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United States · Law · HR

H.R. 2521 (102nd)

Department of Defense Appropriations Act, 1992

enactedUnited States· United States Congress· EN

Introduced

4 June 1991

Last action

—

Status

Became Public Law No: 102-172.

Sponsors

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Subjects

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Source updated

7 January 2026

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Summary

Department of Defense Appropriations Act, 1992 - Title I: Military Personnel - Appropriates funds for FY 1992 for military and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY 1992 for the operation and maintenance of the Army, (including a transfer of funds) Navy, Marine Corps, Air Force, the defense agencies (including a transfer of funds), the respective reserve components, and the Army and Air National Guards. Appropriates funds for the Army's National Board for the Promotion of Rifle Practice, the Court of Military Appeals, environmental restoration (including a transfer of funds), humanitarian assistance, and for support and services for the World University Games. Title III: Procurement - Appropriates funds for FY 1992 for the procurement by the Army of aircraft, missiles, weapons, tracked combat vehicles, and ammunition and for other procurement. Appropriates funds to the Navy for the procurement of aircraft, (including a transfer of funds) weapons, and shipbuilding and conversion and for other procurement. Appropriates funds for Marine Corps procurement. Appropriates funds for procurement by the Air Force of aircraft and missiles and for other procurement. Appropriates funds for: (1) National Guard and Reserve equipment; (2) procurement by the defense agencies; (3) Defense Production Act purchases; and (4) procurement of prepositioning equipment. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1992 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies (including a transfer of funds). Appropriates funds for the expenses of the Deputy Director of Defense Research and Engineering (Test and Evaluation) and the Director, Operational Test and Evaluation. Title V: Defense Business Operations Fund - Establishes in the Treasury the Defense Business Operations Fund and appropriates specified amounts to such fund. Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the destruction of lethal chemical agents and munitions; (2) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (3) expenses and activities of the Office of the Inspector General for carrying out the Inspector General Act of 1978. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; and (2) the Intelligence Community Staff. Title VIII: General Provisions - Prohibits the use of appropriations for unauthorized publicity or propaganda. Exempts during FY 1992 Department of Defense (DOD) personnel from provisions of law prohibiting the employment of non-U.S. citizens. Provides that no part of any appropriation contained in this Act may remain available for obligation beyond the current fiscal year, unless expressly so provided. Prohibits the obligation of more than 20 percent of the funds appropriated by this Act during the last two months of the fiscal year, except as specified. Prohibits the use of appropriations for the procurement of any food, clothing, specified cloth (including cotton, silk, and wool) or synthetic fabrics, or specified metals not grown, produced, or processed within the United States, with specified exceptions. Authorizes the Secretary of Defense, in the national interest and with the approval of the Office of Management and Budget (OMB), to transfer and merge specified working capital funds. Directs the Secretary to notify the Congress of all such transfers. Limits the cash balances which may be maintained in such funds. Prohibits the use of appropriated funds for: (1) the purchase of coal or coke from foreign nations for use at U.S. defense facilities when U.S. coal is available; (2) heating plant fuel conversion at defense facilities in Europe; (3) the conversion of any heating facility at military installations in the Kaiserslautern Military Community in Germany, except as provided under Federal law and after a certain notification from the Secretary to the Senate and House Committees on Appropriations; (4) the initiation of a special access program without prior notification to the appropriations and armed services committees; (5) the preparation of a request to the appropriations committees for a reprogramming of funds, except as specified; (6) certain claims for physician or provider reimbursement for medical services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) in excess of those allowed for FY 1991; (7) programs of the Central Intelligence Agency (CIA) beyond FY 1992, with a specified exception; (8) initiating a multiyear contract that employs economic order quantity procurement in excess of specified amounts, unless proper congressional notification is given; (9) any intelligence or special activity different from an activity previously justified to the Congress unless the Secretary has notified the appropriations committees of the intent to make such funds available for such activity; or (10) converting certain military technician positions to positions to be held by persons in active Guard or Reserve status if such conversion would reduce the number of military technicians below a specified amount. Prohibits the use of funds appropriated by this Act to include civilian military technicians in any administratively imposed freeze on civilian positions. Eliminates during FY 1992 the requirement that the Congress