Board at its formal meetings. Requires the Under Secretary to report to certain congressional committees describing the purpose, status, funding, and schedules of cooperative agreements carried out under this provision. Requires the Secretary of Defense and the Secretary of State, whenever they consider it necessary, to report to certain committees enumerating those countries to be added to or deleted from the list designated as major non-NATO allies for purposes of this section. Expresses the sense of the Congress that DOD should perform more side-by-side testing of conventional defense equipment manufactured by the United States and other member nations of NATO. Authorizes the Deputy Director of Defense Research and Engineering to acquire specified items for such testing. Requires the Deputy Director to report to certain congressional committees concerning funding and systems and munitions evaluated under such testing program. Repeals specified inconsistent provisions of prior defense authorization acts. Title III: Operation and Maintenance - Part A: Authorization of Appropriations - Authorizes appropriations for FY 1990 and 1991 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserves, the National Guard, the National Board for the Promotion of Rifle Practice, the Court of Military Appeals, environmental restoration, the Goodwill Games (FY 1990 only), and for humanitarian assistance. Authorizes appropriations for unbudgeted increases in fuel costs and for unbudgeted increases as the result of inflation. Authorizes appropriations for FY 1990 and 1991 for working capital funds for the armed forces and the defense agencies. Authorizes appropriations for FY 1990 and 1991 for the Department of Defense Base Closure Account. States as the purpose of the humanitarian assistance program to provide transportation and humanitarian relief for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Authorizes the Secretary to transfer funds to the Secretary of State for the purpose of providing such assistance. Requires transportation for such assistance, using the most economical means possible, to be under the direction of the Secretary of State. Requires reports concerning the provision of such assistance. Repeals prior reporting requirements. Part B: Limitations - Repeals a provision of the National Defense Authorization Act for Fiscal Years 1988 and 1989 which limits the use of operation and maintenance funds for the purchase of investment items. Prohibits the Secretary of the Navy from entering into a contract which would provide or permit joint use of the Marine Corps Air Station, El Toro, California, with civil aviation. Part C: Base Closure and Realignment Matters - Requires the Comptroller General to report to the Secretary and the defense committees on the methodology, findings, and recommendations of the Commission on Base Realignment and Closure. Requires the Secretary to report to the defense committees on the environmental contamination at the Jefferson Proving Ground, Indiana, resulting from activities of DOD. Part D: Miscellaneous Reporting Requirements - Sets forth reporting requirements concerning: (1) military utilization of the inland navigation system; (2) long-range environmental challenges and goals of DOD; (3) the readiness of the armed forces in terms of manpower, mobility, sustainability, and equipment; and (4) the feasibility of restoring to the Secretary the responsibility for the administration of impact aid for schools affected by DOD activities. Part E: Miscellaneous Provisions - Revises a provision of the National Defense Authorization Act, Fiscal Year 1989 concerning authorized uses of first-year energy cost savings from incentives implemented by DOD. Requires the amount of such energy cost savings to be determined by the Secretary of the military department concerned at the end of each of the first five years (currently, only at the end of the first year). Authorizes the Secretary of the Army to purchase a railroad structure and temporary right-of-way for rail line in Nevada for use in connection with the operation of the Hawthorne Army Ammunition Plant, Nevada. Requires the Secretary to formulate and carry out a program to reduce the unnecessary release of chlorofluorocarbons (CFCs) and halons into the atmosphere in connection with maintenance operations and training and testing practices of DOD. Outlines report requirements in connection with such program. Requires the Secretary to appoint a CFC Advisory Committee to study the use of CFCs by DOD and by contractors in the performance of contracts for DOD and the cost and feasibility of using alternative compounds and technologies in lieu of CFCs. Outlines reporting requirements. Authorizes the Secretary of the Army to enter into a long-term lease for the provision of air transportation at Kwajalein Atoll, Republic of the Marshall Islands, under specified conditions. Title IV: Military Personnel Authorizations For Fiscal Years 1990 and 1991 - Part A: Active Forces - Authorizes end strengths for active-duty forces for FY 1990 and 1991. Prohibits the Secretary from reducing the number of active Army ground combat bridgades assigned to the 4th Infantry Division (Mechanized) before December 1, 1990. Allows Army end strengths to be increased in order to maintain such prohibition. Reduces, temporarily, the number of colonels authorized for active duty for FY 1991. Part B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1990 and 1991. Authorizes end strength reductions for the Selected Reserve components of the armed forces for each such fiscal year, as prescribed. Authorizes increases for each such fiscal year in the number of certain personnel authorized to be on active duty in support of the reserve forces. Reallocates the positions of two naval reserve officers serving in medical profession capacities. Part C: Military Training - Authorizes the average military training student loads for FY 1990 and 1991. