legislation: 98-s-2723
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| 98-s-2723 | 98 | s | 2723 | Omnibus Defense Authorization Act, 1985 | Armed Forces and National Security | 1984-05-31 | 1984-06-21 | Indefinitely postponed by Senate by Unanimous Consent. | Senate | Sen. Tower, John G. [R-TX] | TX | R | T000322 | 0 | (Measure indefinitely postponed in Senate, H. R. 5167 passed in lieu) Omnibus Defense Authorization Act, 1985 - Title I: Procurement - Department of Defense Authorization Act, 1985 - Part A: Procurement - Authorizes appropriations for the Army for FY 1985 for procurement of aircraft, missiles, weapons, tracked combat vehicles, and ammunition and for other procurement. Authorizes the Secretary of the Army to enter into multiyear contracts for the procurement of the UH-60A aircraft and EH-60A aircraft and for the execution of the CH-47D aircraft modernization program. Permits such contracts to include an unfunded cancellation ceiling. Prohibits the use of funds for the Division Air Defense System until: (1) initial testing is completed; and (2) 30 days elapse after the Secretary of Defense reports the results of such testing and certifies to Congress that continued production is in the national interest. Amends the Department of Defense Authorization Act, 1984, to repeal the prohibition against establishing a second source for producing the M-1 tank engine. Authorizes appropriations for the Navy and Marine Corps for FY 1985 for procurement of aircraft, weapons (including missiles and torpedoes), shipbuilding and conversion, and other procurement. Authorizes the Secretary of the Navy to enter into multiyear contracts for the procurement of the CH-53E aircraft. Permits such contracts to include an unfunded cancellation ceiling. Prohibits the use of funds for the fourth year of the multiyear contract for the procurement of the KS-153 low altitude aerial reconnaissance camera for the Marine RF-4B aircraft. Directs the Secretary of the Air Force to test the CA-810 aerial reconnaissance camera's suitability for high speed, low altitude aerial reconnaissance missions by November 1, 1984. Permits the fourth year procurement of the KS-153 if the CA-810 proves unsatisfactory or is not completed in time. Directs the Secretary to conduct competitive procurement for such cameras should they meet or exceed the Navy's requirements. Authorizes the Secretary to maintain one or more alternate sources of procurement for a common aircraft ejection seat for specified aircraft. Authorizes appropriations for the Air Force for FY 1985 for procurement of aircraft, missiles, and other procurement, including Air National Guard equipment. Prohibits the use of funds for sole source procurement of a strategic weapons loader or the modification of an existing loader to meet the performance requirements for the B-1B bomber or the Advanced Technology Bomber aircraft. Limits MX missile procurement to 21 operational missiles. Authorizes the transfer of specified FY 1984 funds for the procurement of aircraft in FY 1985. Limits the amount available for procurement associated with the Consolidated Space Operations Center. Earmarks certain Air National Guard equipment procurement funds for the procurement of "smoke kits" for the F-4 aircraft. Requires such Guard aircraft to be "de-smoked" at the same rate as regular Air Force F-4s. Expresses the sense of Congress that the F-4D "smoke kit" modification program for the Guard and the Air Force Reserve should be a priority program and funded accordingly in FY 1986. Authorizes appropriations for the defense agencies. Extends through FY 1985 the authority of the Secretary of Defense, in carrying out the Multilateral Memorandum of Understanding Between the NATO Ministers of Defense concerning the NATO AWACS program, to waive the reimbursement for the cost of specified functions performed by certain personnel and to assume contingent liability for program losses and specified charges. Part B: Research, Development, Test, and Evaluation - Authorizes appropriations for the armed forces and defense agencies for FY 1985 for research, development, test, and evaluation. Authorizes the appropriation of additional sums as necessary for civilian employee salaries and benefits. Directs the Secretary of the Army to proceed with the competitive development of a Joint Tactical Missile System with specified goals, including completion by July 1, 1987. Directs the Secretary to report to the Armed Services Committees on the progress of such system on January 1, 1985, 1986, and 1987. Limits the funds available for the CV ASW helicopter until the Armed Services Committees have been notified that a full-scale engineering development contract has been awarded. Earmarks specified funds to assure the earliest practicable launch of the space shuttle from Vandenberg Air Force Base. Earmarks specified Army research funds for the development of ceramic elements for rotating valves for use in automotive and other engines. Earmarks specified Army research funds for methanol cars and related research. Directs