must authorize by law the end-strengths for civilian personnel in DOD. Prohibits setting any end-strength limitations for such personnel during FY 1992. Prohibits the use of appropriated funds for: (1) congressional lobbying; (2) the pay of certain nonmilitary Army Reserve technicians; (3) purchasing of dogs or cats to study the medical treatment of wounds; and (4) floating storage for petroleum products in non-U.S. vessels. Permits the appropriation of funds for humanitarian and civic assistance costs incident to authorized operations of the armed forces. Authorizes the Secretaries of the Army and the Air Force to retain in active status until age 60 certain officers who need such status in order to maintain employment as a National Guard or Reserve technician. Permits the use of operation and maintenance funds provided under this Act for studies and demonstration projects relating to the delivery of military health and medical care. Prohibits the use of funds appropriated by this Act to make contributions to the Department of Defense Education Benefits Fund for educational assistance for a member of the armed forces who enlists for less than three years or receives an enlistment bonus. Prohibits the use of funds appropriated by this Act for the basic pay and allowances of a member of the Army participating as a full-time student and receiving benefits through the Secretary of Veterans Affairs when time spent as a full-time student is credited toward completion of a service commitment. Limits the availability of appropriations to specified percentages of postsecondary educational costs for off-duty training of military personnel. Prohibits the use of appropriated funds for conversion to contractor performance of an activity or function of DOD that is currently performed by more than ten civilian DOD employees until a cost-analysis on such performance is completed and certified to the appropriations committees. Prohibits the use of funds for the procurement of 120mm mortars or ammunition for such mortars if manufactured outside the United States. Prohibits the use of appropriated funds for the payment of salaries of any persons who authorize the transfer of unobligated or deobligated funds into the Reserve for Contingencies of the CIA. Requires funds appropriated under this Act for CIA construction projects to remain available until expended. Authorizes the Secretary of the Navy to use specified funds to charter ships for use as auxiliary minesweepers, under specified conditions. Limits the amount of funds available from this Act for the execution of a contract for the CHAMPUS Reform Initiative. Permits the use of appropriated funds to fully utilize the facilities at the U.S. Army Engineer's Waterways Experiment Station, with a specified exception. Prohibits this Act's funds from being used by a military department to modify an aircraft, weapon, ship, or other item of equipment if such item is to be retired or otherwise disposed of within five years after completion of the modification, with specified exceptions. Specifies the definition of "program, project, and activity" for appropriations contained in this Act for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Earmarks specified funds appropriated to the Army under this Act for the Reserve Component Automation System (RCAS), with certain expenditure limitations. Prohibits the use of appropriated funds for fixed-price contracts exceeding $10,000,000 for the development of a major defense system or subsystem, unless the Under Secretary of Defense for Acquisition and the Secretary of Defense take certain action. Provides that monetary limitations on the purchase price of passenger motor vehicles shall not apply to vehicles purchased for certain intelligence activities. Earmarks specified funds for the construction of classified military projects within the continental United States. Prohibits the use of appropriated funds for the procurement of welded shipboard anchor and mooring changes manufactured outside the United States. Authorizes DOD to transfer prior-year unobligated balances to the operations and maintenance appropriations of the reserve components in order to provide military technician and DOD medical personnel pay and medical programs the same exemption from the Gramm-Rudman-Hollings Act as is currently granted to other military personnel accounts, with specified exceptions. Prohibits any funds available to the Department of the Navy from being used to enter into any contract for the overhaul, repair, or maintenance of any naval vessel on the west coast which includes interport differential charges as a factor for the award of such contract. Prohibits funds appropriated by this Act for CHAMPUS programs from being used to reimburse any health care provider for inpatient mental health services in excess of specified periods (depending on one's age), or for care received when a patient is referred to a provider of such care by a medical or health care professional having an economic interest in the facility to which the patient is referred, with specified exceptions. Requires the designs of specified military aircraft to incorporate certain standard avionics specifications by no later than 1998. Provides for the accounting treatment of expenses incurred by the United States in monitoring Soviet implementation of the INF Treaty. Reduces the total amount appropriated to DOD by this Act to reflect savings resulting from the decreased use of consulting services by DOD. Provides funds from this Act for transportation to annual meeting in the United States. of individuals who have been prisoners of war or missing in action from the Vietnam