S.3140 - Department of Defense Authorization Act for Fiscal Year 1993102nd Congress (1991-1992)
|Sponsor:||Sen. Nunn, Sam [D-GA] (Introduced 08/06/1992)|
|Committees:||Senate - Armed Services|
|Latest Action:||Senate - 09/25/1992 Message on Senate action sent to the House. (All Actions)|
This bill has the status Passed Senate
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Summary: S.3140 — 102nd Congress (1991-1992)All Information (Except Text)
Passed Senate amended (09/19/1992)
Department of Defense Authorization Act for Fiscal Year of 1993 - Title I: Procurement - Subtitle A: Funding Authorizations - Authorizes appropriations to the Army, Navy, Marine Corps, and Air Force for FY 1993 for: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes the Secretary of the Navy to transfer certain prior-year unobligated shipbuilding and conversion balances to the FY 1993 shipbuilding and conversion funds. Authorizes appropriations for FY 1993 for: (1) the defense agencies; (2) the Defense Inspector General; (3) the reserves and National Guard; and (4) the chemical demilitarization program.
Subtitle B: Army Programs - Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which authorized appropriations for the development of the Apache helicopter program.
Authorizes the use of funds received from the sales of tanks, infantry vehicles, or armored personnel carriers by the United States under the Arms Export Control Act during FY 1990 and 1991 to upgrade such armored vehicles for fielding to the Army.
Prohibits the Improved Chemical Agent Monitor from being procured for the armed forces until the Secretary of the Army completes certain testing and congressional notification with respect to such program.
Subtitle C: Navy Programs - Earmarks funds from this Act for shipbuilding and conversion for specified replacement, overhaul, and conversion programs within the Navy, with a limitation with respect to advanced procurement for the aircraft carrier replacement program.
Prohibits the use of funds made available by this Act or otherwise for FY 1993 for: (1) a certain electronic warfare system and the Airborne Self Protection Jammer, until their operational suitability has been determined; and (2) the AV-8B radar upgrade program. Allows for the modification of F-14 aircraft, with limitations as provided in appropriation Acts.
Directs the Secretary of Defense (Secretary) to report to the Congress with respect to procurement of strategic sealift.
Subtitle D: Air Force Programs - Earmarks specified funds made available by this Act for Air Force procurement for the C-17 aircraft program, with certain requirements to be met by the Secretary, the Director of Operational Test and Evaluation, and the Secretary of the Air Force before such sums may be obligated. Requires the Secretary to report to the Senate and House Armed Services Committees (the defense committees) with respect to an initiative to maintain control over costs, contractor performance, and management performance within the C-17 aircraft program. Provides additional funding for such program, with limitations. Requires the Secretary to make certain certifications to the defense committees with respect to the correction of fuel leaks on C-17 production aircraft.
Authorizes the Secretary of the Air Force to sell components or other material procured during FY 1990 through 1992 for advance procurement for F-16 aircraft and use such proceeds for procurement of spare parts and support equipment for such aircraft.
Subtitle E: Defense Agency Programs - Earmarks specified funds made available by this Act for defense agency procurement as funding for certain tactical intelligence programs, with limitations.
Requires operational test and evaluation and survivability testing of certain helicopter programs to be completed prior to their release for operational use.
Subtitle F: Strategic Programs - Prohibits the obligation of funds for the advance procurement of Trident II missiles until a certain cost savings report has been submitted to the defense committees.
Directs the Secretary to prepare and implement a plan for testing the survivability and operational effectiveness of nonstealth heavy bombers against potential targets, as well as defenses that such bombers might encounter during conventional conflicts during the next 20 years. Requires a report. Prohibits the Secretary from obligating funds for the procurement of the CORE electronic countermeasures system until such report is received and the Secretary makes certain certifications to the defense committees with respect to the operational suitability and effectiveness of such system.
Earmarks specified Air Force procurement funds under this Act for procurement for the B-2 bomber aircraft program, limiting the deployment of such aircraft to 20 plus one test aircraft. Limits the obligation of funds for such aircraft until the Secretary has made certain reports and certifications to the defense committees with respect to the performance and survivability assessment of such aircraft, as well as total costs.
Directs the Secretary to develop, and report to the defense committees on, a strategy for achieving substantial reductions in the cost of developing, acquiring, and supporting space systems operated by the Department of Defense (DOD).
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through October 1, 1993, the deadline for a study and report by the Secretary concerning the Ground Wave Emergency Network.
Subtitle G: Chemical Demilitarization Program - Amends the Department of Defense Authorization Act, 1986 to extend through December 31, 2004, the deadline for the elimination by DOD of the existing stockpile of lethal chemical agents and munitions. Directs the Secretary of the Army to report to the Congress on the potential alternatives to the use of the Army's baseline disassembly and incineration process for the disposal of such agents and munitions. Prohibits the Army from carrying out any site preparation for such disassembly or incineration until such report is received, with exceptions. Requires the Secretary of the Army to report to the Congress on the Army's plans for destroying all chemical warfare material that would be required to be destroyed if the United States became a party to a chemical weapons convention (a group of countries requiring the destruction by its members of specified binary chemical weapons and munitions).
Directs the Secretary of the Army to report to the Congress on the physical and chemical integrity of the existing chemical weapons that are contained in U.S. chemical weapons stockpiles and stored within eight chemical weapons storage sites within the United States.
Subtitle H: Authorization of Appropriations - Authorizes appropriations to the National Guard and reserve for the procurement of specified aircraft, night vision goggles, airborne radio systems, truck service life extension programs, and certain administrative support.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorizations - Authorizes appropriations for FY 1993 for the armed forces, the defense agencies, the Deputy Director of Defense Research and Engineering, and the Director of Operational Test and Evaluation for research, development, test, and evaluation (R&D). Earmarks specified amounts of such authorization for: (1) basic research and exploratory development projects; (2) manufacturing technology development; and (3) the Strategic Environmental Research and Development Program.
Subtitle B: Program Requirements, Restrictions, and Limitations - Sets forth program requirements, restrictions, or limitations with respect to the V-22 Osprey aircraft program. Directs the Commandant of the Marine Corps to report to the defense committees on the crash of such aircraft prototype that occurred on July 20, 1992. Limits to 50 percent the available FY 1993 authorized funds for such aircraft until such report is received. Earmarks specified FY 1993 R&D funds for R&D in connection with the special operations variant of such aircraft.
Directs the Secretary to specify in the FY 1994 defense budget a separate program element for electronic warfare programs involving ship self-defense.
Subtitle C: Missile Defense Program - Amends the Missile Defense Act of 1991 to revise provisions concerning the implementation of the U.S. goal of deploying an antiballistic missile system capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles. Directs the Secretary to transfer management and budget responsibility for R&D of all far-term follow-on technologies with respect to missile defense technology from the Strategic Defense Initiative Organization to the Defense Advanced Research Projects Agency (DARPA) or the appropriate military department, unless he determines and certifies to the Congress that transfer of a particular technology currently under the Organization would not be in the national security interests. Removes the current reference to the goal of the establishment of capable theater missile defense systems by FY 1996, while limiting R&D of follow-on technologies for such systems to those not likely to be incorporated into weapons within ten to 15 years after the date of enactment of such Act (December 5, 1991).
Earmarks for obligation to the Strategic Defense Initiative (SDI) specified amounts of the total amount appropriated or made available to DOD for FY 1993. Earmarks such amounts to specific program elements of SDI. Authorizes the Secretary to transfer such specified amounts among the program elements, with limitations. Requires the Secretary to report to the defense committees on the allocation of funds appropriated for SDI for FY 1993.
Places certain limitations on the obligation or expenditures of FY 1993 DOD funds for the development or testing of antiballistic missile systems or components, or the acquisition of material or equipment required for such development or testing.
Limits to $100,000,000 the amount of FY 1993 DOD appropriated funds that may be expended for the procurement of support services for SDI.
Subtitle D: Other Matters - Earmarks specified FY 1993 DOD R&D funds for the medical component of the Biological Defense Research Program of DOD, with limitations.
Earmarks specified FY 1993 DOD R&D funds for: (1) activities of the Technical Support Working Group on Counter-Terrorism; and (2) cooperation with other NATO members and major non-NATO allies.
Requires manufacturing technology development programs conducted by or for DOD to include a focus on production technologies designed to build on and expand existing worker skills and experience in manufacturing production.
Title III: Operation and Maintenance - Subtitle A: Authorizations of Appropriations - Authorizes appropriations for FY 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserve components of the armed forces, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, humanitarian assistance, the Defense Health Program, and support for the 1996 summer Olympics, the 1993 World University Games, and the 1994 World Cup Games. Authorizes appropriations for FY 1993 for working capital funds of the armed forces and the defense agencies.
Authorizes appropriations for FY 1993 from the Armed Forces Retirement Home Trust Fund for the operation of the Armed Forces Retirement Home.
States that funds authorized under this Act for humanitarian assistance shall be used to provide transportation for humanitarian relief for the people of Afghanistan and Cambodia, and for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Earmarks specified sums for noncombatants at or near the border between Thailand and Cambodia. Authorizes the Secretary to transfer specified sums to the Secretary of State for FY 1993 for providing such humanitarian assistance, requiring the Secretary of State to use the most economical commercial or military transportation possible. Requires the Secretary of Defense to report to specified congressional committees on specified dates on the provision of such assistance. Requires the Secretary to notify specified congressional committees of his intention to transport humanitarian relief to a country to which such transportation has not been specifically authorized by law.
Authorizes the Secretary to provide logistical support and personnel services in connection with the 1994 World Cup Games, with a limitation.
Authorizes the Secretary to transfer funds from the Defense Business Operations Fund and the National Defense Stockpile Transaction Fund to appropriations for operation and maintenance for FY 1993, with specified amounts earmarked to each military department.
Subtitle B: Environmental Provisions - Requires the Director of the Defense Logistics Agency to evaluate, and report to the defense committees on, the use of class I and II substances (chlorofluorocarbons and halons) by the military departments and defense agencies.
Prohibits any DOD contract awarded, modified, amended, or extended on or after June 1, 1993, from including a specification or standard that requires the use of a class I ozone-depleting substance unless the specification or standard is approved by the senior acquisition official for the procurement covered by the contract because a suitable substitute for such ozone-depleting substance is not currently available. Requires certain action to be taken by an official granting such an approval, including reports to the Secretary and notifications to the defense committees. Authorizes the Secretary to reimburse a contractor for reasonable costs incurred in providing a substitute for a class I ozone-depleting substance in the awarded contract.
Requires the Secretary of a military department to ensure that contracts entered into by such Secretary for environmental restoration activities at a current or former military installation provide for the military department and the contractor to share the risk of liability resulting from such restoration activities. Provides for contracting implementation of such risk-sharing requirement. Directs the Secretary to report to the defense committees on its implementation.
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide that, in the case of real property owned by the United States that is part of a military installation to be closed, the head of the department or agency with jurisdiction over such property shall identify the real property on which neither hazardous substances nor petroleum products or their derivatives were stored for one year or more, are known to have been released, or were disposed of. Outlines identification procedures and deadlines. Requires a deed for the transfer or sale of such identified property to contain a covenant stating that any corrective action found to be necessary from the presence of hazardous substances or petroleum products on such property shall be conducted by the United States, with access to such property to take such corrective action as necessary. Requires the appropriate agency or department head having jurisdiction over a property used as a military facility on which any hazardous substance or petroleum product or its derivatives was stored for one year or more, is known to have been released, or was disposed of, and on which the United States plans to terminate military operations, to notify the State in which such property is located of any lease entered into by the United States that will encumber the property beyond the date of termination of operations on such property.