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act. Part D: Civilian Personnel - Repeals current Federal provisions concerning management constraints for DOD civilian personnel. Authorizes the Secretary concerned to accept voluntary services from an individual for work in a natural resources program. Title V: Military Personnel - Part A: Matters Affecting the Reserve Components - Authorizes a person with no prior military service who is qualified for active-duty enlistment in the armed forces (regular) to be enlisted as a member of the reserves under a delayed entry program. Allows such person to be enlisted in a regular component of the armed forces within 365 days after enlistment in the reserves. Exempts members of the delayed entry program from otherwise-applicable Ready Reserve training requirements. Prohibits the period of enlisted service under the delayed entry program from being counted as part of the years of service for the computation of the basic pay of a member. Authorizes the Secretary to order a member of the Ready Reserve to muster duty one time each year without his or her consent. Authorizes a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve to be entitled to an allowance for such muster duty if engaged in such duty for at least two hours. Repeals a provision of Federal law which allows a uniform and equipment reimbursement monthly for a reserve officer of the armed forces who has not become entitled to a uniform reimbursement or allowance as an officer for the preceding four years. Extends through FY 1992 certain expiring authorities relating to the reserves. Authorizes the payment of special pay for an enlisted member who is assigned to a high priority unit of the Selected Reserve and who performs inactive duty for training with such unit. Terminates such special assignment pay after FY 1991. Requires the Secretary to report to the defense committees on the administration of such special pay program. Part B: Health Care Matters - Prohibits the Secretary, during FY 1990 and 1991, from charging for the receipt of outpatient medical or dental care at a military treatment facility. Revises a provision concerning the limitation on payments made to noninstitutional health-care providers by the Secretary concerned under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Authorizes the Secretary to increase the maximum amount of such payments whenever the Secretary of Health and Human Services increases the amount payable to providers of services under part B of title XVIII (Medicare) of the Social Security Act. Authorizes the Secretary to require a private health-care provider which is also a health-care provider under CHAMPUS to provide such care under the same rules applicable under such program. Authorizes the provision of specialized training as another benefit under the Armed Forces Health Professions Scholarship Program. Allows a person participating in such specialized training, in addition to receiving a stipend under such Program, to be paid an annual grant of $15,000. Requires a pro rata refund of such grant amount from a person who voluntarily terminates the Program's specialized training. Expands the type of loans qualifying for repayment by the Secretary concerned for health professions who serve in the Selected Reserve as part of such loan repayment agreement, including any loan which was used to finance basic or advanced health professions education. Makes all members of the Ready Reserve (currently, only members of the Selected Reserve) eligible for such loan repayments and increases the yearly and total amount of such repayments. Repeals the current October 1, 1990, date for the termination of such loan repayments. Revises the deadline for the use of diagnosis-related groups for outpatient treatment. Increases from 67 to 68 the deferment age for retirement for regular commissioned officers of the armed forces. Part C: Personnel Management - States the conditions under which the President may vacate a promotion to the grade of major through general and lieutenant commander through rear admiral. Directs the Secretary to reduce by the end of FY 1992 the number of nonoperational flying duty positions in the armed forces by five percent. Prohibits any increase in the number of such positions after FY 1991. Outlines the minimum service requirement for certain flight crew positions. Requires the Comptroller General to conduct a study, and report to the defense committees, on the aviator assignment policies and practices of the armed forces. Part D: Total Force Policy - Directs the Secretary to convene a study group to review the operation and soundness of the Total Force Policy (the force mix in each of the military departments) of DOD and to make recommendations for the improvement of such Policy. Requires the Secretary to report the study group's results to the defense committees. Part E: Miscellaneous - Increases the service obligations for graduates of: (1) the Uniformed Services University of the Health Sciences; and (2) the service academies. Revises the composition and term of members of the U.S. Court of Military Appeals. Revises provisions concerning: (1) the removal of judges from such Court; (2) incapacity of such judges; (3) service and pay of a senior judge of such Court; (4) the appointment and civil service status of legal staff of the Court; (5) retirement of judges of the Court; and (6) appellate review procedures of action taken by the Judge Advocate General under provisions of the Uniform Code of Military Justice. Directs the President to prescribe procedures for the investigation and disposition of charges, allegations, and information pertaining to the fitness of a military judge or military appellate judge to perform the duties of office. Requires such procedures to