era. Requires limited funds to be available to the Air Force to execute the cleanup of uncontrolled hazardous waste contamination affecting a sale parcel of land at Hamilton Air Force Base, California. Provides for the return of deposit if the purchaser of such parcel exercises the option to withdraw from its sale. Provides reimbursement to the Air Force after a sale is completed for cleanup expenditures in excess of a specified amount. Prohibits funds available to the Department of the Navy from being used to implement certain automated data processing or information technology facility consolidation plans or to make reductions or transfers of personnel in connection with such plans until a congressional notification requirement has been met by the Secretary. Prohibits funds from this Act from being obligated or expended to prepare, or to assist any defense contractor in preparing, any material with respect to economic or employment impact in a State of an acquisition program for which all research, development, testing and evaluation has not been completed. Prohibits funds appropriated by this Act from being available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement makes certain determinations with respect to such contract. Prohibits the use of DOD funds under this Act to dispose of specified unserviceable M1 rifles and carbines. Prohibits this Act's funds from being used to pay more than 50 percent of a lump-sum reenlistment bonus. Prohibits this Act's funds from being used to assign a supervisor's title or grade when the number of people he or she supervises is considered as a basis for such determination. Prohibits funds appropriated in this Act for the CHAMPUS program from being used for the payment of certain deductible charges required for medical care authorized for spouses and children of members of the armed forces on active duty for 30 days or more and received on an outpatient basis after April 1, 1991, with specified exceptions and limitations. Prohibits Navy funds appropriated by this or any other Act from being used to carry out an electromagnetic pulse program in the Chesapeake Bay area in connection with the Electromagnetic Pulse Radiation Environment Simulator for Ships (EMPRESS) program until the Secretary has made certain certifications to the Congress concerning the importance of such program. Limits the funds available for a health care demonstration project regarding chiropractic care required by the Department of Defense Authorization Act, 1985. Prohibits this Act's funds from being used to pay health care providers under CHAMPUS for services determined to be not medically or psychologically necessary. Requires sums for FY 1992 pay raises for programs funded by this Act to be absorbed within the levels appropriated in this Act. Prohibits funds available in this Act from being used for: (1) payments under a DOD contract with the Louisiana State University Medical Center involving the use of cats for wound research; or (2) conducting bone trauma research at the Letterman Army Institute of Research until the Secretary of the Army makes certain certifications. Requires the Secretary to include in any base closure and realignment plan submitted to the Congress a complete review for FY 1991 through 1995, which includes specified information relating to force structures and cost savings after such closure or realignment. Prohibits funds appropriated by this Act from being used to reduce the FY 1992 two and a half or five-ton truck maintenance workload at letterkenny Army Depot as a result of the consolidation of truck maintenance activities or an increase of such maintenance at any other depot. Prohibits funds from being used to transfer towed and self-propelled artillery maintenance from such Depot. Limits the amount of funds to be used for any single relocation of an organization, unit, activity, or function of DOD into or within the National Capital Region. Provides for the waiver of such limitation in certain cases. Prohibits this Act's funds from being used for: (1) producing more than two-thirds of the liquid gas requirements in-house at Andersen Air Force Base, Guam; (2) reducing the end strength and force structure of DOD reserve components below the levels funded in this Act; or (3) reducing or disestablishing the operation of reserve units below those in existence on April 15, 1991. Allows appropriated funds to be used for the pay, allowances, and benefits of Federal or District of Columbia employees who are members of the reserve or National Guard, who perform Federal or military service to enforce the law or provide assistance to civil authorities in the protection or saving of life or property, and who request and are granted leave. Prohibits funds appropriated by this Act from being used to: (1) initiate or continue any cost study pursuant to Office of Management and Budget Circular A-76; or (2) begin closing a military treatment facility unless the Secretary notifies the appropriations committees. Prohibits funds appropriated by this Act for the American Forces Information Service from being used for any national or international political or psychological activities. Prohibits this Act's funds from being used for the recruitment or enrollment of new students at the Uniformed Services University of the Health Sciences for any class commencing after September 30, 1991. Requires all DOD software to be written in the programming language Ada after June 1, 1991, in the absence of a special exemption. Authorizes the Secretary of Defense to adjust the wage rates of certain civilian employees hired for certain health care occupations as authorized for the Secretary of Veterans