Summary: S.3189 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (10/15/1990)

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, 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 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 (including a transfer of funds), 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.

Allows DOD funds appropriated under this Act to be used for the Overseas Workload Program. Allows a contract awarded during FY 1991 under the Program to be performed in the theater in which the equipment is normally located or the country in which the firm is located. Requires a report from the Secretary of Defense to the Senate and House Committees on Appropriations on the nature of the maintenance, repair, and overhaul work of DOD under the Program. Considers Israel to be in the European Theater in every respect for purposes of eligibility for 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, with a report required from the Secretary on his findings. Requires Program contracts to be opened in a competitive manner before FY 1991 Program funds are authorized.

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 Appropriations Committees; (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 committees of the intent to make such funds available for such activity; (10) exceeding a specified number of civilian workyears in DOD; (11) congressional lobbying; (12) purchasing dogs or cats to study the medical treatment of wounds; or (13) the floating storage of petroleum or 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 funds appropriated or made available by this Act from being obligated: (1) for acquisition of major automated information systems which have not successfully completed oversight reviews required by DOD regulations; and (2) on Composite Health Care System (CHCS) acquisition contracts if such contracts would cause certain total life cycle cost estimates to be exceeded.

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.

Prohibits this Act's funds from being used by a military department to modify any item of procurement that such department plans to retire or otherwise dispose of within five years after completion of such modification, with the exception of safety modifications.

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).

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.

Authorizes DOD to transfer prior-year unobligated balances to the operation and maintenance appropriations of the reserve components in order to provide military technician and DOD medical personnel pay and programs (including CHAMPUS) 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 any funds available for CHAMPUS under this Act from being used for the reimbursement of health care providers for inpatient mental health services or Residential Treatment Center services in excess of specified periods or for residential treatment care by a professional having an economic interest in the facility to which the patient is referred, with specified exceptions.

Prohibits funds from 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 by no later than 1998.

Requires sums for FY 1991 pay raises for programs funded by this Act to be absorbed within the levels appropriated in this Act.

Directs the Secretary to require that a provider of health services under CHAMPUS also provide such service to members of the armed forces serving on active duty and their dependents.

Transfers specified funds to the Coast Guard for certain operational support, exclusive of administrative costs.

Authorizes the Secretary to finance the operational and administrative costs related to the National Defense Stockpile Transaction Fund from unobligated balances available in such Fund.

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. Requires quarterly reports concerning the procurement of advisory and assistance services.

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.

Prohibits DOD funds from being used for the B-1B's ALQ-161A CORE program unless the Congress has received notification in advance.

Directs the Air Force to hold harmless, defend, and indemnify in full the State of New Hampshire, its political subdivisions, or any of its officers, lenders, agents, and employees from all liability arising out of releases or threatened releases of hazardous substances or pollutants or contaminants resulting from DOD base closure activities at Pease Air Force Base in New Hampshire.

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 have 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.

Declares that excess military property, including major defense articles, must be offered to NATO allies contiguous to Iraq and to certain non-NATO major allies of the region before being made available to another country or entity not subject to U.S. jurisdiction.

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.

Prohibits funds appropriated by this Act for CHAMPUS from being used for payment of the first $150 of the charges for all types of care authorized for active-duty military personnel and their dependents.

Prohibits funds made available by this Act from being used by DOD to exceed a specified number of civilian work years for FY 1991 outside the United States.

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.

Requires certain DOD construction or service contracts to include a provision requiring the contractor to employ local employees in performing that portion of the contract that occurs within such State or area, as long as such individuals possess or would be able to easily acquire the necessary skills to perform such tasks.

Prohibits this Act's funds from being used to support any DOD activity that procures malt beverages and wine with nonappropriated funds for resale on a military installation in the United States, unless such beverages are procured in the State in which the military installation is located.

Directs the Secretary to make specified transfers from general to specific defense programs within the Navy.

Reduces the total amount appropriated to DOD by this Act to reflect savings resulting from increased use of discount air fares by Government employees.

