Department of Defense Appropriations Act, 1989

Summary

Department of Defense Appropriations Act, 1989 - Title I: Military Personnel - Appropriates funds for FY 1989 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 1989 for the operation and maintenance of the Army, Navy (including a transfer of funds), Marine Corps, Air Force, 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 1989 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 the augmentation of U.S. Coast Guard inventories. 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) the augmentation of space and related activities, defense. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1989 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: (1) the armed forces and defense stock funds; and (2) foreign currency fluctuation, defense (including a transfer of 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: Related Agencies - Appropriates funds for the Central Intelligence Agency Retirement and Disability System Fund and for the Intelligence Community Staff. Title VIII: 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 specified practices, including: (1) proficiency flying; and (2) excess household goods shipping and storage. 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. Limits the funds available for legislative liaison activities of DOD. Earmarks appropriations for the procurement of commercial transportation services from carriers participating in the civil reserve air fleet program. 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) heating plant fuel conversion at defense facilities in Europe; (2) the initiation of a special access program without prior notification to the Appropriations and Armed Services Committees; (3) the preparation of a request to the Appropriations Committees for reprogramming of funds, except as specified; (4) certain claims for physicians or provider reimbursement for medical services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); (5) public affairs activities exceeding a specified amount; (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) Senior ROTC units which have had classes with insufficient enrollment; (8) programs of the Central Intelligence Agency (CIA) beyond FY 1990, with specified exceptions; and (9) military personnel costs associated with morale, welfare, and 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) certain noncompetitive contracts for studies and consulting services, unless certain unique elements are present; (2) nonreimbursed medical care in the United States furnished to foreign military or diplomatic personnel or their dependents; (3) certain second career training programs; (4) the demilitarization of surplus nonautomatic firearms of less than a specified caliber; (5) certain multiyear contracts utilizing economic order quantity procurement or unfunded contingent liabilities in excess of a specified amount; and (6) excessive per diem in lieu of subsistence when an enlisted member is in a travel status. Specifies defense articles which may be procured under multiyear procurement contracts using FY 1989 appropriations. Prohibits the use of appropriations for: (1) waivers of certain cost recovery under the Arms Export Control Act, unless the Appropriations Committees are given advance notice; (2) the transfer of military equipment or data related to the manufacture of such equipment to a foreign country, without approval of such transfer by the Secretary of the military department involved; (3) unjustified intelligence activity, unless the Appropriations Committees are notified; (4) the purchase of foreign coal or coke for U.S. defense facilities in Europe when U.S. coal is available; and (5) the appointment or compensation of more than 39 individuals in DOD Executive Schedule positions; and (6) 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 1988, 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 1989. Permits the transfer and merger of FY 1988 funds for increased costs for research, development, test, and evaluation for FY 1989. Prohibits the use of funds for: (1) leasing DOD aircraft or vehicles to non-Federal agencies when commercial alternatives are available; (2) congressional lobbying; (3) certain multiyear leasing or chartering of vessels without prior submission to the Appropriations Committees; (4) the operation of more than 247 commissaries in the contiguous United States; (5) procuring certain foreign-manufactured aircraft ejection seats; (6) the pay of certain nonmilitary Army Reserve technicians; (7) purchasing dogs or cats to study the medical treatment of wounds; (8) full-scale engineering development of any major acquisition program, until the Secretary certifies to the Appropriations Committees that two or more production sources are not necessary, or provides such Committees a plan for the development of two or more sources; and (9) the floating storage of petroleum in non-U.S. vessels. Earmarks funds for the Civil Air Patrol. 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. Expresses the sense of the Congress that competition should be increased in providing for our national defense. Prohibits the use of funds appropriated by this Act to pay a dislocation allowance in excess of one month's basic allowance for quarters. Prohibits the use of funds for contracting-out activities performed by the Defense Personnel Support Center, Philadelphia, Pennsylvania, unless the Appropriations Committees receive the results of a cost analysis of such action. 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. Directs DOD to conduct a pilot test project of providing home health care to certain military dependents. Limits the availability of appropriations for postsecondary educational costs for off-duty training of military personnel to specified percentages of such costs. Prohibits funds appropriated by this Act from being available to pay more than 50 percent of a lump-sum reenlistment bonus to any member. 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 Committees. Permits transfers of funds from one appropriation account to another for the lease or purchase of automatic data processing equipment if the Secretary reports such transfer to the Appropriations Committees within a specified time. Makes appropriations available to exchange or furnish mapping, charting, or geodetic data, supplies, or services to a foreign country pursuant to an agreement for the exchange of such services. 