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United States · Law · HR

H.R. 5803 (101st)

Department of Defense Appropriations Act, 1991

enactedUnited States· United States Congress· EN

Introduced

9 October 1990

Last action

—

Status

Became Public Law No: 101-511.

Sponsors

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Subjects

Discovery layer

Source updated

5 February 2024

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Summary

Department of Defense Appropriations Act, 1991 - Title I: Military Personnel - Appropriates funds for FY 1991 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 1991 for the operation and maintenance of the Army, 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), and for humanitarian assistance. Title III: Procurement - Appropriates funds for FY 1991 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, 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; and (3) Defense Production Act purchases. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1991 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies. 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: Revolving and Management Funds - Appropriates funds for the Army, Air Force, and Defense stock funds and for the Army, Navy, and Defense industrial funds. Title VI: Other Department of Defense Appropriations - Appropriates funds for: (1) the destruction of the U.S. stockpile of lethal chemical agents and munitions; (2) drug interdiction and counter-drug activities of the Department of Defense (DOD) (including a transfer of funds); and (3) the Office of the Inspector General for carrying out the provisions of 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 DOD personnel from provisions of law prohibiting the employment of non-U.S. citizens during FY 1991. 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 the 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); (7) programs of the Central Intelligence Agency (CIA) beyond FY 1991, 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 committee 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. Eliminates during FY 1991 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 1991. 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) the floating storage of 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 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 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. 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 expenditures 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 chains 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 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 which includes interport differential charges as a factor for the award of such contract. Requires the designs of specified military aircraft to incorporate certain standard avionics specifications by no later than 1998. Transfers specified funds from this Act to the Coast Guard to be used for Coast Guard family housing. 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. 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 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 in southeast Louisiana until a congressional notification requirement has been met by the Secretary. Prohibits funds from this Act from being used for offshore procurement of second or third generation night vision image intensifier tubes and devices, with specified exceptions. Prohibits DOD funds from being used for the B-1B's ALQ-161-A CORE programs unless the Congress has received notification in advance. 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. Makes funds available from this Act to DOD for granting civilian employees paid administrative leave as part of a productivity-based incentive awards program. 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. Earmarks funds for: (1) Naval Aviation Depots to perform manufacturing in order to complete for production contracts of defense articles; and (2) the payment of bonuses to Army, Navy, and Air Force nurses. 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. Directs the Secretary to make specified transfers from general to specific defense programs within the Navy. Authorizes the Secretary to acquire the depot maintenance and repair of aircraft, vehicles, vessels, and components through competition between DOD depot maintenance activities and private firms. 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. Authorizes the Secretary to modify existing and appropriate CHAMPUS contracts in order to conduct a demonstration project to test methods of increasing collections from third-party payers of reasonable inpatient hospital care costs incurred on behalf of retirees and dependents under the CHAMPUS program. Requires sums for FY 1991 pay raised 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; (2) conducting bone trauma research at the Letterman Army Institute of Research until the Secretary of the Army makes certain certifications; or (3) procuring air circuit breakers for U.S. naval vessels unless such circuit breakers are essentially produced or manufactured in the United States. Restores certain previously transferred and unobligated balances to the appropriation from which they were originally transferred. Cancels the balances of such unobligated funds 30 days after enactment of this Act. Requires the Secretary to include in any base closure and realignment plan submitted to the Congress a complete review for FY 1990 through 1994, 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 for the transfer of certain truck or artillery maintenance missions from the Letterkeny Army 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; and (2) reducing the end strength and force structure of DOD reserve components below the levels funded in this Act. 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 requests 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. Earmarks specified funds for DOE for final decontamination and decommissioning of the Nuclear Fuel Facility in Apollo, Pennsylvania, by January 1, 1993. 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. Directs the President to acquire from domestic sources a specified amount of depleted uranium, using funds from the National Defense Stockpile Transaction Fund. Limits the permanent change of station moves of active military personnel in Europe to be funded by appropriations from this Act. Prohibits FY 1991 DOD funds from being used for: (1) the training or utilization of psychologists in the prescription of drugs; or (2) 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. Earmarks specified funds for a project for the design and construction of a parliament building in the Solomon Islands, to be completed by November 1993. Makes certain congressional notification requirements inapplicable with respect to the transfer by the Secretary of the Navy of the obsolete destroyer USS Joy to the Bremerton Historic Ships Association. Earmarks specified Navy aircraft procurement funds for the V-22 Osprey tilt-rotor aircraft program. Rescinds specified funds as provided in DOD appropriation Acts. Prohibits the use of DOD funds from this Act for the Ground-Wave Emergency Network System until the Secretary completes and reports to the defense committees on the health and environmental impact such system would have on surrounding local jurisdictions. Establishes the National Commission on Defense and National Security to analyze and make recommendations to the President and the Congress concerning national security and defense policies. Outlines global, political, economic, and military goals, developments, and activities to be analyzed by the Commission. Requires annual reports to the President and the Congress. Requires the Secretary to initially fund the Commission until funds are specifically appropriated for such purpose. Prohibits funds appropriated in this or any subsequent Act from being used to support an end strength level of U.S. forces stationed in Japan at any level in excess of 50,000. Reduces such end strength level annually by 5,000 if Japan has not agreed for such year to offset the direct costs incurred by the United States military personnel in Japan. Expresses the sense of the Congress that all those countries that share the benefits of international security and stability should share in the responsibility for such stability and security commensurate with their national capabilities. Recognizes that Japan has pledged financial support to support the U.N. Security Council resolutions in Iraq and that Japan has a greater economic capability to contribute to international security and stability. Encourages Japan to contribute commensurate with that capability.

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