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United States · Law · HR

H.R. 3072 (101st)

Department of Defense Appropriations Act, 1990

enactedUnited States· United States Congress· EN

Introduced

1 August 1989

Last action

—

Status

Became Public Law No: 101-165.

Sponsors

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Subjects

Discovery layer

Source updated

7 January 2026

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Summary

Department of Defense Appropriations Act, 1990 - Title I: Military Personnel - Appropriates funds for FY 1990 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 1990 for the operation and maintenance of the Army, Navy, Marine Corps, Air Force (including a transfer of funds), and the defense agencies, including their 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), support and personnel services for the Goodwill Games, and for humanitarian assistance. Title III: Procurement - Appropriates funds for FY 1990 for the procurement by the Army of aircraft, missiles, weapons and tracked combat vehicles, and ammunition, and for other procurement. Appropriates funds to the Navy for procurement of aircraft and weapons, for 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 (including a transfer of funds); and (4) the augmentation of space and related activities, defense. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1990 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies. Appropriates funds for the expenses of the Deputy Under Secretary of Defense, Developmental Test and Evaluation, and the Director, Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for the armed forces and defense stock funds. Title VI: Chemical Agents and Munitions Destruction, Defense - Appropriates funds for the destruction of the U.S. stockpile of lethal chemical agents and munitions. Title VII: Office of the Inspector General - Appropriates funds to carry out provisions of the Inspector General Act of 1978. Title VIII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Staff; (3) the Mildred and Claude Pepper Foundation; and (4) drug interdiction, defense. Title IX: General Provisions - Prohibits the use of appropriations for unauthorized publicity or propaganda. Authorizes the Secretaries of Defense and of the military departments to procure the services of experts and consultants if advantageous to the national defense. Exempts the Department of Defense (DOD) from the prohibition against employing non-citizens. Directs the Secretary of Defense and each agency of DOD to assist American small and minority-owned businesses in their participation in defense contracts. 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 use of appropriations for proficiency flying. Prohibits the obligation of more than 20 percent of funds appropriated by this Act during the last two months of the fiscal year, except as specified. Permits DOD and defense agencies to accept the use of real property and services from foreign countries in accordance with mutual defense agreements or occupational arrangements or as reciprocal international courtesies. Directs the Secretary to report quarterly to the Congress and the Office of Management and Budget (OMB) on the properties and services received. 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. Permits the use of appropriations for uniforms or uniform allowances for civilian employees. Authorizes the Secretary, in the national interest and with the approval of OMB, to transfer and merge specified working capital funds. Directs the Secretary to notify the Congress of all 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 initiation of a special access program without prior notification to the Appropriations and Armed Services Committees; (4) the preparation of a request to the Appropriations Committees for reprogramming of funds, except as specified; (5) certain claims for physicians or provider reimbursement for medical services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); (6) planning or executing programs which utilize funds credited to DOD as payment for defense articles under provisions of the Arms Export Control Act; (7) programs of the Central Intelligence Agency (CIA) beyond FY 1991, with specified exceptions; and (8) recreational activities. Permits the Secretary to contract with collection agencies to recover indebtedness owed to the United States. Prohibits the use of appropriations for: (1) nonreimbursed medical care in the United States furnished to foreign military diplomatic personnel or their dependents; (2) certain multiyear contracts utilizing economic order quantity procurement or unfunded contingent liabilities in excess of a specified amount. Specifies defense articles which may be procured under multiyear procurement contracts using FY 1990 appropriations. Prohibits the use of appropriations for: (1) unjustified intelligence activity, unless the Appropriations Committees are notified; and (2) converting certain military technician positions to positions to be held by persons in active Guard or Reserve status if such conversions would reduce the number of military technicians below a specified amount. Eliminates during FY 1990 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 1990. Prohibits the use of appropriated funds for: (1) leasing DOD aircraft or vehicles to non-Federal agencies when commercial alternatives are available; (2) congressional lobbying; (3) the pay of certain nonmilitary Army Reserve technicians; (4) purchasing dogs or cats to study the medical treatment of wounds; and (5) the floating storage of petroleum in non-U.S. vessels. Permits the use of funds for removing feral burros and horses. 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 certain officers who need such status in order to maintain employment as a National Guard or Reserve technician. 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 services who 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 for postsecondary educational costs for off-duty training of military personnel to specified percentages of such costs. 