the Secretary of the Army to report to the Armed Services Committees by the end of FY 1985 on the progress of the methanol fuel program. Part C: Operation and Maintenance - Authorizes appropriations for the armed forces and defense agencies for FY 1985 for operation and maintenance, including funds for the reserve forces, the National Guard, the National Board for the Promotion of Rifle Practice, defense claims, and the Court of Military Appeals. Authorizes additional appropriations for increases in civilian personnel costs, unbudgeted increases in fuel costs, and inflation. Authorizes appropriations for FY 1985 for the working capital funds of the armed forces and defense agencies. Permits the Secretary of Defense to make contingency funds available for the Unified and Specified Commands. Part D: Personnel- Subpart 1: Active Forces - Authorizes strengths for active duty personnel as of the end of FY 1985. Amends the Department of Defense Authorization Act, 1981, to extend for one year the limitation on the enlistment for active duty in the armed forces of persons whose score on the Armed Forces Qualification Test is below a prescribed level. Subpart 2: Reserve Forces - Authorizes average strengths for the selected reserve components of the armed forces for FY 1985. Permits the reduction and increase in such strengths as specified. Directs the Secretary of the Air Force to utilize the personnel strength for the Air National Guard to maintain in the Guard during FY 1985 not fewer than 91 flying units. Expresses the sense of Congress that the Air Force should provide modern replacement aircraft for the Guard units using OA-37 Dragon Fly aircraft and that the United States should not provide any foreign country with such OA-37 aircraft assigned to the Guard unless such aircraft is being replaced in kind or with a modern alternative. Authorizes a specified number of reserves to serve on full-time active duty in order to organize, administer, instruct, recruit, or train the reserve components. Permits the end strength levels to be increased by two percent in the national interest. Increases the number of certain personnel who may be on active duty in specified grades. Redefines full-time National Guard duty. Subpart 3: Civilian Personnel - Authorizes an end strength for civilian personnel for the Department for FY 1985. Requires the apportionment of such personnel among the various military branches and departments. Requires the Secretary to report to Congress on such allocation within 60 days. Specifies the types of civilian employees to be included in such end strengths. Permits the Secretary to increase the number of such personnel by two percent in the national interest. Directs the Secretary to notify Congress of any such increase. Eliminates the civilian personnel ceiling for industrially funded activities for FY 1984. Subpart 4: Military Training Student Loads - Authorizes average military training student loads for each component of the armed forces for FY 1985. Requires the adjustment of such loads as the manpower strengths of each component are adjusted. Part E: Compensation, Benefits, and Health Care Matters - Subpart 1: Pay and Allowances - Increases by 4.0 percent, effective January 1, 1985, the rates of basic pay for all military personnel not serving in grade E-1. Increases the basic allowance for quarters to 65 percent of the national median housing costs for each pay grade. Extends through January 1, 1985, limitations on payments of the variable housing allowance set forth in the Department of Defense Appropriation Act, 1984 and the Department of Defense Authorization Act, 1984. Requires that the variable housing allowance be paid where the local median cost of housing for a pay grade exceeds 80 percent of the national median cost of housing for such grade. Requires future adjustments of such rates to coincide with military pay increases but be based upon changes in certain weighted elements of the housing component of the Consumer Price Index. Excludes from eligibility for such allowance a member living in government housing who receives a basic allowance for quarters at the "with dependents" rate solely because such member pays child support and a member in travel status between permanent duty stations. Extends for one year, through FY 1985, the authority to provide reimbursement in place of quarters to crew members assigned to a naval vessel rendered temporarily uninhabitable. Denies credit for time spent in a delayed enlistment program for purposes of computing basic pay. Authorizes the Secretary of the military department concerned to commute the ration (pay a cash allowance in lieu of providing a meal) for enlisted members of the guard and reserves entitled to a mid-day meal. Extends for two years, through FY 1986, the authority to pay enlistment and reenlistment bonuses for the active forces. Extends the special pay provisions for certain Navy aviation career officers from FY 1984 to FY 1985. Directs the Secretary of Defense to report to the Armed Services Committees by February 1, 