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 appropriated funds to carry out a program to paint a naval vessel with a certain type of paint until the Environmental Protection Agency (EPA) certifies that the paint does not pose an unacceptable hazard to the marine environment. Makes funds available to the Defense Logistics Agency for the Agency's productivity-based incentive awards programs for civilian employees. 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 funds made available in this Act for the purchase of Federal Supply Classes of machine tools (listed in numbered categories) for use in DOD which were not manufactured in the United States or Canada. Authorizes the waiver of such prohibition when adequate supplies of such machine tools do not exist. Prohibits the use of appropriated funds for the acquisition of major automated information systems which have not successfully completed specified oversight reviews. Prohibits funds appropriated in this Act from being obligated or expended for the procurement, modification, or product improvement or qualification of the five-inch semi-active laser guided projectile. Increases amounts made available during FY 1989 for military personnel services to the extent necessary to meet increased pay costs authorized pursuant to law. 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. Repeals a specified provision of the Department of Defense Appropriations Act, 1987, which prohibits the General Services Administration (GSA) from selling or transferring a specified portion of Fort DeRussy, Hawaii. Directs the Secretary to conduct through CHAMPUS a demonstration project on the treatment of alcoholism designed to compare the use of chemical aversion therapy with the use of other treatments. Requires a report from the Secretary to the Appropriations and Armed Services Committees, and specifies other conditions in connection with the demonstration project. Prohibits the availability of funds appropriated by this Act for the operation and maintenance of contractor-owned primary health care facilities, unless the DOD Inspector General agrees to inspect, audit, and evaluate such clinics. Authorizes the Secretary of the Navy to use specified funds to charter ships for use as auxiliary minesweepers, under specified conditions. Prohibits the use of funds from this Act to issue a letter of intent to proceed with the phase-in of the CHAMPUS reform initiative before December 1, 1989. Prohibits the use of appropriated funds for: (1) use by the Defense Logistics Agency 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; (2) contributions to the DOD Education Benefits Fund for the future costs of educational assistance programs for certain veterans and members of the armed forces; and (3) basic pay and allowances for certain members of the armed forces participating as full-time students, when such time is credited towards completion of their service commitment. 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. Makes funds available for Naval Air Rework Facilities to perform manufacturing in order to compete for production contracts of defense articles, under specified conditions. Authorizes DOD to adjust wage rates for authorized civilian employees hired for certain health-care occupations, with a specified condition. Prohibits the use of appropriated funds for: (1) the procurement of goods or services from Toshiba Corporation, or from Kongsberg Vaapenfabrik (or any of their subsidiaries), with a specified exception; (2) the procurement of welded shipboard anchor and mooring chains manufactured outside the United States; and (3) the conversion of heating plants at defense facilities outside of the United States. 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. Prohibits any funds in this Act or any other funds available to military commissaries and exchanges from being used to purchase or sell Toshiba products. Directs the Secretary of the Air Force to make available a specified amount of funds for the next generation trainer engine over the next three-year period. 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 to such contract. Prohibits any DOD vessel homeported in the United States from being overhauled, repaired, or maintained in a foreign-owned and operated shipyard located outside the United States, except for voyage repairs. Prohibits any funds available to any entity of the U.S. Government from being obligated or expended during FY 1989 to provide funds or other assistance to the Nicaraguan democratic resistance unless in accordance with terms of the Intelligence Authorization Act for fiscal year 1989. Authorizes DOD operation and maintenance funds to be available for claims authorized by law to be paid by DOD. Outlines the types of claims authorized to be so paid. 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. Prohibits funds appropriated by this Act from being used for: (1) the procurement or product improvement of the M30 heavy mortar, or the ammunition for such mortar; or (2) contracts with the prime manufacturers of the Advanced Technical Aircraft which do not include certain contract provisions (after January 1, 1989). Earmarks specified Navy funds for Project Have Gaze, and earmarks specified funds appropriated by this Act for engineering and development of certain standard avionics modules and supporting advanced avionics architecture elements. Prohibits funds appropriated or made available by this Act from being expended to award a contract after the enactment of this Act under DOD overseas fuel procurement programs (including procurements in American Samoa and Guam) to a contractor other than a U.S. firm, with specified exceptions.

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Documents

5 official files

• Public Law (PDF)

  Public Law · EN · 2 October 1988

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• Senate receded and concurred with amendment

  summary · EN · 30 September 1988

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• Reported to Senate with amendment(s)

  summary · EN · 24 June 1988

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• Passed House amended

  summary · EN · 21 June 1988

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• Introduced in House

  summary · EN · 10 June 1988

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