Directs the Secretary to defend, indemnify, and hold harmless any State, political subdivision, or person that acquires ownership or control of a facility of a military installation against any actions arising out of the release or threatened release of any hazardous substance or pollutant or contaminant as a result of DOD activities at any military installation that is closed pursuant to a base closure law, unless such entity or person caused or contributed to such release or threatened release.
Prohibits the use of FY 1993 environmental restoration funds for the payment of fines or penalties unless the act or omission for which the fine or penalty is imposed arises out of activities funded by those funds.
Includes environmental restoration contracts of DOD (currently only R&D contracts) within provisions providing contractor indemnification for claims from an unusually hazardous risk taken by the contractor in fulfilling such contract.
Amends CERCLA and other Federal law to extend through December 31, 1995, the authority to issue contractor surety bonds for the performance of environmental response actions in connection with certain defense environmental programs.
Prohibits funds appropriated or otherwise made available to DOD for FY 1993 from being used to purchase surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD.
Establishes the Legacy Fellowship Program in Natural and Cultural Resource Management (Program) to provide training to civilian and military personnel in the management of natural and cultural resources. Requires at least three fellows to be appointed for participation in such Program. Provides Program funding from FY 1993 DOD authorizations.
Authorizes supplemental appropriations for FY 1992 and 1993 for environmental restoration, defense, and the Department of Defense Base Closure Account 1990.
Subtitle C: Defense Economic Diversification, Conversion, and Stabilization - Amends the Defense Economic Diversification, Conversion, and Stabilization Act of 1990 to require the Secretary of Defense to be chairman of the Economic Adjustment Committee. (Currently, such chairmanship rotates between the Secretaries of Defense, Commerce, and Labor on a yearly basis.) Directs the Chairman to establish an Executive Council of such Committee to develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to them under programs administered by the Departments of Defense, Commerce, and Labor and the Small Business Administration (SBA). Requires notification to be provided to affected communities, businesses, and workers with respect to the lack of any follow-on contracts or other defense-related contract activity.
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authorization of appropriations for certain defense stabilization activities outlined under such Act. Provides an identical extension under such Act with respect to defense conversion adjustment.
Directs the Secretary, in consultation with the Secretary of Education, to provide financial assistance to local educational agencies (LEAs) if, without such assistance, such LEA will be unable to provide students in schools of such LEA with a level of education that is equivalent to the minimum level of education available in the schools of the other LEAs in the same State. Outlines additional eligibility requirements. Directs the Secretary, in assisting communities in making adjustments resulting from reductions in the size of the armed forces, to transfer to the Secretary of Education funds to make payments to LEAs that are entitled to receive educational benefits for children of persons who reside or work on Federal property, who are on active duty in the armed forces, or who are refugees. Directs the Secretary to report to the Congress on the LEAs affected by the closures and realignments of military installations and by redeployments of members of the armed forces. Provides funding for such payments to eligible LEAs through FY 1993 DOD operation and maintenance authorizations.
Maintains at 100 percent of the payment to a LEA for the preceding fiscal year the funding for the succeeding fiscal year for educational aid for children of persons who reside on Federal property, including children of members of the armed forces, when the number of such children are reduced due to a curtailment in activities on such Federal property.
Directs the Secretary of Labor to reserve at least ten percent of the funds appropriated for the defense conversion adjustment program to make grants to States to reimburse States for funds expended in delivering assistance to eligible dislocated workers adversely affected by reductions in defense expenditures or by closures of military installations, as determined by the Secretary of Defense. Requires, under such assistance provisions, the Secretary to provide six months' advance notice to a defense contractor of any cancellation or substantial reduction in a defense contract that will adversely affect such contractor. Requires each such contractor to then notify the employee representative (or the employee in the absence of a representative) and the State dislocated worker unit or office, as well as the chief elected official of the local unit of government involved. Makes such notice constructive notice to affected employees for purposes of eligibility for dislocated worker assistance, except when the employer specifies that the loss of such contract is not likely to result in plant closure or massive layoffs.
Provides that, in each case where the Secretary is required to transfer funds to another Federal department or agency to fund programs which provide assistance to workers adversely affected by reduced defense spending or the closures or realignments of military installations, the Secretary shall make such transfer as expeditiously as possible.
Requires ten percent of the amount available to DOD for FY 1993 for the Office of Economic Adjustment to be available for providing financial assistance for economic adjustment planning in areas in which a substantial portion of the economic activity is dependent on DOD expenditures.
Subtitle D: Department of Defense Civilian Personnel Transition Initiatives - Requires the Secretary of the military department concerned, if such Secretary separates an employee from employment under a reduction in force and within two years after such separation seeks to employ a person for that same position or a position in the same competitive area, to first offer the separated employee such position, and to not employ a contract or temporary employee in the position. Requires the Secretary concerned, in seeking to reemploy separated employees but not in a sufficient number to reemploy all such employees, to offer reemployment on the basis of seniority in Federal service.
Directs the Office of Personnel Management (OPM) to establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency (except the General Accounting Office and agencies conducting intelligence activities) that are to be filled by appointments for more than one year and for which applications are being accepted from outside the agency work force. Requires such list to be available to the public. Requires the Director of OPM to begin providing such information by toll-free telephone within 120 days after enactment of this Act.
Requires an agency, in filling a vacant position for which a qualified displaced employee (a current or former DOD employee notified of termination or separated from employment due to a reduction in force) has properly applied, to give full consideration to such application before selecting any applicant from outside the agency. Provides such preference for 12 months after notice or separation.
Requires certain notification to be given, in the case of employees released from employment due to a reduction in force: (1) to the employee; (2) to his or her collective bargaining representative; and (3) if the reduction involves a significant number of employees, to the appropriate State dislocated worker unit and the chief official of the local government concerned. Authorizes the President to shorten the otherwise-required 60-day period of advance notification of such reductions in force because of circumstances not reasonably foreseeable.
Amends the Defense Base Closure and Realignment Act of 1990 to provide that the date of notice of termination of employment of an employee of a military installation being closed or realigned under a base closure law (for purposes of determining eligibility for defense conversion adjustment assistance under the Job Training Partnership Act) shall, unless actual notice of termination is given, be 12 months before the closure or realignment is completed. Makes an identical amendment to the Defense Authorization Amendments and Base Closure and Realignment Act.
Authorizes the Secretary concerned to pay a civilian employee having been employed for a continuous period of at least 12 months a separation benefit if such employee separates voluntarily from employment by either resignation or retirement. Outlines administrative provisions concerning the payment of such separation benefit, and prohibits such payment for a separation occurring after December 31, 1997.
Restores certain leave of a Federal civilian employee of a military installation during the closure of such installation between October 1, 1992, and December 31, 1997. Requires certain reports.
Provides for the continuation of certain Federal employee health benefits if the basis for such continuation of coverage is involuntary separation from a DOD position due to a reduction in force, limiting the individual to payments of no more than the required employee contributions for such coverage. Applies Thrift Savings Plan and Civil Service Retirement System benefits to employees (and their spouse) separated from service due to a reduction in force.
Authorizes the Secretary and the Secretaries of the military departments to provide up to one year of training to civilian DOD employees who are separated from employment as a result of a reduction in force or the closure or realignment of a military installation. Allows such training between October 1, 1992, and September 30, 1995. Directs the Secretary to publish a register of the skill training programs carried out by DOD.
Directs the Under Secretary of Defense for Acquisition to report to the Congress on matters relating to the provision by DOD contractors of continuing health benefits coverage to employees of such contractors who are involuntarily separated from such employment by reason of the termination or curtailment of defense contracts.
Subtitle E: Other Matters - Extends through April 15, 1994, the authorized period of management by the Secretary of the Defense Business Operations Fund (DBOF). Limits the obligations authorized to be incurred by the Secretary in FY 1993 against the supply management divisions of the DBOF, with an exception when determined critical to U.S. national security.
Extends through FY 1994 a required annual report from the Secretary concerning the security and control of DOD supplies. Adds to the information required in such report.
Repeals a Federal provision requiring the Secretary to establish guidelines for reductions in the number of civilian DOD employees employed by industrial- or commercial-type activities.
Directs the Secretary of the Army to provide for: (1) the operation and maintenance of indoor and outdoor rifle ranges; (2) the instruction of U.S. citizens in marksmanship and the employment of appropriate instructors; (3) the maintenance and management of matches or competitions in the use of such arms and the issue of necessary supplies; (4) the award of trophies; (5) the loan or sale of rifles and their ammunition and related equipment; and (6) the maintenance of the National Board for the Promotion of Rifle Practice. Authorizes such Secretary to issue for use in training and competition certain ammunition to qualifying gun clubs. Provides that amounts collected by such Secretary in the sale of guns and related supplies and ammunition shall be used to support the Civilian Marksmanship Program. Authorizes appropriations.
Requires all rifle ranges constructed in whole or in part with funds provided by the United States to be used by members of the armed forces and persons capable of bearing arms. Authorizes the Secretary concerned to establish reasonable fees for use by civilians of a rifle range located on a military installation, to cover material and supply costs. Requires such fees collected to be used to maintain such rifle range. Prohibits civilian use of such range from interfering with any required military use.
Provides for the payment of certain expenses of members of the armed forces competing at matches or competitions or attending small-arms firing schools.
Allows funds authorized under this Act for operation and maintenance to be used to purchase items not exceeding $100,000 for each item.
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authority for aviation depots and naval shipyards to engage in defense-related production and services.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal a requirement for a competition pilot program for the depot-level maintenance of materials.
Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to provide optional summer school programs in the defense dependents' education system.
Directs the Secretary to review the practices and procedures of the military departments regarding the use of civilian airfields in flight training activities of the armed forces, giving special consideration to airfields located in heavily populated areas.
Directs the Secretary to sell to South Korea all or any part of obsolete ammunition in DOD inventory which is intended for use as reserve stocks for South Korea and is located in a stockpile in Korea on the date of enactment of this Act.
Authorizes the Secretary to acquire logistic support, supplies, and services for elements of the armed forces deployed outside of the United States (currently, deployed in Europe and adjacent waters). Excepts a period of active hostilities involving the armed forces (currently, NATO) from a provision concerning the liabilities that may be accrued by the United States for the acquisition of supplies.
Directs the Secretary of a military department or the head of a defense agency, when cost effective, to provide a preference for the procurement of the most energy efficient equipment available that meets the needs or requirements for the procurement. Directs the Secretary, using 50 DOD facilities, to conduct demonstration programs for using energy efficient lighting and refrigeration equipment. Requires audits. Requires facility designations and audit completions by specified dates.
Earmarks specified Army operation and maintenance funds under this Act for a study of the feasibility of providing a residential program for military dependents with severe behavior disorders at Madigan Army Medical Center.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Authorizes the Secretary to waive an end strength when considered necessary to prevent personnel imbalances that would impair long-term combat readiness. Authorizes the Secretary to transfer certain amounts appropriated to DOD under this Act in order to prevent involuntary separations that would otherwise be necessary to reduce the size of an armed force to within the authorized end strength. Requires the Secretary to promptly notify the Congress of any such transfers. Authorizes the Secretary to adjust end strengths in the national interest, with limitations to such adjustments for both active-duty and reserve forces.