1985, on the adequacy of aviation career officer incentive pay and the effect, if any, of the special pay for Navy pilots on the recruiting and retention needs of the armed forces. Modifies the hazardous duty pay provisions to equalize officer and enlisted rates for specified duties. Eliminates glider pay and leprosy pay. Requires the recomputation of the military pension of certain retirees who voluntarily returned to active duty at the rates in effect when released from such duty. Entitles certain reserve component instructors teaching at a location other than the one assigned to travel and transportation expenses. Authorizes the use of Department motor vehicles for transportation between domicile and place of employment for the Joint Chiefs of Staff, the Chiefs of Staff of the Army and the Air Forces, the Chief of Naval Operations, the Commandant of the Marine Corps, the Deputy Secretary of Defense, and the Under Secretaries of Defense. Requires the forfeiture of leave for service members who are discharged for failing to serve satisfactorily before completing six months of active duty. Limits to 100 vehicles per month the shipment at Government expense of service member owned motor vehicles from Guam when Guam is being used as an alternate port of shipment. Terminates such shipments after March 31, 1985. Subjects all members of the armed forces (rather than just enlisted members of the Army and Air Force as provided under current law) to collection of overpayment provisions. Repeals the December 31, 1989, termination of educational assistance under the GI bill for Vietnam era veterans. Requires benefits paid after such date to be paid from Department of Defense appropriations. Expands eligibility for membership on the Department of Defense Retirement Board of Actuaries. Requires the Secretary of the military department concerned to provide, subject to the availability of resources, legal assistance to members, retired members, and their dependents. Eliminates the offset from amounts received under a Survivor Benefit Plan annuity for social security benefits derived from an annuitant's own employment.u Authorizes the Secretary of the military department concerned to determine that a participant in either the Retired Serviceman's Family Protection Plan (RSFPP) or the Survivor Benefit Plan (SBP) is missing under circumstances from which it can be reasonably concluded that such person is dead if absent for at least 30 days, thereby permitting the payment of an annuity under either plan. Directs the Secretary of the military department concerned to comply with a court order effectively served on such Secretary for the payment of child support or alimony out of the military pension of the former member in question whether or not such order specifically requires payment to be made out of such pension. Amends the Survivor Benefit Plan to state that a member will be deemed to have elected a former spouse as beneficiary if the Secretary of the military department concerned receives a request for such action from the former spouse and is provided a court order reflecting the court's ratification, incorporation, or approval of a written agreement by the member to make such election. Establishes a new GI educational assistance program, the Citizen-Soldier Educational Assistance Program, for individuals who enlist in the armed forces during FY 1985 through 1988. Entitles to participate those who enlist for two years and agree to serve on active duty in a military occupational specialty selected by the Secretary concerned. Limits the number of individuals who may participate in any fiscal year. Reduces a participant's monthly pay by $250 and eliminates the entitlement to basic allowances for subsistence and quarters for a period of two years or the duration of participation, whichever comes first. Permits the Secretary concerned to continue the allowances if appropriate. Permits a participating member to terminate participation upon written notification to the Secretary concerned. Entitles eligible veterans to 36 months of educational assistance and eligible service-connected disabled veterans to one and one-half months of assistance per month of active duty service. Directs the Administrator of Veterans Affairs to pay a $500 per month assistance allowance for a full-time approved education program and assistance at a proportionately reduced rate for part-time programs. Establishes a ten year delimiting period on the use of such assistance. Tolls such period for eligible veterans less than honorably discharged whose discharge is later changed and for veterans detained by a foreign power or physically or mentally disabled through no fault of their own. Permits assistance to be continued for veterans participating in programs not regularly operated on a semester or quarter system and for veterans whose entitlement would otherwise expire mid-semester or during a quarter. Prohibits a veteran from concurrent participation in more than one veterans' educational assistance program. Sets forth administrative provisions, including