be transmitted to the defense committees. Makes permanent the authority to make temporary promotions of certain Navy lieutenants. Extends through October 1,1992, the authority for a test program for the reimbursement to members of the armed forces of qualifying adoption expenses. Authorizes the Secretary concerned to require each applicant for enlistment or appointment to undergo drug and alcohol abuse testing before becoming a member of the armed forces. Authorizes the Secretary concerned to correct the military records of promotion of enlisted members if the Secretary considers such action necessary to correct an error or injustice. Provides members of the National Guard, Reserves, retired military personnel, and civilian employees of DOD with the same relief from expenses incurred because of an error in the mandatory direct deposit of pay. Provides for the awarding of the degree of Master of Arts in Leader Development. Authorizes the Secretary to provide transportation to the next-of-kin of members of the armed forces who have been prisoners of war or missing in action as a result of service during the Vietnam era in order to attend an annual meeting of such families. Revises certain procedures regarding the solicitation and award of contracts for postsecondary education services for members of the armed forces, civilian DOD employees, or the dependents of such members and employees. Authorizes the Secretary of the Navy to employ civilian faculty at the United States Marine Corps University. Authorizes the Secretary of the Air Force to enter into contracts providing for the production and commercial sale of a certain recording made by the Cincinnati Pops Orchestra and the U.S. Air Force Singing Sergeants. Title VI: Compensation and Other Personnel Benefits - Part A: Pay and Allowances - Waives the automatic adjustment authorized for military pay consistent with yearly increases in the GS Schedule of the Federal Government, authorizing instead a 3.6 percent increase in the rates of basic pay, basic allowance for quarters, and basic allowance for subsistence. Increases cadet and midshipman pay. Makes each such increase effective as of January 1, 1990. Part B: Incentive Pay - Increases the flying duties required for an aviation officer to be entitled to aviation career incentive pay. Requires the President to increase such incentive pay by the percentage of any increase in basic pay. Authorizes the Secretary concerned to delay implementation of such increased flying duty when necessary to meet the needs of his department. Extends through FY 1992 the aviation retention bonus program. Outlines certain reporting requirements under such program and limits the total obligations permitted for the Navy and Air Force during FY 1990 for the payment of such bonuses. Increases the special pay for medical officers in the armed forces. Extends through FY 1990 the medical officer retention bonus program. Terminates such authority if a certain report is not made by a specified date. Provides for the payment of special pay in the form of an accession bonus for registered nurses who agree within a specified period to accept a commission and perform duty as a registered nurse in the armed forces for not less than four years. Outlines certain limitations and conditions under such program. Provides a nurse officer candidate accession bonus for individuals who execute a written agreement to accept an appointment as a nurse officer after completion of two years of a degree program in nursing and while enrolled as a full-time student in a nursing program in an institution that does not have a Senior Reserve Officers' Training Program. Outlines agreement terms. Requires a pro rata refund of any bonus paid when an individual fails to complete either the required period of education or the required period of military service after the completion of such education. Authorizes the payment of special incentive pay for nurse anesthetists who execute a written agreement to remain on active duty for at least one year after their initial required period of duty. Outlines terms of such bonus pay. Requires refunds on a pro rata basis for agreed-upon time not successfully served. Requires the Secretary to report to the defense committees on the use of certified registered nurse anesthetists by the military departments. Increases: (1) the special pay for reserve medical officers; and (2) the length and amount of the Selected Reserve reenlistment bonus program. Extends certain enlistment and reenlistment bonus authorities for reserve forces. Extends the bonus authority for certain nuclear career officer bonus programs. Part C: Travel and Transportation - Authorizes a travel and transportation allowance for a member of the armed forces who is assigned to permanent duty aboard a ship that is undergoing construction away from the designated home port or away from the area where the dependents of the member are residing. Outlines terms and conditions for such allowance. Authorizes reimbursement for parking fees, ferry fares, and tolls for any member of the armed forces entitled to general travel and transportation allowances. Authorizes student travel allowances for dependents of members stationed outside the continental United States. Prohibits such allowance for dependents of members permanently stationed in Alaska or Hawaii for a child attending a school in the State of the permanent duty station. Part D: Survivors Benefit Program - Revises the reduction in retired pay for participants in the Survivor Benefit Plan. Differentiates, in the level premium to be paid each month by participants in the Plan, as to whether the annuity being provided is a standard or reserve-component annuity and whether the person becomes an active participant in the Plan before or after the effective date of the Military Survivor Benefit Improvement Act of 