Affairs for the direct care of veterans in the Department of Veterans Affairs. Prohibits funds available to DOD from being used for the training or utilization of psychologists in the prescription of drugs, except upon the findings and recommendations of a specified Army Blue Ribbon Panel. Prohibits funds appropriated by this Act from being used for reducing the military and civilian work force at any military medical facility or medical support facility below the level maintained or authorized for FY 1990. Rescinds specified funds as provided in DOD appropriation Acts. Amends the Department of Defense Appropriations Act, 1991 to terminate the National Commission on Defense and National Security 30 days after submission of its final report. Removes the requirement that such Commission submit five annual reports, instead requiring only an initial and final report. Authorizes the Chairman of the Commission to obtain necessary information from Federal departments or agencies. Earmarks funds made available in this Act for the Civil Air Patrol. Prohibits funds appropriated or made available in this Act from being used to reduce or disestablish the operation of the 815th Tactical Airlift Squadron of the Air Force Reserve if such action would reduce the WC-130 weather reconnaisance mission below the levels funded in this Act. Earmarks DOD operation and maintenance funds made available in this Act for transporting beef for resale in DOD commissaries in foreign countries. Requires, in the use of funds for the procurement of supplies or services appropriated by this Act, that qualified nonprofit agencies for the blind or other severly handicapped be afforded the maximum opportunity to participate as subcontractors and suppliers in the performance of DOD contracts. Earmarks specified funds for the National Drug Intelligence Center. Provides that certain numerical restrictions on the number of flag or general officers serving on active duty shall not apply in the case of such officers serving as full-time practicing physicians. Authorizes any CHAMPUS medical provider to voluntarily waive the patient copayment required for medical services provided to dependents of active-duty personnel from August 2, 1990, until the return of the troops from the Persian Gulf theater, as long as the Government's share of such services is not increased during such period. Limits the sources of funding for the Mitchell Field Health Care Facility in New York. Authorizes the Navy, during FY 1992, to provide notice to exercise options under the LEASAT program for the next fiscal year. Establishes the Foreign National Employees Separation Pay Account, Defense, to provide separation pay to foreign national employees of DOD. Places certain spending limitations on intelligence program funds which are transferred from DOD to another Federal agency for execution. Earmarks specified Navy R&D funds for the V-22 aircraft program. Specifies the manner in which prior-year appropriations for the V-22 program shall be expended. Directs the Secretary to provide the Congress with the total funding plan and schedule to complete the Phase II V-22 full-scale engineering development program. Provides that, during FY 1992, third party payments for health care provided in a military medical facility shall be available for the use of such facility and shall be over and above its direct budget amount. Directs the Secretary to transfer specified funds within DOD accounts. Authorizes the President, during FY 1992 through 1994, to acquire not less than 50,000 kilograms of germanium from current domestic sources to be held in the National Defense Stockpile. Prohibits funds appropriated in this Act from being used to: (1) procure a Multibeam Sonar Mapping System not manufactured in the United States; (2) implement more than 15 catchment area management demonstration sites; or (3) fill the commander's position at any military medical facility with a medical doctor unless such person is a trained professional administrator. Earmarks specified funds to CHAMPUS for the payment of expenses of former members of the armed forces who are 100 percent disabled as well as their dependents notwithstanding their coverage for health insurance benefits under Parts A and B of Title XVII (Medicare) of the Social Security Act. Authorizes certain prior-year funds to be used for the purchase of passenger motor vehicles. Authorizes the Secretary, during FY 1992, to accept burdensharing contributions from the Republic of Korea for the cost of local national employees, supplies, and services of DOD. Exempts the Coast Guard from the assessment of surcharges against stock and industrial fund customers with respect to transactions between the stock and industrial funds of the Coast Guard and DOD. Repeals a provision of the National Defense Authorization Act for Fiscal Year 1991 which requires a 20 percent reduction in the defense acquisition workforce by the end of FY 1995. Prohibits during FY 1992 the incurring of obligations against DOD stock funds in excess of 90 percent of sales from such funds during such fiscal year. Prohibits funds appropriated in this Act from being used for: (1) the compensation of military and civilian personnel assigned to specified naval systems and engineering commands in excess of 75 percent of the number assigned to such commands as of the end of FY 1991; and (2) reducing or disestablishing the operation of the P-3 squadrons of the Navy Reserve below the levels funded in this Act. Directs the Secretary of the Navy to obligate and expend funds appropriated during FY 1991 and 1992 for the modernization of P-3B aircraft of the Navy Reserve. Prohibits funds made