certification requirements from the veteran and the institution attended as to attendance and the allocation of administrative responsibility to the Veterans Administration and financial responsibility to the Department of Defense (or the Department of Transportation for service in the Coast Guard). Permits a participating member who reenlists for active duty or is discharged for a service-connected disability to elect to receive the educational entitlement in a lump sum according to a prescribed formula. Requires notice of such election to be made to the Secretary concerned within 30 days of discharge from the qualifying duty. Creates a survivor's entitlement to such assistance in the form of a lump sum according to a prescribed formula and order of precedence among survivors. States that allowances for quarters for either members of the armed forces or members of the clergy are not exempt from Federal income taxes. Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to extend medical benefits to a former spouse who was married at least 20 years to a member with at least 20 years of service when a minimum of 15 years (rather than 20 years as currently provided) of such marriage and service coincide. Repeals the requirement that the former spouse have no medical coverage under an employee-sponsored health plan. Grants medical benefits to a former spouse who has a disease or disability attributable to the nature or location of a members' or former members' military service or to treatment at a U.S. military medical facility. Limits the health care available to such former spouses to that necessary for the treatment of such a disease or disability. Entitles both classes of former spouses to post exchange and commissary privileges. Extends medical and post exchange benefits to all eligible former spouses, regardless of the date of divorce. Subpart 2: Health Care Matters - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to permit annual eye examinations for each patient. Includes chiropractic care under such program. Grants active duty dependents access to dental care in the United States on a space available basis. Directs the Secretaries of Defense and Health and Human Services to jointly study: (1) the effects if CHAMPUS adopts a propective payment system a kin to Medicare's; (2) the feasibility of linking provider participation in Medicare with participation by CHAMPUS, particularly if CHAMPUS adopts a prospective payment system; and (3) the impact on the CHAMPUS workload and payment levels to the provider community if such changes take place. Requires the Secretaries to report to specified committees by March 1, 1985. Part F: Personnel Management - Increases the number of general and flag officers on active duty through FY 1985. Directs the Secretary of Defense to reduce the number of military and civilian personnel on management headquarters staffs by at least five percent by the end of FY 1985. Authorizes the Secretary of the Army to promote a reserve general officer who is in inactive status for less than a year solely because such officer's tenure in a selected position has ended. Authorizes the Secretary of the military department concerned to order to active duty a person who has not fulfilled an agreement to complete a service academy education unless such person is earlier separated from service. Permits the Secretary of Defense to extend the military service obligation of Reserve Officer Training Corps (ROTC) scholarship officers and graduates of the service academies from six to not less than six nor more than eight years. Extends for two years, from FY 1984 to FY 1986, the authority of the Secretary of the Navy to temporarily promote certain Navy lieutenants to lieutenant commander. Authorizes the appointment of podiatrists as medical officers. Grants the Purple Heart award uniform display precedence over all but military decorations or awards for valor. Part G: Civil Defense - Authorizes appropriations for FY 1985 to carry out the provisions of the Federal Civil Defense Act of 1950. Repeals the limits on appropriations for certain purposes, including the payment of travel and per diem expenses for students, contribution to States for personal equipment, and administrative expenses. Part H: Defense Procurement Matters - Prohibits the expenditure of Department funds for weapon system or defense equipment procurement in mature full-scale production unless the prime contractor provides written guarantees that such system or equipment conforms to the specified design, manufacturing, and performance standards or that such contractor will cure any defects without cost to the United States. Permits the Secretary of Defense to waive such guarantees in the national interest or if they would not be cost-effective. Directs the Secretary to report such waivers to the Armed Services and Appropriations Committees either as they happen or in an annual report due by February 1. Authorizes the Secretary to negotiate such contract guarantees for projects not in mature full-scale production and to negotiate