1989. Directs the Secretary of the military department concerned to carry out a program, to be known as the Supplemental Survivor Benefit Plan (SSBP), which would enable participants in the Survivor Benefit Plan (SBP) who are providing coverage for a spouse or former spouse beneficiary under the SBP to also provide a supplemental annuity for that spouse or former spouse beginning when the participant dies or when the spouse or former spouse becomes 62 years of age, whichever is later, in order to offset the effects of the two-tier annuity computation under the SBP. Outlines the following administrative provisions concerning the SSBP: (1) commencement of annuity; (2) the amount of such annuity for the beneficiary of a person providing the standard or the reserve-component annuity under the SBP (the latter annuity further defined by whether or not the beneficiary under the SSBP is initially under 62 years of age at the commencement of the annuity); and (3) adjustments in such annuities required by periodic adjustments in the cost-of-living index. Terminates a SSBP annuity when the beneficiary dies or otherwise becomes ineligible to continue to receive an annuity under the original SBP. Allows a person who provides an annuity for a spouse or former spouse under the SBP to elect to provide a supplemental spouse annuity under these provisions. Requires a person providing a supplemental spouse annuity to be a participant in the SBP in order to cover a spouse or former spouse under the SSBP. Requires such election to be voluntary. Allows a person to make such an election only if the beneficiary of such person's annuity is not currently computed under the determination of spouse or former spouse beneficiary annuity under the SBP. Allows a person who anticipates becoming a participant in the SBP who has a spouse or former spouse to elect to provide a supplemental spouse annuity under the SSBP. Outlines conditions and requirements for such an anticipatory election. Requires a person to actually provide a spouse or former spouse annuity under the SBP in order to provide a supplemental spouse annuity under the SSBP. Allows a person who elects to provide SBP coverage for a former spouse after having been an SBP participant without coverage for that former spouse to also provide a supplemental spouse annuity for such former spouse under the SSBP. Requires notice to a current spouse of a person providing coverage under the SBP and the SSBP to a former spouse. Provides for irrevocability after a specified period of time of the election to provide SSBP coverage under both a standard annuity and a reserve-component annuity. Authorizes provision of a supplemental spouse annuity under the above provisions by a person who is a participant in the SBP and is providing coverage for a spouse (or spouse and child) but is not a participant in the SSBP, who does not have an eligible spouse under that Plan, and who remarries, thereby allowing such person to elect to provide such coverage for the former spouse. Requires the person to be under the SBP in order to make the election for such coverage under the SSBP. Outlines conditions for such an election. Outlines administrative guidelines to be followed: (1) when there is a change of a former spouse beneficiary under the SBP to a current spouse or child beneficiary under the SBP; and (2) upon reinstatement of an SSBP annuity after discontinuance of an SBP annuity and reinstatement of such annuity. Requires a person who elects to provide a SSBP annuity to a former spouse to provide the Secretary concerned with a written statement as to whether the election being made is pursuant to a written agreement incident to a divorce, dissolution, or annulment that has been incorporated in, or ratified or approved by, a court order. Outlines administrative provisions concerning the enforcement of such voluntary written agreements ratified by a court order. Provides a time limit for the making of such an election of one year after the date of the court order or filing involved. Directs the retired pay of a person electing to provide a supplemental spouse annuity under the above provisions to be reduced each month as required under prescribed regulations. Outlines considerations for the determination of such regulations by the Secretary of Defense. Prohibits any reduction during any month in which there is no eligible spouse or former spouse beneficiary. Requires the amount of the reduction to be adjusted whenever there is an adjustment to the reduction in retired pay for beneficiary coverage under the original SBP. Directs the President to prescribe regulations to implement the SSBP. Revises the annuity computation for the survivors of certain retirement-eligible officers who die while on active duty, making such an officer's retired pay rate the rate of pay applicable at the time of death. Defines those persons eligible for such recomputation. Authorizes an eligible retired or former member of the armed forces to participate in the SBP during an open enrollment period. Allows such person, at the same time, to also elect to participate in the SSBP. Defines as eligible a person who on the day before the first day of the open enrollment period is not a participant in the SBP and is either entitled to retired pay or would be so entitled but for the fact that such member or former member is under 60 years of age (for reserve members or former members). Allows a person who is a participant in the SBP but not at the maximum base amount while providing coverage for a dependent child but not for a spouse or former spouse to: (1) elect to participate in the SBP at a higher amount; or (2) elect to provide an annuity under the SBP for a spouse or former spouse. Authorizes current SBP participants to elect to participate in the SSBP during the open enrollment period. Outlines those persons eligible to make