Earmarks specified DOD funds for National Defense Science and Engineering Graduate Fellowships to be awarded by the Secretary to U.S. citizens or nationals pursuing advanced degrees in fields of primary concern and interest to DOD.

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.

Reduces amounts provided under this Act for permanent-change-of-station costs for military personnel.

Earmarks specified funds from this Act for contract incentive payments authorized under the Indian Financing Act of 1974.

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; and (2) conducting bone trauma research at the Letterman Army Institute of Research until the Secretary of the Army makes certain certifications.

Directs the National Defense Stockpile Manager to obligate specified funds during FY 1991 out of the National Defense Stockpile Transaction Fund for use in precompetitive technology development cooperative projects.

Directs the Secretary to adjust wage rates for civilian employees hired for certain health care occupations as authorized by the Secretary of Veterans Affairs.

Directs the Secretary to issue directives promoting energy conservation in all peacetime DOD activities. Requires an energy consumption reduction report from DOD to the Congress.

Directs the President to acquire over a ten-year period a specified amount of depleted uranium to be held in the National Defense Stockpile.

Prohibits this Act's funds from being used to transport or provide for the transportation of chemical munitions to the Johnston Atoll for the purpose of storing or demilitarizing such munitions.

Appropriates funds for the modernization and expansion of automated data processing systems.

Prohibits funds from this or any other Act from being used for studies of the feasibility of removal and transportation of unitary chemical munitions and agents stored at any location within the continental United States.

Makes funds appropriated to DOD in FY 1991 available to establish and maintain a stockpile in Israel of petroleum fuels for military purposes. Authorizes the President to permit Israel to draw upon such fuel reserves in appropriate circumstances.

Incorporates amounts set forth for specific programs in the Classified Annex as part of this Act. Authorizes the President to distribute such Annex, as appropriate.

Earmarks specified funds from this Act for: (1) the Civil Air Patrol; (2) operation of the U.S. Air Force education and training facility known as the Inter-American Air Force Academy; (3) operation, maintenance, and manning of all WC-130 hurricane reconnaissance aircraft; (4) certain allied cooperation enhancement studies with respect to U.S.-Israeli military cooperation and joint technologies; and (5) transporting U.S. beef for resale in DOD commissaries in foreign countries.

Appropriates additional CHAMPUS funds for meeting cost shortages under such program.

States that, with respect to the funds appropriated by this Act for the procurement of supplies or services, qualified nonprofit agencies for the blind and other severely handicapped shall be afforded maximum opportunity to participate as subcontractors and suppliers in the performance of contracts let by DOD.

Earmarks specified Navy funds for the expenses of the Kahoolawe Island Commission. Prohibits funds made available by this Act from being made available to any military department to conduct bombing training, gunnery training, or similar munitions delivery training on Kahoolawe Island, Hawaii.

Directs the Secretary to establish the Legacy Resource Management Program for the identification and management of all biological, geophysical, and historical resources existing on, or involving, DOD lands, facilities, and property. Earmarks specified funds for such Program.

Earmarks specified funds for the acquisition of jewel bearings from the William Langer Jewel Bearing Plant. Earmarks specified funds for the cleanup of uncontrolled hazardous waste contamination affecting the sale of a parcel of real property at Hamilton Air Force Base, California.

Directs the Secretary to design a comprehensive strategy to involve military and civilian employees of DOD in partnership programs (cooperative efforts between the military and an educational institution to enhance the education of students) with elementary and secondary schools.

Prevents a specified amount of funds appropriated to the U.S. Naval Academy from being obligated or expended until the Secretary of the Navy has reported to the defense committees on certain corrective measures with respect to administration, ethics, and intercollegiate sports at the Academy.

Prohibits FY 1991 DOD funds from being obligated for research, development, test, and evaluation for the Air Force's space surveillance technology program and for the Navy's program addressing such program.

Directs DOD to provide operation and maintenance expenses for the southwest border land-based aerostat drug surveillance program.