more stringent guarantees for the required projects. Repeals the provision of the Department of Defense Appropriations Act, 1984, containing current warranty requirements. Directs the the Secretary to prescribe the manner in which the Department negotiates prices for supplies procured from a contractor who does not produce the supplies. Decreases from $500,000 to $100,000 the threshold requiring a prime contractor to submit certified cost and pricing data to the contracting agency. Requires the procurement of supplies in economically advantageous quantities where practicable. Establishes in each covered military department an Office of the Competition Advocate General. Directs each head of such department to designate the Competition Advocate General within such agency to promote competition in the procurement of property and services by reviewing current activities and reporting competitive procurement opportunities to such agency's head. Requires the Advocate to review all noncompetitive procurement above a specified dollar level before a solicitation is issued. Sets forth time and dollar limitations on the review period. Permits a waiver of such review if the program involved is sufficiently classified or urgent so that the actual review or the delay entailed is not advisable. Requires any program or procurement officer acting contrary to the Advocate's recommendation to give the Advocate and the program head written justifications 15 days before acting. Requires the Advocate to transmit an annual report to the agency head. Directs each covered defense agency head to transmit annually to Congress the annual report of the Advocate and all deviations from such Advocate's recommendations. Directs the Secretary of Defense to establish procedures to ensure that personnel appraisal systems in the Department recognize efforts to increase competition and achieve cost savings in contracting. Prohibits any Defense contractor from entering into any agreement with a subcontractor which restricts sales by such subcontractor directly to the United States. Requires a delay in the effectiveness of procurement regulations for purposes of public comment. Directs the head of the defense department or agency responsible for a major weapon system to incorporate in such system whenever possible currently available components or components likely to be required in large quantities. Includes the availability of technical data on such components as a factor in determining the award of a production contract. Requires the head of a defense agency to provide written justification for prequalification standards a potential contractor or product must meet, including the costs such contractor might incur to qualify. Requires that a person be given the right to bid on a defense contract despite the fact that such person is not on the Department's list of qualified bidders or does not have its product on a list of qualified products. States that an agency head need not delay procurement to permit such a person to demonstrate an ability to meet the prequalification standards. Requires such agency head to solicit additional sources of supply and pay the qualifying costs of a potential supplier who is a small business concern if fewer than two actual manufacturers qualify. Requires the reexamination of prequalification requirements within seven years. Requires defense contracts to specify which technical data will be purchased for the items in question, what criteria such data must meet, separate payment for such data, and the respective rights of the contractor and the Government to such data. Requires a contractor to revise and deliver additional data to reflect design changes, certify the accuracy and completeness of all technical data delivered, and cure deficiencies. Permits the Government to withhold payment for data delivery delays. Permits the contracting officer to waive such requirements in the best interests of the Government. Permits specified Government officials to review any contractor restrictions on the use of technical data by the Government. Sets forth the administrative and appeals procedures for such review and challenge, including a cancellation on any restrictions found to be unjustified. Prohibits set-asides for small business participation in the case of the Foreign Military Sales program where the foreign government specifies the qualified sources and only one small business is specified or in the case of a prequalification requirement where only one small business is qualified. Requires the Federal Acquisition Regulations to define a contractor's legitimate proprietary interest in technical data. Directs the Secretary of Defense to mandate the establishment within the appropriate defense agencies of reverse engineering programs for the replication of spare parts by domestic businesses. Requires commercially available parts to be priced at commercially commensurate rates when sold to the Government unless national security or contract conditions require otherwise. Requires a bidder to certify that its price