Repeals specified provisions of the National Defense Authorization Act for Fiscal Year 1991 and the National Defense Authorization Act for Fiscal Years 1992 and 1993 which limit reductions in the number of DOD medical personnel.
Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to designate up to eight general and flag officer positions within joint duty requirements for exclusion from limitations on the end strengths for general and flag officers on active duty.
Subtitle B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Allows such end strengths to be reduced in proportion to the total amount of reserve members on active duty, with a proportionate increase when such personnel return to reserve duty. Prohibits, with specified exceptions, any unit of the Selected Reserve from being inactivated during FY 1993. Requires the Secretary to provide the defense committees with the rationale for any unit inactivation sought. Authorizes end strengths for FY 1993 for reserve personnel serving on active duty in support of the reserves.
Subtitle C: Military Training Student Loads - Authorizes the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act.
Subtitle D: Funding Authorization - Authorizes appropriations for FY 1993 for the use of the armed forces for military personnel.
Title V: Military Personnel Policy - Subtitle A: Reserve Component Matters - Directs the Secretary to ensure that, by the end of FY 1993, a specified number of active Army combat support positions are transferred to the reserve components of the Army.
Prohibits the Secretary from reducing the number of Army National Guard or Army Reserve medical personnel below the number existing on September 30, 1992.
Extends through FY 1993 certain reserve officer management programs.
Prohibits former Army or Air Force reserve officers from being reenlisted if: (1) the person was discharged or released from active duty as a reserve on the basis of misconduct, moral or professional dereliction, duty performance below prescribed standards, or retention being inconsistent with national security; or (2) the person's former enlisted status and grade was based solely on the participation in a precommissioning program that resulted in the reserve commission held by such person before release or discharge.
Directs the Secretary to conduct a study of, and report to the defense committees on, the economic and other effects on members of the reserve and National Guard who were self-employed or owners of small businesses of being absent from such businesses while serving on active duty in connection with Operations Desert Shield and Desert Storm.
Subtitle B: Service Academies - Prohibits the use of funds appropriated to DOD to support the assignment of more than one general officer to permanent duty at the United States Military Academy and at the United States Air Force Academy or to support the assignment of any general officer in a grade above general to permanent duty at either Academy. Provides a transition provision. Allows the Chairman of the JCS to waive such prohibition to meet unsatisfied requirements for general officer joint duty positions.
Directs the Secretary to report to the defense committees a plan for implementing certain recommendations reported by the Comptroller General regarding military preparatory schools.
Directs the Secretary to recommend to the defense committees legislation for: (1) establishing an equal number of civilian and military faculty members at the U.S. Military Academy and the U.S. Air Force Academy; and (2) phasing out the assignment of military personnel as permanent professors at those academies.
Prohibits funds appropriated to DOD from being used to support the assignment of enlisted personnel for permanent duty in a military band for any service academy band.
Prohibits funds made available for the pay of military personnel from being used to pay for noninstructional positions at the service academies not certified by the DOD Inspector General as being directly involved in the administration of the faculty or students or in the maintenance of facilities or equipment.
Requires each service academy to be under the supervision and control of the commander of the major Army, Navy, or Air Force command having jurisdiction over that department's officer training program.
Subtitle C: Officer Personnel Policy - Directs the Secretary to report to the defense committees on the plans of the military departments for the procurement of officer personnel during each of FY 1993 through 1997. Requires a related report on planned officer assignments for commissioned officers who begin their obligated active duty service during such fiscal years.
Directs the Secretary to provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each department and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system. Requires a report and provides funding.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to require the conduct of test assignments of female members of each armed force to duty in combat aircraft.
Revises provisions concerning selective early retirement to authorize the Secretary concerned to submit to an early retirement selection board the names of all eligible officers who are also in particular year groups, specialties, or retirement categories, or any combination thereof within that competitive category.
Provides for the retirement of certain limited duty Navy captains and commanders who have failed twice for promotion to the following grade. Limits the duration of a deferred retirement for such limited duty Navy officers.
Subtitle D: Active Forces Transition Enhancements - Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations.
Directs the Secretary to: (1) develop proposed uniform standards and procedures for the granting of appropriate credit for service in the armed forces under State teacher certification or licensing procedures; and (2) coordinate with appropriate State agencies the incorporation of such standards and procedures into such State's certification or licensing requirements. Authorizes the Secretary to delegate his responsibilities to the Secretary of Education.
Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995.
Authorizes the Secretary concerned, upon the member's request, to grant an early retirement to regular or reserve commissioned officers in their respective military departments who have served between 15 and 20 years, as long as such members agree to register on the public or community service registry maintained under this Act by the Secretary and to receive counseling regarding such job opportunities. Provides for the computation of the retired pay of members so retired and provides funding for the implementation of such early retirement. Terminates such authority on October 1, 1995. Provides that if a member so retired is actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service which includes the years of public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for the purpose of payment of survivors annuities.
Allows active-duty personnel who are voluntarily discharged or released from the armed forces, who have completed a program of education leading to a standard college degree, and who previously made an election while on active duty not to participate in the Montgomery GI Bill educational assistance program to withdraw such election within 90 days after discharge or release and participate in the program. Requires a $1,200 payment to the Secretary of Veterans Affairs by such individuals for participation in the program.
Provides that, except for annual training or active duty for training of 30 days or less, a reserve member entitled to voluntary separation incentive payments who is also entitled to basic pay for active service shall forfeit an amount of voluntary separation incentive pay which is equal to the total amount of basic pay received during such concurrent periods.
Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty.
Directs the Secretary and the Director of OPM to jointly carry out a program to provide eligible persons with temporary health benefits under the program of continued health coverage provided for former civilian employees of the Government. Makes eligible for such continued coverage members who were voluntarily or involuntarily discharged or released from active duty under other than adverse conditions, were entitled to medical and dental care prior to such discharge or release, and would not otherwise be eligible for such benefits after such discharge or release and any applicable period of transitional health care. Outlines provisions concerning: (1) notification by the Director of eligibility; (2) election by the member to receive such continued benefits; (3) coverage of dependents; (4) charges for such coverage, to be paid into the Employees Health Benefits Fund; (5) contributions into such Fund by the Secretary in the case of coverage for a member involuntarily discharged; (6) the period of continued coverage; (7) transitional provisions; and (8) termination of other health conversion policies upon election of coverage under the above health benefits continuation program.
Subtitle E: Guard and Reserve Transition Initiatives - Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction transition period (period), no unit in the Selected Reserve may be inactivated and no such member may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly with respect to their service to their country and with attention to the adverse personal consequences of unit deactivation or involuntary discharges or transfers. States that the protections afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay.
Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length of such annual payments as well as its computation. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides funding.
Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date and before October 1, 1995, has completed at least 15 years of services and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service.
Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and who are involuntarily discharged or transferred from the Selected Reserve.
Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the period.
Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for one year after such cessation or one year after the enactment of this Act, whichever is loc later prohibition.
Increases from 120 to 365 days after the involuntary termination as a member of the Selected Reserve the period during which continued coverage under Servicemen's Group Life Insurance will be provided, as long as such member is able to fulfill certain other requirements for eligibility for such insurance.
Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of the service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions.
Subtitle F: Other Matters - Provides for retention on active duty until the completion of 20 retirement-eligible years of service for certain enlisted regular and reserve members who have completed at least 18, but less than 20 years of such creditable service.
Reduces from 300 to 240 the authorized number of enlisted aides. Allows the assignment as an enlisted aide to the personal staff of an officer only if such officer is a commander.
Limits the authorized amount of FY 1993 DOD funds that may be expended for the costs of permanent changes of station.
Reduces the number of personnel authorized to carry out recruiting activities during FY 1994 to 90 percent of that authorized for FY 1992.
Limits to 3,500 the total number of Junior Reserve Officers' Training Corps units that may be established and maintained by the military departments. Authorizes the Secretary concerned to pay the entire amount of such educational costs to an institution if the Secretary determines such to be in the national interest and the interest of the community of that institution.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives during FY 1993 a required pay increase for military personnel in conformity with the annual GS-level increase for the Federal Government. Increases by 3.7 percent the rates of basic pay, basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1993.
Provides temporary rates of basic pay for the period after December 31, 1992, and before October 1, 1995, for certain noncommissioned officers and warrant officers and for certain colonels and Navy captains.
Extends through FY 1993: (1) the enlistment and reenlistment bonus for members possessing critical skills; (2) the aviator retention bonus; (3) the bonuses for reserve enlistments, reenlistments, affiliations and extensions; (4) the special pay authority for enlisted members of the Selected Reserve assigned to high priority units; (5) the period for repayment of education loans for certain health professionals who serve in the Selected Reserve; (6) the accession bonus for registered nurses; (7) the nurse candidate accession program; and (8) the special pay for nurse anesthetists.
Subtitle B: Other Matters - Directs the Secretary to report to the defense committees the Secretary's recommendations for legislation permitting the concurrent payment to members and former members of the armed forces of full military retirement benefits and full compensation for service-connected disabilities payable under laws administered by the Secretary of Veterans Affairs. Directs the Secretary to reserve in a DOD contingency fund a sufficient amount to ensure such concurrent payments in FY 1994 if such legislation is enacted.
Expands the expenses considered reimbursable under a DOD adoption expenses programs covering members adopting a child under 18 years of age to include expenses relating to pregnancy and childbirth for the biological mother and temporary foster care charges when payment of such charges is required immediately before the child's placement. Includes transportation expenses relating to the adoption, with exceptions. Makes identical expansions under the Coast Guard adoption expenses coverage program.
Prohibits any person from having any lien on baggage and household goods being transported for military personnel at Government expense or on a motor vehicle being so transported.
Authorizes the payment of an advance of pay of up to two months' basic pay to a member on duty outside the United States or other place designated by the President if the member or his or her dependents are ordered to be evacuated by competent authority.
Provides an increase in a recomputed retirement pay for certain enlisted members credited with extraordinary heroism in the line of duty during a period of active service.
Includes certain travel and transportation allowances within the benefits authorized under the special separation benefits program (a program of voluntary separation from the armed forces in return for the receipt of certain benefits).
Authorizes the payment of retired pay for a person who, before August 16, 1945, was a member of the reserves, if such person performed at least 20 years of retirement-creditable service. Excludes certain service before such date in the computation of retirement-creditable service.
Provides a subsistence for expenses incurred by a member of the armed forces while performing duties as an escort of an arms control inspection team of a foreign country while the team is engaged in activities relating to the implementation of an arms control treaty or agreement.
Title VII: Health Care Provisions - Authorizes a chiropractor who is qualified under regulations prescribed by the Secretary of the military department concerned to be appointed as a regular commissioned officer in the Army Medical Service Corps, the Navy Medical Corps, or in the Air Force for designation as a chiropractic officer.
Revises the dependents' dental program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) by: (1) repealing the authority for the provision of a supplemental dental benefits plan for spouses and children of active-duty personnel; (2) increasing to up to $20 monthly (currently $10) the member premium for such coverage; (3) expanding such coverage to include orthodontic services, crowns, gold fillings, bridges, and complete or partial dentures; (4) requiring a percentage payment as determined appropriate by the Secretary for the services provided under such expanded coverage; and (5) directing the Secretary to devise and implement a program for the improvement of the provision of dental benefits to such members' dependents.