Expresses the sense of the Congress with respect to certain limitations desired to be placed on the Strategic Defense Initiative (SDI) Program. States that SDI should not focus on the deployment of a space-based kinetic energy weapon system, but instead on a defense system that: (1) would protect against an accidental missile launch against the United States or a limited missile attack by a third-world country; and (2) if deployed, would not be in violation of the 1972 ABM Treaty. States that SDI should continue support for those critical technology efforts that have both civil and military applications in areas other than ballistic missile defense systems. Limits the FY 1991 spending permitted on certain offensive-oriented SDI programs. Requires the Secretary to include a description of program activities for such SDI programs in annual budget justification material submitted to the Congress. Requires the Secretary to report to the defense committees on the allocation of funds appropriated for SDI for FY 1991.

Directs the Secretary to provide the Congress with quarterly reports accounting for the contributions made by other countries to Operation Desert Shield, to operations in support of the U.N. embargo against Iraq, and to other operations and efforts to counter Iraqi aggression in the Persian Gulf region. Requires such reports until U.S. forces are withdrawn.

Prohibits funds appropriated by this Act from being used to support an end-strength level in excess of 50,000 for all members of U.S. forces assigned to permanent duty in Japan. Requires such troop strength level to be reached by 10,000 each fiscal year after FY 1991. Expresses the sense of the Congress that: (1) a declaration of war by the Congress or an armed attack on Japan authorizes the President to obligate or expend funds and troops necessary to assist in the defense of Japan; and (2) the President may waive the end-strength limitations for any fiscal year in the national interest if he informs the Congress of such waiver and the reasons therefor.

Authorizes the Department of the Army to use a specified amount of Army labor, supplies, and equipment to assist the Department of the Interior in replacing an earth dam in Fort Sill, Oklahoma.

Prohibits any funds available during FY 1991 to DOD or any other Federal agency or entity from being used to complete a cost comparison study currently being conducted at Indian Springs Air Force Auxiliary Field.

Authorizes funds made available to DOD for FY 1991 to be transferred and made available to repair or replace real property and other assets damaged by Hurricane Hugo in September 1989.

Prohibits funds made available under any law from being used for the export (or licensing for export) of any technology items to South Korea in connection with the coproduction of F/A-18 aircraft until 15 days after Congress has received a proposed memorandum of understanding between South Korea and the United States regarding the coproduction and documentation information. Prohibits presidential certification of such export until the Congress has received such documentation.

Makes available a specified amount of Army Operation and Maintenance funds for the environmental protection program at Fort Bragg, North Carolina.

Limits the use of funds appropriated by this Act for maintaining more than a specified number of U.S. military personnel assigned to permanent duty in NATO member countries in Europe. Expresses the sense of the Congress that: (1) in the event of a declaration of war by the Congress or a declaration of emergency the President is authorized to obligate funds necessary to prosecute such war or resolve such emergency; and (2) amounts obligated to be reimbursed by a NATO country and certain other amounts provided should not be considered amounts obligated in violation of such limitations.

Expresses the sense of the Senate that U.S. participation in a multilateral anti-narcotics strike force should include the full range of appropriate law enforcement and anti-drug abuse agencies. Provides that funds made available to DOD for drug interdiction activities should be expended to fund such U.S. participation.

Expresses the sense of the Congress that the President should negotiate with the Group of Seven (the United Kingdom, France, Italy, Canada, Germany, Japan, and the European Community) to conclude agreements providing for a balanced international economic burden sharing of common security objectives. Requires congressional reports.

Title IX: Defense Authorizations - Enacts into law the National Defense Authorization Act for FY 1991 (H.R. 4739) as passed by the Senate, unless or until that Act is otherwise enacted.

Directs the Secretary of the Treasury to pay a specified amount to Shipco General, an Idaho corporation, in return for full satisfaction of its claim against the United States arising out of the termination of a housing unit rehabilitation contract at Kirtland Air Force Base, New Mexico.