to the Government is its lowest commercial price or to justify the excess. Requires each head of a covered defense agency to develop within the year after enactment of this Act a plan for the management of technical data received under such contracts, including procedures for inventory, update, verification, and access to information. Requires full implementation within five years. Directs the Comptroller General to report to Congress within 18 months on the management plans of the covered agencies. Directs the Secretary of Defense to report to Congress within 180 days after enactment of this Act a plan to improve the Department computer capability to store and access data needed for the procurement of spare parts. Authorizes the Secretary of Defense to enter into cooperative agreements with State and local governments and nonprofit organizations to provide technical assistance to firms seeking to bid for defense procurements. Sets forth application procedures and requirements, including a description of the geographic area to be served, an assurance of matching funds, and a limitation on the percentage of funds going for private consultant services. Requires that at least one cooperative agreement be entered into within each defense contract administration services region. Authorizes appropriations for such purpose for FY 1985 and 1986 and specifies percentages of funds to go to entities which have previously carried out an assistance program. Amends the Selected Acquistion Report (SAR) system and the Unit Cost Report system to: (1) establish a minimum dollar threshold of $2,000,000 on major contracts for which SAR reporting is required; (2) require quarterly SARs only when there is a five percent or greater change in total program cost, or when there is a three month or greater delay in any of the baseline SAR milestones; (3) extend the annual SAR submission date from 30 to 60 days after the submission of the President's budget and provide that quarterly SARs are to be submitted 45 days rather than 30 days after the end of the quarter; (4) require that preliminary reports be submitted within 30 days of such submission; (5) provide for automatic termination of SAR reporting when 90 percent of the deliveries or planned expenditures have been made; (6) delete the requirement to submit multiple unit cost reports when successive baselines have been breached; (7) permit unit cost reports for the end of the first quarter of the fiscal year to coincide with the President's budget submission; (8) limit termination of obligations for research and development, procurement, and military construction funding when there is failure to meet reporting requirements; and (9) provide for severability of such provisions. Establishes a minimum tour of duty of four years or major program milestone completion for officers assigned as program managers of major defense acquisition programs. Amends the Department of Defense Authorization Act, 1984 to permit the Secretary of Defense to limit the application of the spare parts price increase reporting requirements to non-competitive procurement situations. Directs the Secretary to report to the Armed Services Committees by May 1, 1985, on the continued use of independent cost estimates in major defense acquisition programs with emphasis on the adequacy of personnel and financial resources allocated to the development of such estimates. Part I: General Provisions - Expresses the sense of Congress that the countries of NATO, Canada, and particularly Japan are not bearing their commensurate share of the burdens of mutual defense. States that the President should seek acceptance of such responsibilities and a specific agreement for increased support from each such country. Directs the Secretary of Defense to report to Congress by March 1 of each year on a comparison of the equitable defense burden that should be borne, the actual efforts to bear them, the efforts the United States is taking to eliminate any disparities, and other information concerning the mutual defense. Authorizes the Secretary of the Navy to continue participation in the NATO SEA-SPARROW Surface Missile System Cooperative Consortium described in the memoranda of understanding between the United States, Denmark, Norway, Italy, the Netherlands, Belgium, Canada, Greece, and the Federal Republic of Germany, signed June 6, 1968, and May 20, 1977. Amends the Military Selective Service Act to exempt from induction persons whose mother has been killed in the line of duty. Provides protection for the use of Marine Corps insignia from deceptive uses. Amends the Department of Defense Authorization Act, 1983 to extend for another year, through FY 1985, the test program to authorize price differentials to relieve economic dislocations. Applies the prohibitions against construction of naval vessels in foreign shipyards to all military vessels. Authorizes the Secretary of Defense to enter into reciprocal communications support arrangements with allied countries or NATO. Directs the President to submit to the Armed Services