Expresses the sense of the Congress that members of the armed forces, and their dependents and survivors, should have access to health care under the health care delivery system of the armed forces regardless of age or health care status. Outlines specified action to be taken under a comprehensive managed health care plan for such individuals by the Secretaries of Defense, Health and Human Services, and Transportation.
Directs the Secretary to establish a joint services working group on the provision of military health care to persons who rely for health care on health care facilities at military installations being closed or realigned. Requires the working group to solicit views from those affected by such closures or realignments regarding suitable substitutes for such care. Requires the working group to recommend to the Congress and the Secretary alternative means of providing accessible health care to such individuals.
Directs the Secretary to: (1) establish a program that permits eligible individuals to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under CHAMPUS; and (2) conduct the program in two or more regions, each region consisting of two or more States. Defines as persons eligible for such program any person entitled to medical care under a CHAMPUS contract, or a person over 65 years of age and living in an area affected by the closure of a health care facility as a result of the closure or realignment of a military installation at which the facility is located. Requires: (1) a fee to be charged individuals for the pharmaceuticals; and (2) a report.
Directs the Secretaries of Defense, Health and Human Services, and Transportation to conduct annually a formal survey of CHAMPUS beneficiaries with regard to the availability of, familiarity with, and effectiveness of, such health care system.
Reduces from $10,000 to $7,500 the maximum yearly cost of CHAMPUS health care required to be paid by a former member of the armed forces or an individual or family of two or more persons, effective as of FY 1993.
Includes certain renal disease patients under Medicare coverage under an exception authorizing the continuation of concurrent CHAMPUS coverage for such patients. Applies such concurrent coverage with respect to health care benefits or services received after FY 1991 if such benefits would have been covered under a plan contracted for under CHAMPUS.
Allows home health services and other services in connection with extraordinary physical or psychological conditions to be provided through CHAMPUS only through a program of individualized case management established by the Secretary and in a manner determined to be cost-effective and appropriate.
Directs the Secretary to: (1) conduct a study of the feasibility and advisability of entering into risk-sharing contracts with health care organizations to furnish health care services to person entitled to such care in a military health care facility; (2) if determined feasible, develop a plan for entering into such contracts; and (3) report study results to the Congress.
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to undertake a comprehensive review of the Federal employees health benefits program in order to determine whether furnishing health care under a similar program to CHAMPUS-eligible persons would be more efficient and cost-effective.
Directs the Secretary to provide by contract for the operation of a health claims processing center to be known as the National Centralized Claims Processing System for CHAMPUS (Center). Requires: (1) the Center to commence operations within five years after enactment of this Act; and (2) competitive procedures for entering into such a contract. Outlines Center information collection, storage, and processing activities. Requires claims submitted to conform to requirements applicable to claims submitted under part A of Medicare. Requires the Secretary to determine whether the use of a standard identification card containing electronically readable information will enhance the capabilities of the Center.
Directs the Secretary, during FY 1993 through 1996, to continue to test a broad array of reform options for furnishing health care to eligible persons under the CHAMPUS health care reform initiative. Directs the Secretary to ensure that a replacement or successor contract for the CHAMPUS Reform Initiative contract applicable for California and Hawaii is awarded in time to begin provision of health care there under the new contract by August 1, 1993.
Directs the Secretary to provide by contract for a person outside the Government to perform an evaluation of the conduct of the CHAMPUS Reform Initiative in California and Hawaii and to report evaluation results to the Secretary and the Congress.
Directs the Secretary to modify the Policy Guidelines on the Department of Defense Coordinated Care Program to provide covered beneficiaries with additional positive incentives to enroll in the DOD coordinated care program. Directs the Secretary, as part of such incentive review, to consider the extent to which covered beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval. Prohibits the Secretary from denying access to military treatment facilities to those not enrolled in the program, while allowing the Secretary to establish reasonable admission preferences for those enrolled in the program as an incentive to encourage enrollment.
Excludes certain unmarried incapacitated legitimate children of members or former members of the armed forces from CHAMPUS coverage.
Entitles a member of the armed forces who is on duty at a station outside the United States (and any accompanying dependent) to the provision of any reproductive health service in a military medical facility outside 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 receiving such care if appropriated funds may not be used for such service.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Defense Conversion Policy for the National Defense Technology and Industrial Base - Sets forth provisions concerning the National Defense Technology and Industrial Base (NDTIB). Outlines NDTIB policy objectives and how they relate to defense conversion and civil-military integration objectives. Establishes the National Defense Technology and Industrial Base Council (Council) to provide overall policy guidance and direction to the military departments and defense agencies concerning: (1) the capabilities of the NDTIB to meet U.S. national security objectives; (2) programs for achieving the defense conversion objectives set forth; and (3) changes in acquisition policy that would strengthen the NDTIB. Directs the Council to prepare a comprehensive annual assessment of the NDTIB to achieve its stated objectives. Requires each assessment to include a sector (technology or industry) capability analysis containing specified information with respect to its ability to achieve the stated objectives. Outlines factors concerning foreign dependency on raw materials, systems, equipment, and facilities to be addressed in each assessment. Requires each such assessment to also include: (1) an analysis of the present and projected financial condition of each sector for specified periods; (2) an analysis of the impact of the terminations and significant reductions of major R&D and procurement programs of DOD on the capability of each sector to achieve its objectives; (3) a critical technology analysis that identifies the product and process technologies that are most critical for attaining the technology and industrial base objectives; and (4) an analysis of each sector's viability in light of defense and nondefense expenditures, integration with the commercial marketplace, and production.
Directs the Council to prepare an annual plan for ensuring that the policies and programs of DOD, the Department of Energy (DOE), and other Federal departments and agencies are planned, coordinated, funded, and implemented in a manner which achieves policy objectives. Requires each plan to provide specific guidance, including goals, milestones, and priorities, with respect to: (1) sector viability; (2) manufacturing technology; (3) critical technologies; (4) integrated financing; (5) civil-military integration; (6) defense conversion; (7) technology and industrial base work force; (8) major program acquisition; and (9) acquisition reform. Requires the plan to establish funding priorities for each area of guidance. Directs the Secretary to provide the annual plan to the Secretaries of the military departments and the heads of other affected elements of DOD. Directs the Secretaries of Energy and Commerce to provide such guidance to appropriate officials within their respective departments. Requires an annual report by the Secretary to the Congress on the plan and the NDTIB assessment prepared for that year.
Directs the Council to establish a federally funded R&D center to be known as the National Defense Program for Analysis of the Technology and Industrial Base (NDP). Outlines NDP missions with respect to the NDTIB, including assembling of information, studies and analyses, provision of technical support and assistance, and dissemination of unclassified information gathered.
Directs the Secretary to prescribe regulations requiring consideration of the NDTIB in the development and implementation of acqusition plans for each major defense acquisition program. Outlines required contents of such acquisition plans, implementation provisions, and required dates for annual assessments of such plans. Requires the Council to establish the NDC within six months after enactment of this Act.
Sets forth provisions concerning dual-use technologies (technologies having both commercial and military applications). Directs the Secretary to conduct a program providing for the establishment of cooperative arrangements (partnerships) between DOD and certain non-DOD entities (nonprofit research corporations, federal laboratories, institutions of higher education, agencies of State governments, and other entities showing support for such work) in order to encourage and provide for research, development, and application of technologies to attain the NDTIB objectives. Limits partnership duration to five years. Provides 50 percent Federal funding of the partnership for the first year, reduced by ten percent each year of the partnership. Provides for consideration of in-kind contributions by non-Government participants in a partnership when determining the sharing of partnership costs. Requires competitive procedures to be used in the establishment of such partnerships. Outlines partnership selection criteria and authorizes the Director of Defense Research and Engineering to perform the responsibilities of the Secretary under the partnerships. Renames the current critical technology application centers assistance program as the regional technology alliances assistance program. Provides funding for: (1) defense dual-use critical technology partnerships; (2) commercial-military integration partnerships; (3) defense regional technology alliances; and (4) the overseas critrical technology monitoring and assessment financial assistance program.
Directs the Secretary to establish within his Office the Office of Technology Transition to ensure that technology developed for national security purposes is integrated into the private sector of the United States in order to enhance the NDTIB. Provides further duties of the Office and requires the Secretary to report to the defense committees on Office activities. Requires such Office to commence operations within 180 days after enactment of this Act.
Directs the Secretary to establish a National Defense Manufacturing Technology Program to: (1) provide centralized guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; (2) direct the development and implementation of DOD goals, plans, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment; (3) improve the quality and practices of businesses providing goods and services to DOD; (4) promote dual-use manufacturing processes; (5) disseminate to businesses information concerning improved manufacturing concepts; (6) enhance the skills of the manufacturing work force; and (7) ensure appropriate coordination between the manufacturing technology and industrial preparedness programs of DOD and similar programs undertaken by other Federal departments and agencies and the private sector. Requires the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the manufacturing technology program. Earmarks specified amounts authorized for R&D under this Act for: (1) defense advanced manufacturing technology partnerships; (2) manufacturing technology extension programs; and (3) defense manufacturing education programs.
Sets forth provisions concerning miscellaneous technology base policies and programs. Directs the Secretary to establish a program to achieve the NDTIB objectives set forth under this Act by providing dual-use enhancement capability support to various nonprofit, public, and private organizations. Outlines services provided under the program. Provides Federal funding of such program of 50 percent in the first year, 40 percent in the second year, and 30 percent in the third and following years. Outlines criteria for the selection of a program to receive such assistance, including the extent to which the program advances and enhances the NDTIB objectives. Directs the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the dual-use assistance extension program. Provides program funding from funds authorized to be appropriated to DOD under this Act. Reorganizes various Federal provisions relating to the NDTIB and repeals inconsistent provisions.
Earmarks specified funds for FY 1993 and thereafter for research and R&D activities under the Small Business Innovation Research Program (SBIR). Limits the amounts paid to a small business concern by DOD under the SBIR. Directs the Secretary to develop and issue a strategy for effectuating the transition of successful projects under the SBIR from phase II to phase III of the program. Extends through FY 1999 the SBIR within DOD.
Directs the Secretary, during FY 1993, to give priority in the allocation of specified funds, including SBIR funds, to programs, projects, and activities that provide significant assistance for converting the capabilities of businesses that are economically dependent on DOD business to capabilities having both defense and nondefense commercial applications.
Establishes the Advanced Research Projects Agency (Agency) as a defense agency, headed by a Director with assistance from a Deputy Director. Makes the Agency the central R&D organization of DOD, with specified defense R&D duties.
Directs the Secretary to prescribe regulations to encourage defense contractors to engage in industrial diversification planning (conversion from Government-oriented industrial practices to practices that are compatible with the commercial marketplace). Authorizes Government-owned and operated industrial facilities to participate as non-DOD participants in defense dual-use critical technology partnerships.
Subtitle B: Acquisition Assistance Programs - Amends the Small Business Act to provide that a Government defense procurement contracting officer entering into a contract with a small business is not required to refer a determination of nonresponsibility made by that officer to the SBA unless the small business requests a determination of its responsibility, and the issuance of a certificate of responsibility, by the SBA.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1994 a test program for the negotiation of small business subcontracting plans. Limits the FY 1994 participants in such program.
Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1999 the test program of contracting for printing-related services for DOD with disadvantaged small business concerns.