available to the Army for FY 1990 through 1992 for C-23 aircraft which remain available for obligation from being used except to maintain commonality with C-23 Sherpa aircraft already in the Army National Guard. Prohibits funds appropriated in this Act from being used for: (1) any contract or grant with a university or other institution of higher learning unless such contract undergoes certain audit procedures and the institution responds fully to all requests for financial information; (2) costs associated with a federally funded research and development center if a member of the Board of Directors of such center simultaneously serves on the Board of Directors of a company under contract to DOD; (3) paying the salaries of more than four senior executives within the Navy Comptroller organization, or for compensation to such individuals at more than a specified rate; (4) paying the salaries of debarment/suspension officials unless such officials are assigned to a consolidated office of debarment and suspension within the Office of the Inspector General; and (5) procuring for use in any Government-owned facility or property under DOD control carbon, alloy, or armor steel plate which were not melted and rolled in the United States or Canada. Provides for the (waiver of such rule on a case-by-case basis). Repeals a provision of the National Defense Authorization Act for Fiscal Year 1991 which authorizes the Secretary of the Army to lease aircraft for helicopter pilot training and to determine if such leasing arrangement is more cost-effective than operating and maintaining Army aircraft for such purpose. Makes funds appropriated under such Act available during FY 1992 to establish an Executive Committee under the auspices of the Critical Technologies Institute. Makes the Secretaries of Defense and Commerce co-chairmen of the Committee. Requires the Committee to prepare and deliver to specified congressional committees: (1) a listing of those products determined to be a critical technology; (2) summaries of general economic conditions of domestic industries producing a product used in a critical technology, as well as current and prospective trends in such industries; (3) reviews of domestic and foreign policies, programs, and activities affecting the economic health of domestic industries using or producing critical technologies; and (4) appropriate recommendations regarding future actions to minimize adverse effects of policies, programs, and activities of domestic and foreign industries on critical technologies. Prohibits any funds available to the Secretary from being used to purchase bridge or machinery control systems or interior communications equipment for the Sealift Program, unless certain Buy American requirements are met with respect to such systems or equipment. Authorizes the waiver of such requirements on a case-by-case basis. Transfers specified operation and maintenance funds to the Radiation Exposure Compensation Trust Fund established under prior law to be available for the Fund's purposes. Earmarks specified funds for a grant to the Naval Undersea Museum Foundation for the completion of an undersea museum at Keyport, Washington. Prohibits the use of appropriated funds for: (1) procuring SQQ-89 systems which do not have the enhanced modular signal processor; (2) procuring vessels which were constructed in foreign shipyards; (3) the Army's acquisition of four-ton dolly jacks if such equipment is or would be manufactured outside the United States; or (4) implementing the U.S. Army Corps of Engineers Reorganization Study until the reorganization proposed is specifically authorized by law after the enactment of this Act. Authorizes the Secretary to acquire the modification, depot maintenance, and repair of aircraft, vehicles and vessels, as well as the production of components and other defense-related articles, through competition between DOD depot maintenance activities and private firms. Prohibits funds appropriated by this Act from being used to implement provisions of the Chief Financial Officers Act of 1990 (providing for the establishment of chief financial officers to oversee the financial management of the Federal Government). Requires funds appropriated by this Act to be made available for the Overseas Workload Program. Allows a contract awarded to a firm under such Program during FY 1992 to be performed in the country where the equipment or firm is located. Requires the Secretary to report to the appropriations committees on the nature of the maintenance, repair, and overhaul work of DOD performed under the Program. States that, for purposes of this provision, Israel shall be considered to be in the European Theater in every respect, with its firms fully eligible for non-restrictive, non-discriminatory competition under the Program. Directs the Secretary to work with Israel to identify new specialized capabilities in depot maintenance and repair for which it is uniquely suited. Prohibits FY 1992 funds under the Program from being used for contracts awarded during such fiscal year unless such contracts have been awarded under open competition conditions as described under these provisions. Entitles a member of the armed forces on duty at a foreign station (as well as any dependents of such member) to the provision of any reproductive health service in a military medical facility of the United States serving that duty station in the same manner as any other type of medical care. Requires the member to pay the full cost of such services in the case of any such reproductive health service for which appropriated funds may not be used.

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