such an election and sets limitations on eligibility for certain SBP participants not affected by the two-tier annuity computation (a computation that differentiates in the annuity amount depending on whether the annuitant has attained the age of 65). Requires any SSBP election to be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Defines the open enrollment period as the one-year period beginning on the effective date of the Military Survivor Benefit Improvement Act of 1989. States that if a person dies before the end of a two-year period after making such an election, the election is void and the amount of reduction in retired pay taken as a result of such election shall be paid in a lump sum to the person's beneficiary under the SBP. Part E: Miscellaneous - Increases the educational assistance allowance for persons in the armed forces with a critical skill or specialty. Authorizes the use of funds appropriated to DOD to pay for student meals provided by DOD overseas dependents' schools. Outlines limits to such authority. Authorizes a reduction in the rates for meals sold in military dining facilities if the Secretary concerned determines that such rate reduction is in the best interest of the United States. Authorizes the Secretary of Defense to pay a uniform allowance for any civilian DOD employee required to wear a prescribed uniform for the performance of official duties. Directs the Secretary to report to the defense committees a legislative proposal for an accidental death insurance plan for aviators serving on active duty. Expresses the sense of the Congress that the President should: (1) establish a commission to study the reasons for shortages of qualified aviators in both the armed forces and in the commercial airline industry and the means for eliminating such shortages; (2) include representatives from both the commercial airline industry and the armed forces on such commission; and (3) appoint members to such commission no later than February 15, 1990. Requires the commission to report the results of its study to the President and the Congress no later than March 1, 1991, together with recommendations. Title VII: Department of Defense Management Matters - Requires the Secretary to report to the Congress regarding actions taken and to be taken by the Secretary to implement a report from the Secretary to the President concerning defense management. Earmarks specified funds appropriated to DOD for FY 1990 for the estabishment of a fund under the management of the Chairman of the Joint Chiefs of Staff to cover specified expenses of a unified or specified combatant command in performing its various duties and functions. Amends the National Defense Authorization Act, Fiscal Year 1989 to reduce the period before termination of a limitation on the alert status of any Air National Guard unit to 30 days after a certain report on the subject is transmitted to the Congress by the Secretary (currently, 180 days after such report). Establishes the position of Comptroller of DOD at level III of the Executive Schedule. Establishes the positions of the General Counsels of the military departments and the Assistant Secretary of Executive Schedule. Title VIII: Acquisition Policy and Management - Part A: Defense Industrial and Technology Base - Requires the Director of the Office of Science and Technology Policy to establish a panel of experts in advanced technology to prepare and submit to the President a report identifying the product technologies and process technologies most essential to develop in order to assure the long-term national security and economic prosperity of the United States. Authorizes the Secretary of Defense to enter into agreements with specified entities for reserach and development identified in the report as essential. Requires the Secretary to submit to the defense committees a plan for developing the technologies considered by the Secretary and the Secretary of Energy to be the technologies most critical to ensure the long-term qualitative superiority of U.S. weapons systems. Directs the Under Secretary of Defense for Acquisition to report to the defense committees on actions taken toward the improvement of the defense industrial base of the United States. Requires the Under Secretary to analyze the ability of the defense industrial base to fulfill the national security needs of the United States. Requires the Secretary of Defense, in the negotiation of any memorandum of understanding between the United States and one or more foreign countries relating to research, development, or production of defense equipment, to regularly solicit comments and recommendations from the Secretary of Commerce with respect to the commercial implications of such memoranda on the international competitive position of U.S. industry. Outlines memorandum review requirements and other limitations. Requires the Secretary of Defense, in the negotiation of such memorandum relating to the reciprocal procurement of defense equipment and supplies or research and development, to make every effort to achieve an agreement with the country concerned that would limit the adverse effects that offset arrangements have on the defense industrial base of the United States. Part B: Acquisition Policy Initiatives - Changes the title of senior procurement executive to senior service acquisition executive, for purposes of the defense acquisition process. Adds the concept demonstration validation stage as one of the stages to be considered for milestone authorizations within defense enterprise programs. Requires the Secretary to report to the defense committees a discussion of all regulatory reform actions taken or planned by DOD on the basis of experience under the defense enterprise programs. Directs the Secretary to prescribe regulations governing the acquisition of commercial products. Outlines provisions, regarding