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 DOD civilian employees until a cost analysis on such performance is completed and certified to the Appropriations Committee. Prohibits the use of funds for the procurement of 120mm mortars or ammunition for such mortars if manufactured outside the United States. Permits the use of DOD funds at sites formerly used by DOD for removal of unsafe buildings or debris, under certain conditions. Prohibits the use of Army appropriations for depot maintenance of equipment unless the civilian personnel strengths at Army depots performing communications-electronics depot maintenance are greater than the strengths assigned those depots on September 30, 1985, with specified exceptions. Prohibits the use of appropriated funds for the acquisition of major automated information systems which have not successfully completed specified oversight reviews. Prohibits the use of appropriated funds for the payment of salaries of any persons who authorize the transfer of unobligated and 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. Defines the phrase "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 limitations on the expenditure of such earmarked funds. Prohibits the use of appropriated funds for: (1) the procurement of Tactical Army Combat Service Support Computer Systems, unless a certain condition is met; (2) the procurement of mini- and micro-computers for the Army Reserve component, until the RCAS contract is awarded; and (3) fixed-price contracts exceeding $10,000,000 for the development of a major 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 chains manufactured outside the United States. Authorizes DOD to transfer prior-year unobligated balances to the operation and maintenance appropriations of the reserve components in order to provide military technician pay 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 provided in this Act from being obligated or expended for the procurement of certain remote sensing data except by the Defense Mapping Agency. Requires the designs of specified military aircraft to incorporate certain standard avionics specifications no later than 1998. Requires FY 1990 pay raises to be absorbed within levels appropriated in this Act. Directs the Secretary of Defense to require that providers of services under CHAMPUS also provide services to active military members in accordance with the same reimbursement rules as apply under CHAMPUS. Authorizes the Secretary to make specified funds available to the Coast Guard to be used for operational support, exclusive of administrative costs. Transfers specified funds from working capital to the operations and maintenance appropriations contained in this Act to be merged with and be available for the same purposes and time period as the appropriations to which transferred. Directs the Secretary to ensure that at least 50 percent of the polyacrylonitrile carbon fiber requirement be procured from domestic sources by 1992. Provides for the accounting treatment of expenses incurred by the United States in monitoring Soviet implementation of the INF Treaty. Requires DOD to exclude from diagnosis-related groups regulations: (1) inpatient hospital services in a hospital whose patients are predominately under 18 years old; and (2) certain discharges involving children and newborn infants. 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 for the next-of-kin of individuals who have been prisoners of war or missing in action from the Vietnam era to an annual meeting in the United States. Requires limited funds to be available to the Air Force to execute the cleanup of uncontrolled hazardous waste contamination at Hamilton Air Force Base, California. Prohibits the expenditure of such funds until DOD and the General Services Administration reach an agreement with the purchaser of the landfill at such site regarding the cleanup of such landfill. Requires such agreement to allow the purchaser to withdraw from the sales contract under certain conditions. Provides other terms and conditions for such landfill cleanup action, including reimbursement for the costs of such cleanup. Prohibits any funds appropriated in this Act from being available for: (1) conducting an environmental impact study on the feasibility of purchasing acreage in Georgia for the proposed Southeast Weapons Range; (2) establishing or operating certain placement billets or functions at the Naval Military Personnel Command headquarters or transferring certain personnel from the Naval Reserve Personnel Center and the Enlisted Personnel Management Center; or (3) offshore procurement of second or third generation night vision image intensifier tubes and devices. Prohibits DOD from carrying out a certain laser transmitter test against an object in space unless such testing is specifically authorized and appropriated by law. Prohibits Air Force funds in this Act from being available for the B-1B's ALQ-161A CORE programs unless approved in advance by the defense committees. Prohibits funds from this Act from being available for the procurement of multibeam sonar mapping systems which are not manufactured in the United States. Limits the amount authorized to be expended during FY 1990 from this or any prior DOD appropriations Act. Requires the Secretary and the Director of Central Intelligence to ensure compliance with such limitation. Prohibits the reduction of funds for programs and projects which are designated or identified as congressional interest items. Waives the application of the Impoundment Control Act of 1974 with respect to such limitation. Allows certain payments required to be made by DOD to business concerns during October 1990 to be delayed until October 31, 1990, in order to aid in reaching the required spending limitation. Requires the Secretary to report to the defense and appropriations committees on the implementation of such limitation and actions taken to achieve such limitation. Directs the Secretary of the Army to release to the State of Minnesota all reversionary interest to a certain parcel of land in such State in exchange for a donation of equal acreage to the United States for Army use. Extends through FY 1990 a prior appropriation for shipbuilding and conversion for the Navy. Requires the Secretary of the Army, during FY 1990, to transfer to the Secretary of the Interior wild horses and burros removed from the White Sands Missile Range. Requires the Secretary of the Interior to treat all animals so removed as excess animals removed under the Wild Free-Roaming Horses and Burros Act.

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