Extends through FY 2000 the requirement for DOD to extend five percent of its defense procurement contracts to disadvantaged small businesses, historically Black colleges and universities, and other minority institutions. Directs the Secretary to actively monitor and assess the progress of the military departments, defense agencies and prime contractors of DOD in attaining such goal. Authorizes a person to request the Secretary to determine whether the use of small business set asides by a DOD contracting activity has caused a particular industry category to bear a disproportionate share of the progress made toward attainment of the small business contracting goal.
Requires contracts which furnish products or services to DOD to be entered into in accordance with Federal requirements to achieve the disadvantaged small business and minority institution defense contracting goals if: (1) there is reasonable expectation of receiving offers from two or more of such eligible firms; and (2) on the date of issuance of the contract solicitation, a graduate of the minority small business and capital ownership development program authorized under the Small Business Act is furnishing the same or similar products or services to DOD under a contract awarded under applicable provisions of such Act.
Earmarks specified funds from this Act for FY 1993 for infrastructure assistance to historically Black colleges and universities and minority institutions.
Earmarks specified FY 1993 funds made available under this Act for the pilot Mentor-Protege Program established under the National Defense Authorization Act for Fiscal Year 1991. Earmarks specified amounts of such earmarked funds for the direct reimbursement of developmental assistance costs incurred by mentor firms under major defense acquisition programs in the participation of such firms in the Program. Requests the Secretary to publish the DOD policy for such Program as required under Federal law within 15 days after enactment of this Act. Prohibits the SBA from making a disadvantaged small business concern ineligible to receive any assistance authorized under the Small Business Act because of participation in, or receipt of developmental assistance under, the Mentor-Protege Program. Directs the Secretary to determine the status of a small business as a disadvantaged small business. Repeals a provision prohibiting a protege firm from being considered an affiliate of a mentor firm for purposes of the Small Business Act solely on the basis of such a relationship under the Mentor-Protege Program. Provides a retroactive effective date.
Earmarks specified FY 1993 funds authorized under this Act for the procurement technical assistance cooperative agreement program, further earmarking specified portions of such funds for specific programs under such program.
Subtitle C: Miscellaneous Acquisition Policy Matters - Extends through FY 1994 a program for the use of master agreements for the procurement of advisory and assistance services.
Revises the definition of a major defense acquisition program (MDAP) to include those programs which require an eventual total for R&D of more than $300,000,000 (currently $200,000,000) or an eventual total for procurement of more than $1,800,000,000 (currently $1,000,000,000), both figures based on constant FY 1990 (currently 1980) dollars. Authorizes the Secretary to adjust such amounts on the basis of DOD cost escalation rates, with written notification of such adjustments to the defense committees.
Authorizes the Secretary to waive the requirement for submission of Selected Acquisition Reports (SAR) for a program for a fiscal year under specified circumstances, requiring written notification of such waivers to the defense committees. Provides identical requirements for changes in the contents of an SAR. Revises provisions concerning information required to be included in each SAR for the first quarter of a fiscal year, as well as delivery dates of reports by a MDAP manager of the unit costs of that program. Requires an additional SAR when the Secretary of the military department concerned determines that the program acquisition or current procurement unit cost of a MDAP has increased by at least 15 percent.
Waives a current Federal provision prohibiting the payment of severance pay to foreign nationals when the head of an agency awarding the contract makes certain determinations with respect to such payments. Directs the Secretary to report annually to the defense committees on any agency head use of such waiver authority.
Prohibits the purchase by entities controlled by foreign governments of a company that is performing a DOD contract, a DOE contract under a national security program, or DOD or DOE prime contracts in an amount in excess of $500,000,000. Provides exceptions.
Prohibits a DOD or DOE contract under a national security program from being awarded to a company owned by an entity controlled by a foreign government if it is necessary for that company to be given access to information in a proscribed (classified) category of information in order to perform the contract. Authorizes the Secretary to waive such prohibition for national security interests.
Makes the policy of DOD with respect to the disposition of any invention made during the performance of a federally funded R&D contract, grant, or cooperative agreement identical to Federal provisions concerning patent rights in inventions made with Federal assistance. Waives such rights with respect to awards not covered under chapter 18 when the Secretary makes certain determinations. Provides an invention confidentiality requirement.
Authorizes a contractor to resubmit a certification of a claim under a shipbuilding contract if the certification is determined to be deficient because of the position, status, or scope of authority of the person executing the certification. Requires such resubmission within 30 days of notification of a deficient certification.
Amends the Arms Export Control Act and other Federal provisions to authorize DOD to share equitably with U.S. allies involved in a joint R&D contract the costs of claims with respect to any such R&D programs.
Requires a firm that is performing a DOD contract in excess of $10,000,000 to notify DOD in advance of any intention to perform outside the United States any part of such contract in excess of $500,000 which could be performed in the United States. Makes such requirement inapplicable to contracts for military construction.
Disallows the payment of an indirect cost under a covered defense contract if such cost violates a principle in the Federal Acquisition Regulation or the DOD Supplement to the Federal Acquisition Regulation. Requires the Secretary to assess a penalty against any contractor attempting to receive reimbursement for such a cost. Provides for the waiver of such penalty in prescribed circumstances.
Directs the Secretary to carry out a science and technology fellowship program to enhance the ability of DOD to recruit and retain employees who are highly qualified in the fields of science and technology. Requires the Secretary to support a fellow under such program in a related research or teaching field in such areas after two years of Federal service as an employee in a science or technology position at DOD.
Allows a contractor that has participated in defense system development, production, or testing solely as a representative of the Federal Government to be involved in the establishment of criteria for data collection, performance assessment, or evaluation activities for the operational test and evaluation of such system.
Directs the Secretary to prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition from terminating or substantially reducing its participation in such program without the approval of the Under Secretary.
Prohibits the Secretary from procuring a sonobuoy in a foreign country unless U.S. firms that manufacture sonobuoys are permitted to compete on an equal basis with foreign manufacturing firms for the sale of such buoys in that foreign country. Provides a waiver in the interest of national security.
Defines "units to be procured until procurement is completed" under the shipbuilding total program reporting requirement.
States that a provision of the National Defense Authorization Act for Fiscal Year 1987 which prohibits the purchase of petroleum products from Angola shall cease to be effective when the President certifies to the Congress that free democratic elections have taken place there after September 1, 1992.
Directs the Secretary to establish and implement the Federal Defense Laboratory Diversification Program (Program) to encourage greater cooperation in research and production activities carried out by defense laboratories and private industry in order to enhance and improve the products of such activities. Requires the Director of Defense Research and Engineering to develop and annually update a plan for each defense laboratory that participates in the Program for carrying out cooperative activities with private industry with regard to such activities. Requires such Director to report Program results to the Congress.
Amends the Defense Production Act of 1950 to direct the President or his designee to investigate any instance in which an entity controlled by, or acting on behalf of, a foreign government seeks to engage in any merger, acquisition, or takeover (takeover) of a person engaged in interstate commerce in the United States that could affect the national security. Requires such investigations to be undertaken and completed within specified periods. Adds as factors to be considered by the President when making such decision the potential effects of the proposed takeover on: (1) sales of military goods, equipment, or technology to certain blacklisted countries; and (2) U.S. international technological leadership in areas affecting U.S. national security. Directs the Secretary to report to the Secretary of the Senate and the Clerk of the House of Representatives on whether any such action should be taken. (Currently, such report is required only if the President takes action.)
Expresses the sense of the Congress that the President should include in the membership of the Committee on Foreign Investment in the United States the Director of the Office of Science and Technology Policy and the Assistant to the President for National Security.
Requires the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency to jointly report to the Congress an evaluation as to whether there exists credible evidence of a strategy by one or more countries or companies to acquire U.S. companies involved in the research, development, or production of defense critical technologies of which the United States is a leading producer.
Authorizes DOD to contract for the development, procurement, and support to operations of Landsat 7 and subsequent Landsat vehicles.
Title IX: Department of Defense Organization and Management - Subtitle A: General Matters - Requires transmission to the Congress after January 1, 1992, by the Secretary of a report of the Chairman of the JCS with respect to the roles and missions of the armed forces in the post-Cold War era.
Designates the Vice Chairman of the JCS as a member of the JCS.
Directs the Chairman of the JCS to establish on the JCS the position of the Assistant to the Chairman of the Joint Chiefs of Staff for National Guard and Reserve Affairs, to be the principal adviser to the Chairman on matters concerning the reserve components.
Directs the Secretary of the Navy to consolidate and streamline the Navy headquarters establishments within the Office of the Chief of Naval Operations to reflect changes in the roles and missions of the Navy. Designates as one of the Assistant Chiefs of Naval Operations the Assistant Chief of Naval Operations for Expeditionary Warfare, to supervise the performance of all responsibilities of the Chief regarding expeditionary warfare.
Directs the Secretary to make certain certifications to the defense committees with respect to the assignment of functions and personnel for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the special operations command. Provides an alternative to such certifications.
Extends through calendar year 1998 the requirement of a joint duty assignment as a prerequisite for promotion to a general or flag officer. Revises provisions regarding the education and experience requirement for such promotion. Provides that an officer shall be considered to have completed a full tour of duty in a joint duty assignment upon the successful completion of an assignment which gives such officer significant experience in joint duty matters through specified commands, military departments, or defense agencies.
Directs the Secretary to credit as having completed a full tour of duty in a joint duty assignment, for promotion purposes, officers who performed duty in the Persian Gulf combat zone that either provided significant experience in joint matters or involved frequent professional interaction with units and members of another U.S. military department or an allied armed force. Requires the concurrence of the commanding officer of that officer's service branch before such crediting will be allowed. Makes certain reporting and policy requirements inapplicable to officers for whom such joint duty crediting has been granted. Directs the Secretary to include in the annual defense budget report required to be submitted to the Congress certain information with respect to the total number of officers for whom such joint duty credit was granted.
Authorizes the Chairman of the JCS to provide funds from the CINC Initiative Fund to the Director of the Joint Staff with respect to an area not within the responsibility of a commander of a combatant command. Directs the Chairman to give priority consideration in the provision of funds to the Director for activities: (1) that would enhance the war fighting capability, readiness, or sustainability of the forces involved; or (2) that would reduce the threat to,or otherwise increase, the national security. Limits to $5,000,000 the funding to provide military education and training to military and related civilian personnel of foreign countries.
Directs the Secretary to reestablish within his Office the position of Deputy Assistant Secretary of Defense for Equal Opportunity (Deputy) and require such official to carry out the same or similar duties that were formerly carried out by the Deputy before such position was abolished.
Directs the Secretary, within ten days after enactment of this Act, to rescind or revise a certain memorandum of the Deputy Secretary of Defense relating to the delivery of legal services within DOD.
Directs the Secretary to establish a Commission on the Conduct and Review of Investigations in the Department of Defense (Commission). Requires the Commission to review, and recommend changes in, policies, procedures, and practices of DOD concerning the conduct and review of investigations. Requires the Commission to report its findings to the Secretary, who in turn is required to transmit the report to the defense committees, together with his comments and recommendations.
Expresses the sense of the Congress that the Army and Marine Corps should intensify efforts to eliminate unnecessary duplication, to improve interservice coordination, and to specialize in areas in which each has a comparative advantage, especially as such goals relate to the provision of armor, artillery, and other high-intensity combat items and related equipment and supplies. Requires the Chairman of the JCS to examine and make recommendations with respect to equipping the Marine Corps with armor, heavy artillery, and other related weapons so as to be capable of sustaining high-intensity combat independent of the other military departments.