such acquisition, relating to contract and subcontract clauses, modified inspection clauses and warranties, cost and pricing data requirements, the training of contract officers in the acquisition of nondevelopmental items, and encouraging the acquisition of nondevelopmental items. Directs the Secretary to implement such regulations and contract clauses within 270 days after enactment of this Act. Directs the Secretary to prescribe a single, uniform regulation for DOD regarding dissemination of, and access to, acquisition information. Directs the Secretary to conduct a test program for the use of simplified procedures in the competitive awarding of a DOD contract for the procurement of property or services on the basis of design or technical quality factors. Outlines conditions under which the Secretary of a military department or a defense agency head may award a contract for the procurement of such services, as well as conditions under which such Secretary or agency head may award a contract for the procurement of commercial products under the test program. Outlines the length of the test program. Requires the Secretary to report to the defense committees on the test program. Revises Federal provisions concerning unit cost reports contained in Selected Acquisition Reports relating to defense procurement contracts as managed by program managers for major defense acquisition programs. Requires the service acquisition executive (currently, the Secretary concerned) to receive and tabulate information from such unit cost reports and Selected Acquisition Reports. Requires the Secretary concerned to take certain steps when the current program acquisition unit costs have increased by more than 15 percent with regard to a major defense acquisition program. Requires notification to the Congress when such increases exceed 25 percent. Requires justification by a specified senior procurement executive for a defense procurement contract for between $10,000,000 and $50,000,000 to be awarded without the use of competitive procedures. Limits the positions to which justification authority may be delegated. Requires the Director of Operational Test and Evaluation to ensure that a contractor does not assist in the test and evaluation of a weapons system if the contractor participated in the development, production, or testing of such weapon for any military department or defense agency unless the Director determines that sufficient steps have been taken to ensure the impartiality of the contractor in providing such assistance. Requires the Secretary to conduct a test program under which the Secretaries of the military departments and the heads of the defense agencies may enter into master agreements for the procurement of advisory and assistance services. Outlines provisions concerning the scope of the program, the contents and awarding of the master agreements, the orders for specific advisory or assistance services, publication of notice, and limitations with respect to the commencement and termination of the test program. Directs the Secretary to establish a test program under which one contracting activity in each military department and defense agency is authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of the small business subcontracting opportunities provided for small businesses under DOD contracts. Outlines administrative provisions, including contents for small business subcontracting plans. Requires the Secretary to report to the defense and small business committees on the results of the test program. Revises provisions of the Small Business Act with regard to the requirement of a determination of responsibility of a small business to the Small Business Administration when a proposed contract is of a limited amount. Requires the Secretary to ensure that the DOD quality assurance program is managed in a manner that will result in the production of the highest quality weapon systems, both at the initial acquisition stage and during repair and maintenance of fielded weapon systems. Outlines the structure of such program. Extends through FY 1991 the authorization of appropriations for the procurement technical assistance cooperative agreement program. Provides certain funding limitations with respect to such assistance in the case of programs operated within one or more service areas of the Bureau of Indian Affairs. Part C: Acquisition Workforce - Requires, within two years after the date of enactment of this section, the Secretary of: (1) Defense to develop and implement four alternative personnel management demonstration programs within DOD; and (2) Energy to develop and implement one such demonstration program for the national security programs of the Department of Energy. Requires each Secretary to provide for the development and testing of an alternative employee compensation system in each demonstration project so conducted. Requires certain action to be taken if a demonstration program involves a collective bargaining system. Outlines further administrative provisions concerning program costs, participation requirements, and consultation with the Director of the Office of Personnel Management with regard to the development and implementation of such plans. Requires the Secretary concerned to notify the Congress and employees concerned regarding the impending implementation of such plans. Directs the Comptroller General to review each plan and make certain reports and recommendations regarding such plans. Provides conditions under which such plans shall or may be terminated. Requires notification to covered employees of any plan termination. Authorizes the Secretary of Defense to prescribe the rates of pay for up to 500 positions designated by the Secretary as critical. Directs the Secretary to prescribe regulations to govern discussions of future employment opportunities of employees of DOD (post-employment restrictions). Outlines provisions concerning: (1) authorized discussions of possible future employment opportunities with a covered contractor by a covered acquisition official; and (2) the request of advice by an employee or former employee of DOD from the appropriate designated agency ethics official as to what constitutes proper and improper possible employment discussions. Defines "covered acquisition official" and "covered contractor" for purposes of this section. Authorizes the Secretary to waive a certain prohibition against the receipt of dual compensation for not more than 1,000 DOD employee who are in scientific, engineering, professorial, or management positions designated as critical positions by the Secretary. Expresses the sense of the Congress that the Secretary should take all necessary actions to promote and encourage, at all educational levees, an increase in the number of U.S. citizens and nationals who pursue courses of study in science, engineering, and other technical disciplines. Directs the Secretary to prescribe regulations for the award of fellowships to U.S. citizens and nationals who agree to pursue graduate degrees in science, engineering, or other fields of study designated by the Secretary to be of priority interest to DOD. Outlines fellowship award conditions. Authorizes appropriations for FY 1990 and 1991. Title IX: General Provisions - Authorizes the Secretary, as necessary for the national interest, to transfer amounts of authorizations made available to DOD in titles I through III between any such authorizations for that fiscal year. Limits the total amount that may be so transferred. Requires the Secretary to notify the Congress promptly of any such transfers made. Limits the total amount authorized to be appropriated for FY 1990 and 1991 for military personnel and operations and maintenance. Limits the total amount of funds available to DOD for FY 1990. Requires the Secretary to report to the defense and appropriations committees concerning actions taken to maintain such limited budget authority. Places certain limitations upon DOD relating to the restoration of withdrawn unobligated balances. Directs the President to report to the defense and intelligence committees on the types of measures that would be required to verify effectively the proposal for conventional arms reductions in Europe adopted by member nations of NATO in May, 1989. Commends the President's conventional arms initiatives announced on such date. Directs the President to report to the Congress on the foreign policy and military implications to NATO and to the Warsaw Pact of significant reductions of conventional forces by NATO and Warsaw Pact countries to a ceiling which is the same for both sides. Directs the President to report to the defense committees on the desirability of an agreement to impose limitations on anti-satellite capabilities. Establishes a Commission on National Service to conduct a thorough study of the need for and desirability disadvantages of, a national service program (a program which includes both military and civilian community services). Requires the Commission to report to the President and the Congress on its findings and recommendations. Specifies information to be included in such report if the Commission recommends the establishment of a national service program. Terminates such Commission 120 days after its report is received. Extends through FY 1991 certain authority provided to the Secretary of Defense in connection with the NATO Airborne Warning and Control System (AWACS) program. Revises certain provisions relating to the authority to enter into bilateral and multilateral for the procurement of communications support and related supplies and services from U.S.-allied countries. Amends the Foreign Assistance Act of 1961 to: (1) extend through FY 1994 the authority to use excess defense articles for the modernization of the defense capabilities of countries situated on the southern flank of NATO; and (3) prohibit the President from providing for the attendance of foreign military personnel without charge at the U.S. Army Russian Institute in West Germany. Authorizes the payment of travel and similar expenses for travel to Canada and Mexico in connection with bilateral and regional cooperation programs. Amends the Immigration and Nationality Act to admit temporarily workers entering this country in order to perform services as part of a governmental program of cooperative research, development, or coproduction projects. Increases from $10,000 to $100,000 the amount of an admiralty claim against the United States that may be settled by the Secretary of the military department concerned without certifying such payment to the Congress. Authorizes the Secretary to procure services for the publication of the History of the Office of the Secretary of Defense through the Government Printing Office. Title X: Panama Canal Commission - Authorizes the Panama Canal Commission to make such expenditures, contracts, and commitments as may be necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1990 and 1991, with certain conditions. Requires the Commission to provide written advance notification to the defense and merchant marine and fisheries committees regarding certain rates, payments, and projects associated with the operation and maintenance of the Canal. Authorizes funds for pay increases of officers and employees of the Commission as administratively authorized.

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4 official files

• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

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• Passed Senate amended

  summary · EN · 2 August 1989

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• Introduced in Senate

  summary · EN · 31 July 1989

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