Directs the Secretary to study the operational support airlift aircraft and administrative transport airlift aircraft operated by the National Guard and reserve components.
Directs the Secretary to ensure that the defense committees are fully and currently informed of all operational activities carried out by members of the armed forces or employees of DOD. Requires the head of any other Federal department or agency to submit to such committees any information requested relating to any operational activities carried out in their department or agency.
Prohibits the obligation of more than 50 percent of the authorized funding for specified aircraft or missile programs until 60 days after the Secretary has submitted certain reports to the Congress.
Subtitle B: Drug Interdiction and Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) extend through FY 1994 the authority of the Secretary to provide support for the counter-drug activities of any other Federal department or agency or a State, local, or foreign law enforcement agency; (2) add to such authorized support services the detection, monitoring, and movement of traffic at, near, and outside U.S. geographical boundaries, as well as linguist and intelligence analysis services; and (3) prohibit the Secretary from limiting the requirements for such support to only critical, emergency, or unanticipated circumstances.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1997 the authority of the Secretary to transfer excess personal property to other Federal and State agencies.
Directs the Secretary to study, and report to the Congress on, the land-, sea-, or air-based systems used by DOD in carrying out activities relating to the reconnaissance, detection, and monitoring of drug traffic. Prohibits the obligation of FY 1993 funds for such purposes until such report is submitted.
Directs the Secretary to conduct an outreach program aimed at reducing the demand among youths for illegal drugs. Authorizes the use of funds made available under this Act for drug interdiction and counter-drug activities for the outreach program.
Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in this Division for FY 1993 between any such authorizations for that fiscal year (or any subdivisions thereof), to be merged with and available for the same purposes as the authorization to which transferred. Limits to $1,500,000,000 the total amount of authorizations which may be so transferred. Requires the Secretary to promptly notify the Congress of any such transfers.
Directs the Secretary to submit to the Congress with the annual defense budget a multiyear defense budget consistent with a required multiyear defense plan. Requires the DOD military programs in such budget to be organized on the basis of major roles, missions, or forces of DOD.
Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) provide specified additional transition authority with respect to closing or expired DOD appropriation accounts; and (2) require certain certifications from the Secretary to the Congress before such authority may be exercised.
Subtitle B: Supplemental Authorization of Appropriations for Operation Desert Storm - Amends the Persian Gulf Supplemental Authorization and Personnel Benefits Act of 1991 to extend through FY 1993 provisions relating to the establishment of the Persian Gulf Working Capital Account, the authorization of supplemental appropriations to such Account, and monthly reports on transfers to such Account. Authorizes additional appropriations for FY 1992 and 1993 to such account for military personnel and increases the authorized transfers for each fiscal year authorized under such Act by the amount of additional funds authorized to be appropriated by this Act.
Subtitle C: Defense Maritime Logistical Readiness - Repeals Federal law allowing only vessels of the United States to be used in the transportation by sea of supplies bought for the armed forces. Directs the Secretary to: (1) prescribe regulations and establish practices for the procurement of transportation by water and related distributions services for DOD cargoes; (2) ensure that all studies and reports of DOD and all actions taken in DOD concerning sealift and related intermodal transportation requirements take into consideration the full range of transportation and distribution capabilities that are available from operators of privately-owned U.S. flag merchant vessels; (3) afford each operator of such a privately-owned U.S. flag vessel at least an annual opportunity to present to DOD information on its port-to-port intermodal transportation capabilities; (4) ensure private vessel owner participation in studies and reports on intermodal transportation possibilities; and (5) submit to the Secretary of Transportation an annual certification of compliance with such requirements.
Prohibits, except in time of war, national emergency, or other exigent circumstances, vessels owned by the United States from being operated in competition with privately-owned U.S. flag commercial merchant vessels. Requires DOD cargoes to be transported on such private vessels whenever such vessels are available with reasonable timeliness. Allows U.S.-owned vessels to be used when such reasonable timeliness requirement cannot be met by such private vessels. Allows foreign flag vessels to be used when no private or U.S.-owned vessels are available.
Prohibits a contract for the transportation of DOD cargoes by water from including terms or conditions which impair the ability of the contractor to own or operate foreign flag vessels in addition to the U.S.-flag merchant vessels, or which limit the contractor's ability to meet its common carrier obligations to the general public (with an exception to the latter prohibition in time of war or national emergency).
Directs the Secretary to enter into logistics readiness agreements with contractors of privately owned U.S.-flag vessels under which the contractor shall, in time of war, national emergency, or foreign crisis, provide services to meet DOD cargo water transportation requirements. Provides required contract provisions. Requires the Secretary to submit to the Secretary of Transportation at least annually the DOD projections of weekly requirements in excess of normal peacetime requirements, for the transportation of DOD cargoes to meet logistics and war fighting requirements in such exigent circumstances. Provides for the payment to contractors of foreign charges incurred under such transportation contracts. Provides transition provisions.
Directs the Secretary and the Secretary of Transportation to promptly take appropriate actions to modernize, update, revise, or eliminate the current Sealift Readiness Program consistent with changes brought about by this Subtitle. Prohibits any Federal agency from requiring a party to a logistics readiness agreement to enter into or remain enrolled in the Sealift Readiness Program as a condition for being awarded a contract to provide transportation or distribution services under this Subtitle.
Subtitle D: Technical Amendments - Makes technical amendments to Federal armed forces provisions.
States as a policy of the Congress that qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to provide approved commodities and services as subcontractors and suppliers under contracts awarded by DOD. Provides that, in the case of a business concern that has negotiated a small business subcontracting plan with a military department or defense agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan. Terminates such provision at the end of FY 1994.
Subtitle E: Miscellaneous Matters - Directs the Secretary to report to the defense committees on the U.S. strategic posture in the Middle East and Persian Gulf regions. Requires such report to include a military threat assessment for such regions.
Directs the Secretary to conduct, and report to the defense committees on, an analysis of options for providing forward presence of naval forces during peacetime.
Expresses as U.S. policy the opposition to restrictive trade practices fostered or imposed by foreign countries against other countries friendly to the United States or against any other U.S. persons. Prohibits any DOD prime contract in excess of the small purchase threshold from being awarded to any foreign person, company, or entity unless such entity certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel. Authorizes the Secretary to waive such prohibition in specific instances when necessary for national security, requiring notice to the Congress of each such waiver. Provides other exceptions to such prohibition.
Authorizes the Secretary of the Army to employ as many professors, instructors, and lecturers at the Defense Language Institute Foreign Language Center as the Secretary considers necessary. Provides transition and savings provisions.
Allows employees who moved after December 31, 1986, and before April 1, 1991, between different leave systems (appropriated vs. nonappropriated fund employment positions) to elect between the receipt of accrued leave or a lump-sum payment for such leave upon such transfer.
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia. Outlines objects and purposes and prohibits discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions.
Recognizes and grants a Federal charter to the Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of Colorado. Provides corporation objects and purposes, membership, and restrictions, including a prohibition against discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions.
Authorizes the Secretary, during FY 1993 through 1995, to conduct a program to commemorate the 50th anniversary of World War II and to coordinate, support, and facilitate other such commemoration programs and activities of Federal, State, and local governments, as well as private persons. Provides funding for such activities from defense agencies operation and maintenance funds for such fiscal years. Establishes in the Treasury the Department of Defense 50th Anniversary of World War II Commemoration Account for use in conducting the commemoration program.
Eliminates certain reporting requirements contained in Federal armed forces provisions and other specified Federal law.
Authorizes the transfer of excess construction or fire equipment from DOD stocks to any foreign country or international organization prescribed under provisions of the Foreign Assistance Act of 1961 or the Arms Export Control Act, but only if: (1) no Federal department or agency other than DOD and no State submits a request for such equipment during a specified period; or (2) the President determines that the transfer is necessary in order to respond to an emergency for which the equipment is especially suited.
Prohibits, with an exception, the use of funds appropriated or otherwise made available to DOD during FY 1992 for the construction or capitalization of specified military museums or the renovation of a certain submarine for use by an Oregon museum.
Authorizes the Secretary of the Army to award fellowships in military history to citizens and nationals of the United States who are graduate students in U.S. military history, have completed their doctoral requirements other than a dissertation, and agree to prepare a dissertation in an area of military history determined by the Secretary.
Directs the Secretary of the Navy to transfer certain vessels to the Department of Transportation to be assigned as training ships to Texas A&M University and the Maine Maritime Academy.
Repeals a Federal provision requiring the construction in a U.S.navy yard of the first and each succeeding alternate U.S. combatant and escort vessel.
Provides for a method of liquidation of credits and liabilities of parties to cooperative military airlift agreements. Adds Japan and Korea to the list of countries eligible for such agreements.
Amends the National Defense Authorization Act for Fiscal Year 1987 to authorize a general or flag officer grade for the commanders of the U.S. Southern Command and the U.S. Central Command.
Makes permanent (currently expires as of September 30, 1992) the authority of the Secretary to pay the travel, subsistence, and other personal expenses of defense personnel of developing countries for their attendance at bilateral or regional cooperation conferences and programs.
Subjects a person appointed as a judge of the U.S. Court of Military Appeals to the Federal Employees' Retirement System (FERS) as of the date of the appointment. Provides transition provisions for those judges who are currently subject to the Civil Service Retirement and Disability System (CSRS), allowing continued coverage (upon election) under CSRS or a refund under their former CSRS and election to be covered under FERS. Provides for deposit into the Thrift Savings Fund of a lump-sum payment representing the contribution difference required under the two plans.
Designates as chief judge of the U.S. Court of Military Appeals the senior in commission among the judges who: (1) has served for one or more years as judge; and (2) has not previously served as chief judge. Provides for a chief judge term of five years, with a continuation of such term if there are no other judges eligible for chief judge at the end of such term. Provides for the early termination of such five-year term under certain circumstances. Provides transition provisions to cover the current chief judge.
Revises the Uniform Code of Military Justice with respect to: (1) jurisdiction; (2) certain adjudications and postponements of sentences; and (3) offenses relating to the drunken or reckless operation of a vehicle, aircraft, or vessel.
Directs the Secretary to establish the Civil-Military Cooperative Action Program under which the Secretary may use the skills, capabilities, and resources of the armed forces to assist civilian efforts to meet the domestic needs of the United States. Outlines Program objectives. Directs the Secretary to encourage the establishment of advisory councils on civil-military cooperation at the regional, State, and local levels, as appropriate, in order to obtain recommendations for projects and activities and guidance for the Program from persons who are familiar with regional, State, and local conditions and needs. Directs the Secretary to prescribe specified rules and regulations governing the provision of assistance under the Program.
Directs the President to report to the Congress on the proposals of the Secretary General of the United Nations made in his report concerning preventive diplomacy, peacemaking, and peacekeeping.
Mandates that no funds are authorized to be appropriated under this Act for the Federal Bureau of Investigation.
Amends the National Defense Authorization Act, 1985 to reduce from 235,700 to 100,000 the authorized number of U.S. military personnel assigned to permanent duty in NATO-member European countries.
Directs the Secretary, in consultation with the Director of the Selective Service System (SSS), to report to the President on the continued requirement for registration under the SSS.
Directs the Secretary of Education to take certain action with respect to the certification of State financial aid programs for fiscal years beginning with 1993 under Federal provisions relating to educational assistance to States.
Expresses the sense of the Congress with respect to the role of NATO in light of the decline of the possibility of military action by the former Soviet Union and Warsaw Pact countries. Requests the President to open discussions with the heads of state within NATO's membership with a view toward adapting such alliance to current political realities.
Directs the Secretary, in consultation with the Secretary of State, to report to the defense committees on international mine clearing efforts in situations involving the repatriation and resettlement of refugees and displaced persons.
Expresses the sense of the Congress that the President should award the Navy Expeditionary Medal to members of the Navy who served in Navy Task Force 16 and participated in an air raid of Tokyo in April, 1942.
Authorizes supplemental and emergency supplemental appropriations for FY 1992 to cover incremental costs arising within DOD from the consequences of Hurricane Andrew and Typhoon Omar.
Sets forth provisions relating to miscellaneous protections, rights, and benefits for military dependents. Directs the Secretary of the military department concerned to pay an annuity to an eligible spouse or former spouse of a member of the armed forces if, after the member becomes eligible for retirement, such member's eligibility to receive retired pay is terminated as the result of member misconduct involving abuse of a dependent, and the spouse or former spouse was either the victim of the abuse and married at the time of abuse or was the natural or adopted parent of a child who was the victim of the abuse. Outlines provisions with respect to annuity amounts and their commencement and termination of payment, application and recertification requirements, and the termination of retired pay benefits to members or former members who are incarcerated for such abuse. Provides other benefits to such spouses and former spouses, including medical and dental care, the use of commissary and exchange stores, and any other benefits accruable as a dependent of a retired member of the armed forces. Provides annuity funding. Directs the Secretary to report to the Congress on actions taken and planned by DOD to reduce or eliminate disincentives for a military dependent abused by a member to report such abuse to the proper authorities. Directs the Secretary to conduct a study of, and report to the Congress on, military personnel who were approved during specified fiscal years for early separation from the armed forces as the result of abuse of a spouse or dependent child.
Places a moratorium, after September 30, 1992, and before July 1, 1993, on any underground nuclear weapon testing by the United States. Provides that between July 1, 1993, and January 1, 1997, such an underground test may be conducted only if: (1) the President has submitted an annual report to the defense committees concerning such testing; (2) 90 days have elapsed since submission of such report; and (3) the Congress has not agreed to a joint resolution disapproving the testing. Authorizes one test of the reliability of a nuclear weapon during such period, with specified conditions, including congressional notification followed by a 60-day waiting period. Outlines information required in an annual report by the President to the defense committees concerning such testing, including a certification by the President that such test is mandated by national security. Authorizes the President to allow the United Kingdom to conduct, within a period covered by an annual report, one test of a nuclear weapon if the President determines that it is in the U.S. national security interest to do so. Prohibits the conducting of any underground testing of a nuclear weapon by the United States after September 30, 1996, unless a foreign state conducts such test after such date, at which time the prohibition on U.S. nuclear testing will be considered lifted.
Landmine Moratorium Act of 1992 - States that it shall be the policy of the United States to seek verifiable international agreements prohibiting the sale, transfer, or export of, and further limiting the use, production, possession, and deployment of, anti-personnel landmines (landmines whose victims generally have been noncombatant civilians in poorly developed countries engaged in warfare). Expresses the sense of the Congress that the President should seek to negotiate an international agreement which prohibits the sale, transfer or export of anti-personnel landmines. Imposes a one-year moratorium on: (1) any sale or transfer of, or any issuance of an export license for any anti-personnel landmine under the Arms Export Control Act; and (2) providing assistance under the Foreign Assistance Act of 1961 with respect to the provision of such mines.
Directs the Secretary to report to the Congress: (1) an analysis of the foreseeable threats to the security of NATO-member nations; (2) a determination whether or not there is a requirement for such nations to revise the North Atlantic Treaty of 1949 to meet the future challenges to their peace and security; and (3) the extent to which the charter permits the use of NATO forces for peacekeeping purposes.
Directs the Postmaster General to issue a commemorative postage stamp in honor of American prisoners of war and Americans missing in action.
Authorizes the Secretary, during FY 1993 and subject to specified limitations and requirements, to furnish funds, supplies, and equipment to support international nonproliferation activities, including those carried out by the International Atomic Energy Agency, that are designed to ensure more aggressive safeguards and verification of compliance with the Treaty on the Non-Proliferation of Nuclear Weapons of 1968. Prohibits such assistance unless the Secretary certifies to the Congress at least 30 days in advance that the provision of such assistance: (1) is in U.S. national security interest; and (2) will not adversely affect U.S. military preparedness.
Authorizes the Secretary during FY 1993 to provide funds for the activities of the On-Site Inspection Agency in support of the United Nations Special Commission on Iraq. Provides a funding limitation. Requires FY 1993 DOD working capital accounts to be used to provide such assistance. Requires the Secretary to report to the Congress at least 30 days in advance of providing any such assistance. Expresses the sense of the Congress favoring robust funding of nuclear nonproliferation activities.
Authorizes the Secretary during FY 1993 to provide a specified amount as assistance for international peacekeeping activities, such amount deriving from FY 1993 DOD working capital accounts. Requires State Department funds for such purpose to be fully expended before DOD funds may be so utilized. Prohibits any such assistance unless the Secretary certified to the Congress that it is in the U.S. national security interest and will not adversely affect military preparedness. Requires 30 days' advance notification to the Congress.
Establishes in the Treasury the National Defense Sealift Fund for: (1) R&D relating to National Defense Sealift; (2) construction, purchase, or conversion of sealift vessels for national defense purposes; and (3) lease and operation and maintenance of such vessels for such purposes.
Subtitle F: Civil-Military Youth Service Programs - Authorizes the Chief of the National Guard Bureau, during FY 1993 through 1995, to conduct a pilot program to be known as the National Guard Civilian Youth Opportunities Program aimed at improving through military based training the life skills and employment potential of civilian youth who cease to attend secondary school before graduation. Requires the pilot program to be conducted at any ten of the States, Territories, Puerto Rico, or the District of Columbia. Outlines provisions concerning: (1) program agreements between the Chief of the National Guard Bureau and a chosen jurisdiction; (2) authorized benefits for youth participants in the program; (3) the use of National Guard personnel at a chosen site for administrative, training, or support services for the program; (4) the use of National Guard equipment and facilities for the program; (5) the Federal employee status of participants in the program for purposes of certain laws and benefits; (6) program funding and supplemental funding by the Governor of the chosen jurisdiction; (7) a required report from the National Guard Chief after one year of the pilot program; and (8) an earmarking of specified funds for such program from FY 1993 DOD operation and maintenance funds.
Amends the National and Community Service Act of 1990 to direct the Commission on National and Community Service to establish the Civilian Community Corps Demonstration Program (Program) to carry out specified objectives. Requires members of a Civilian Community Corps (Corps) to receive training and perform service in a national service program or a summer national service program. Requires both programs to be residential, under which Corps members reside in Corps housing during their service.
Provides that, under the National service program, youths between 17 and 25 years of age and from economically, geographically, and ethnically diverse backgrounds shall work in teams on Corps projects for a period or between nine months and two years. Provides that, under the summer national service program, a diverse group of youths between 14 and 18 years of age shall work in teams on Corps projects for periods after April 30th and before October 1 of a year. Requires the Corps to be under the direction of a Director, who shall choose all Corps members. Provides for: (1) membership application requirements; (2) organization of the Corps into units, with unit camp assignments; and (3) Corps standards of conduct and sanctions, including member dismissal or transfer (with a right to appeal). Requires each Corps member to be trained for three to six weeks in a service-learning curriculum designed to promote team building, discipline, leadership, work, training, citizenship, and physical conditioning. Provides further training requirements for each Program type. Allows such training to be provided at installations and facilities of DOD and the National Guard.
Requires service projects carried out by the Corps to: (1) meet an identifiable public need; (2) emphasize the performance of community service activities that provide community benefits and opportunities for service learning and skills development; (3) encourage work to be accomplished in teams of diverse individuals working together; and (4) include continued education and training in various technical fields. Outlines provisions concerning: (1) development of Corps project proposals by various Federal officials; (2) project selection, organization, and performance; and (3) authorized benefits (living allowances, transportation, equipment, clothing, health care, child care, counseling, and other supportive services).
Requires the Director to provide educational assistance to each Corps member who: (1) completes a period of agreed service in the Corps; and (2) elects to receive such educational assistance. Authorizes the Director to provide such assistance to requesting members who do not complete the period of agreed service. Provides educational assistance amounts (with greater benefits deriving from the national service program) and reduces such amounts proratedly for periods of incomplete service. Limits the uses of such educational assistance payments. Requires the Director to provide a cash benefit, in lieu of the educational assistance payment, to each Corps member so electing. Authorizes the Director, to the extent considered appropriate and upon a member's successful completion of his or her service period, to provide the member with: (1) assistance to pursue a high school diploma or its equivalent; (2) other educational assistance for pursuing a degree at an institution of higher education; or (3) assistance for obtaining employment and support services as necessary and appropriate.
Requires a Board to monitor and supervise the administration of the Corps Program established under this Subtitle. Requires the Director to establish a permanent cadre of supervisors and training instructors for Corps programs. Authorizes the Director to accept the voluntary services of individuals in connection with authorized Corps activities.
States that Corps member shall not be considered to be Federal employees or subject to Federal employment laws, except that they shall be covered under Federal workers' compensation and tort claims laws and procedures.
Authorizes the Director, by contract or grant, to allow any public or private organization to perform any program function in connection with Corps activities. Directs the Secretary of Defense to establish an office to provide liaison between the Secretary and the Corps. Requires the Secretary to develop a list of individuals to be recommended for appointment in the permanent cadre of Corps personnel (supervisors and instructors). Requires the Secretary to identify appropriate DOD military installations and other facilities, as well as National Guard facilities, to be used for Corps programs and activities.
Establishes the Civilian Community Corps Advisory Board to advise the Director concerning the administration of Corps programs and to assist in the development and administration of the Corps. Requires the Commission on National and Community Service to conduct an annual evaluation of Corps programs. Provides a funding limitation. Directs the Commission to report to the appropriate congressional committees on the implementation of provisions relating to the Corps and their programs and activities. Provides funding for the Corps program from FY 1993 DOD operation and maintenance funds. Provides for the coordination of Corps programs and activities with other youth programs established under this Act, with specified objectives.
States as a purpose of this Subtitle to increase the ability of the Commission to expand non-residential programs that perform worthwhile urban and rural community projects that assist in the economic transition of localities affected by DOD conversion. Directs a specified amount of FY 1993 DOD operation and maintenance funds available to the Board of Directors of the Commission to be used for activities described under specified provisions of the National and Community Service Act of 1990. Outlines various uses of the funds, including programs located in communities where facilities of military installations have been closed, and programs that employ retired, inactive, discharged or volunteer military personnel. Requires funds authorized for Corps demonstration programs, before their obligation for such purposes, to be determined by the Director of OMB to be counted against the defense category of the discretionary spending limits for FY 1993, as defined by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Subtitle G: Nuclear Proliferation Control - Directs the President to impose sanctions described later in this Subtitle if he determines that a foreign or U.S. person has materially and with requisite knowledge contributed, through exporting activities, to the efforts of any group, individual, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device, whether or not the goods or technology is specifically designed or modified for that purpose. Urges the President to consult with the government with primary jurisdiction over a foreign person whom the President has determined to be in violation of such provisions with respect to the imposition of appropriate sanctions. Allow the President to delay imposition of sanctions up to 90 days, in order to pursue such consultation. Provides, as the sanctions to be imposed, that the United States Government shall not procure or contract for the procurement of any goods or services from any such person, parent, subsidiary, affiliate, or successor entity, with specified exceptions based on military requirements and national security and defense. Requires such sanctions to be applied for a minimum 12-month period and to continue thereafter unless the President determines and certifies to the Congress that the person has ceased to engage in such activities and has made reliable assurances that it will not engage in such activities in the future. Waives such sanction if its imposition would have a serious adverse effect on vital U.S. interests. Requires the President to notify and report to the Congress whenever such waiver authority is exercised.
Directs the Secretary of the Treasury to instruct the U.S. executive director to each of certain international financial institutions described under the International Financial Institutions Act to use the U.S. voice and vote to oppose any direct or indirect use of such institution's funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of any nuclear explosive device by any non-nuclear-weapon state.
Amends the International Emergency Economic Powers Act to include as "any unusual and extraordinary threat" any international event that the President determines may involve the detonation by a non-nuclear-weapon state of a nuclear explosive device or an action or activity that substantially contributes to the likelihood of the proliferation or detonation of such devices, including the acquisition by such state of unsafeguarded special nuclear material.
Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to impose certain sanctions on a financial institution that the President determines to have materially and with requisite knowledge contributed, through financing or other services, to the efforts by an individual, group, or non-nuclear-weapon state to acquire unsafeguarded nuclear material or to use, develop, stockpile, or otherwise acquire any nuclear explosive device. Requires such sanctions to be imposed on certain successor entities to such an institution, including foreign or U.S. persons that are subsidiaries, parents, or affiliates and have the required knowledge of the institution's activities in such regard. Directs the President, when a determination of culpability is made, to issue an order which: (1) prohibits the institution from being designated as a primary dealer in U.S. Government debt instruments; (2) prohibits the institution from serving as a U.S. agent or repository for Government funds; and (3) prohibits such institution from commencing any new line of business in the United States or conducting business in any new location. Applies the same conditions and termination of sanctions as are currently applied under the Omnibus Nuclear Proliferation Control Act of 1992. Authorizes the President to waive the imposition of such sanctions after certification to the Congress that their imposition would have a serious adverse effect on the domestic or international financial or payments systems.
Amends the Export-Import Bank Act of 1945 to provide certain sanctions on any country that has willfully aided or abetted a non-nuclear-weapon state in acquiring a nuclear explosive device or unsafeguarded special nuclear material.
Amends the Arms Export Control Act to prohibit arms sales or leases to be made to any country that the President determines to be in breach of its commitment concerning the nonproliferation of nuclear explosive devices and unsafeguarded special nuclear material. Makes related amendments to the Foreign Assistance Act of 1961 with respect to the acquisition by non-nuclear-weapon states of nuclear explosive devices or unsafeguarded special nuclear material. Includes as sanctions to be imposed against any offending governments under such Act the opposition to multi-lateral development bank assistance, opposition to any bank loans other than for food or agricultural commodities, and opposition to exports to such countries other than food and agricultural commodities.
Amends the State Department Basic Authorities Act to include as an act of international terrorism under such Act any action which contributes to the acquisition of unsafeguarded special nuclear material or any nuclear explosive device by an individual, group, or non-nuclear-weapon state.
Amends the Arms Control and Disarmament Act to include in reports required under such Act information with respect to material noncompliance by foreign governments with commitments to the United States with respect to the prevention of the spread of nuclear explosive devices or the acquisition of unsafeguarded special nuclear material by non-nuclear-weapon states. Requires the President to take certain action if noncompliance is reported in consecutive reports.
Subtitle H: Arms Retooling and Manufacturing Support Initiative - Arms Retooling and Manufacturing Support Act of 1992 - Directs the Secretary of the Army to carry out a program to be known as the Armament Retooling and Manufacturing Support Initiative (ARMS). States as some of the purposes of ARMS: (1) encouraging commercial firms to use Government-owned, contractor-operated Army ammunition manufacturing facilities for commercial purposes; (2) increasing the opportunities for small and socially and economically disadvantaged small businesses to use such facilities for such purposes; (3) reducing through the provision of new jobs and retraining the adverse effects of reduced Army expenditures and the closing of such facilities; and (4) engaging in other defense conversion initiatives and activities which contribute to economic stability. Directs such Secretary to make such Government-owned, contractor-operated Army ammunition manufacturing facilities available for the purposes stated.
Subtitle I: Defense Conversion and Transition Assistance - Expresses as the policy of the Congress that the United States attain its national defense objectives through the development and implementation of defense conversion and transition assistance programs that have the following objectives: (1) facilitating the transition of military personnel, civilian U.S. employees, and defense industry workers affected by reduced defense expenditures; (2) assisting communities affected by reduced defense spending; and (3) strengthening the ability of the national defense technology and industrial base to meet specified national security objectives. States as the policy of the Congress that specified funds authorized under this Act ought to be available for the defense conversion and transition assistance programs.
Directs the Secretary to prescribe regulations, including program objectives and implementation schedules, to ensure the prompt implementation of specified programs and authorities relating to defense conversion and transition assistance programs and activities currently provided under Federal armed forces provisions for: (1) active-duty members and former members of the armed forces; (2) members of the National Guard and reserve; and (3) DOD civilian personnel. Requires the Secretary to ensure that: (1) policies and procedures required with respect to the Economic Adjustment Committee are issued within 90 days after enactment of this Act; and (2) communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to them under this Act and appropriate Federal law. Directs the Secretary to prescribe regulations to ensure the prompt and effective: (1) delivery of assistance under the Defense Economic Diversification, Conversion, and Stabilization Act of 1990 to such communities, businesses, and workers; and (2) implementation of the authority to furnish assistance to local educational agencies that benefit dependents of members of the armed forces and DOD civilian employees.
Directs the Secretary to promptly establish implementation schedules to ensure that policies and procedures are issued to provide for wide public dissemination of the opportunities to participate in national defense technology and industrial base conversion and transition initiatives as provided under title VIII of this Act. Describes such programs. Requires the Office of Technology Transition established under such title to commence operations within 120 days after enactment of this Act.
Title XI: Demilitarization of the Former Soviet Union - Subtitle A: Short Title - Names this title the Former Soviet Union Demilitarization Act of 1992.
Subtitle B: Findings and Program Authority - Authorizes the President to establish and conduct programs to assist in the demilitarization of the independent states of the former Soviet Union. States that such programs shall include the transportation, storage, safeguarding, disabling, and destruction of weapons of mass destruction, as well as the conversion of weapons-related scientific expertise, technologies, and capabilities into appropriate civilian activities. Prohibits any such U.S. assistance unless the President certifies to the Congress that the recipient state of the former Soviet Union is committed to destroying its weapons of mass destruction, forgoing any nuclear weapons or military modernization programs, and facilitating U.S. verification of any weapons destruction carried out.
Subtitle C: Administrative and Funding Authorities - Provides funding for the Soviet demilitarization program through funds authorized to be transferred under this Act as well as an extension of the authorization of appropriations for such purpose under the Soviet Nuclear Threat Reduction Act of 1991.
Subtitle D: Reporting Requirements - Requires the President to report to the Congress at least 15 days in advance of each proposed obligation of funds for the Soviet demilitarization program. Directs the President to report quarterly to the Congress on all such activities carried out in the previous quarter.
Title XII: Cuban Democracy Act of 1992 - Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba.
Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act.
Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; and (2) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy.
Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba.
Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency.
Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country.
Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) take steps to end the U.S. trade embargo of Cuba; and (4) enter into negotiations for a trade agreement with Cuba.
Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
Title XIII: National Education Goals Panel - Establishes within the Department of Education the National Goals Panel (Panel). Requires the selection of a Chairperson to head the Panel. Directs the Panel to: (1) propose indicators to be used to measure the national education goals (goals) and report on progress on achieving such goals; (2) select interim and final measures and measurement tools to be developed for each goal area; (3) report on Federal actions taken to fulfill responsibilities to education; (4) report annually to the President, the Congress, the governors, and the nation on progress toward achieving the goals; (5) assure proper reporting of student performance; (6) identify gaps in existing educational data and make recommendations toward its improvement; (7) appoint members to the National Education Standards and Assessment Council; and (8) issue certification of content and student performance standards and certain other criteria. Requires the Panel to operate on the principle of consensus.
Directs the Panel to prepare and submit to the President, the appropriate congressional committees, and the governor of each State a National Report Card which contains an analysis of, and recommendations concerning, the progress of the United States toward achieving the national education goals. Requires such Report Cards annually. Endows the Panel with various powers necessary to perform its tasks. Authorizes appropriations for FY 1992 through 2001.
Title XIV: Iran-Iraq Arms Non-Proliferation Act of 1992 - Iran-Iraq Arms Non-Proliferation Act of 1992 - States that it shall be U.S. policy to oppose, and urgently seek the agreement of other nations to oppose, the transfer to Iran or Iraq of goods or technology, including dual-use goods or technology, whenever such transfer could contribute to either country's acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons. Directs the President to apply to Iran and Iraq, as well as countries assisting them in acquiring weapons of mass destruction, all of the applicable sanctions and controls available to the United States under all applicable Acts, laws, and statutes regarding the non-proliferation of weapons of mass destruction and the means of their delivery.
Directs the President to: (1) urgently seek the agreement of other nations to adopt and institute such sanctions and controls as are comparable to those of the United States; and (2) identify publicly any country or person that transfers goods or technology to Iran or Iraq in a manner contrary to stated policy.
Provides that sanctions against Iraq under the Iraq Sanctions Act of 1990 shall apply to Iran in the same manner.
Prohibits, for two years, U.S. procurement of goods from, and approval of export licenses for, any person transferring goods or technology so as to contribute to Iran or Iraq's acquisition of destabilizing numbers and types of advanced conventional weapons. Authorizes the President, for any period of time, to prohibit the importation of any articles which are the product, manufacture, or growth of the sanctioned person. Provides identical mandatory and discretionary sanctions against the government of any foreign country that transfers goods or technology to contribute to Iran or Iraq's acquisition of destabilizing numbers and types of advanced conventional weapons.
Imposes the following mandatory sanctions against foreign country violators: (1) suspension of U.S. assistance for one year; (2) opposition to the extension of financial or technical assistance by international financial institutions for one year; (3) suspension for one year of U.S. obligations under any memorandum of understanding for the codevelopment or coproduction of items on the U.S. Munitions List; (4) suspension for one year of any technical exchange agreement involving military and dual-use technology; and (5) prohibition for one year of exportation to such country of any item on the U.S. Munitions List.
Authorizes the President to impose the following discretionary sanctions with respect to foreign governments: (1) suspension of most-favored nation status; and (2) prohibition on transactions involving property in which the sanctioned country has an interest (except for urgent humanitarian assistance).
Waives any sanction under this Act if the President reports to the appropriate congressional committees that such sanction would jeopardize national security interests. Requires the President to report annually to such committees on any transfers made and sanctions taken.