Committees, coincident with a request for MX funding, an assessment of the impact of procuring such missiles on the strategic balance, arms control, and the development of more survivable basing modes. Prohibits the expenditure of funds for more than 100 B-1B bombers without previous notice to the Armed Services Committees. Directs the Secretary of the Navy to determine the configuration of the FFG-7 class guided missile frigate. Amends the Department of Defense Authorization Act, 1984 to prohibit the expenditure of funds to test any explosive or inert antisatellite warhead against objects in space unless the President certifies to Congress that: (1) the United States is attempting in good faith to negotiate with the Soviet Union on limitations on such weapons; and (2) such testing is consistent with existing obligations under the Anti-Ballistic Missile Treaty of 1972, not harmful to future negotiations, and essential to the national security. Directs the President to report together with such certifications: (1) the current state of Soviet antisatellite weapon activity; (2) the vulnerability of U.S. satellites to such weapons; (3) how verifiable possible bans or limits on such weaponry would be; and (4) what he plans on doing about negotiating with the Soviets. Gives Congress 30 days to examine such certification and report before funds may be released. Requires 30 percent of all money accruing from the naval petroleum reserves through FY 1985 to be credited to the National Defense Stockpile Transaction Fund. Authorizes appropriations to the Department of Energy for FY 1985 for the exploration and operation of such reserves. Directs the Secretary of Defense to report to the Armed Services Committees by March 1, 1985, on a comprehensive study on the atmospheric, climatic, environmental, and biological consequences of nuclear war and the implications thereof for nuclear weapons strategy and policy, arms control policy, and civil defense policy. Prohibits the use of funds for polygraph examinations except for the conduct of a specified test program. Directs the Secretary to report to the Armed Services Committees by December 31, 1985, on the use of such tests during FY 1985. Excludes specified intelligence personnel from such restriction. Authorizes the Secretary of the Air Force to provide equipment and uniforms to the Civil Air Patrol and to arrange for their use of other services' facilities. Increases from one to two the Coast Guard membership on the Reserve Forces Policy Board. Directs the Secretary of the Air Force to report to Congress by January 1, 1985, on the planned operational utilization of the Air Force's air refueling fleet throughout the remainder of the decade, including its use for the Single Integrated Operational Plan (SIOP) and the growth of contingency operations worldwide. Directs the President to transmit to Congress the report by the General Advisory Committee on Arms Control of the Arms Control and Disarmament Agency, "A Quarter Century of Soviet Compliance Practices Under Arms Control Commitments: 1958-1983 (U)", dated November 1983. Permits the President to delete material which would compromise the national security. Expresses the sense of Congress that halving the cost-of-living adjustment for certain Federal and military retirees under the age of 62 should be stopped after FY 1985. Authorizes the Administrator of General Services to utilize a specified amount of silver from the National Defense Stockpile during FY 1985 and 1986 to mint silver dollar coins according to certain specifications. Sets forth conditions for the distribution of such coins, with net proceeds from sales going to the National Defense Transaction Fund. Expresses the sense of Congress that the pertinent members of NATO should meet or exceed their defense spending obligations and that Japan should further increase its defense spending in FY 1984 and 1985. Expresses the sense of Congress that all funds appropriated for the Advanced Technology Bomber and Advanced Cruise Missile programs should be fully utilized for such programs and not for any other purpose because of the critical role such weapons systems play in the national defense. Directs the Secretary of Defense to study how currently and through organizational or funding changes, the Department can best utilize technology obtained in whatever way from foreign sources. Directs the Secretary to report to the Armed Services Committees by March 1, 1985, on the results of such effort. Prohibits the Secretary of the Army from transferring any functions of the Foreign Science and Technology Center of the Material Development and Readiness Command of the Army until such report has been made. Directs the Secretary of Defense to report to the appropriate congressional committees by March 1 of each fiscal year between FY 1986 and 1990 on the Strategic Defense Initiative, including programs, projects, objectives, technology base efforts, and funding. Urges the Socialist Republic of Vietnam to set an early date for the next technical meeting on the POW/MIA issue and for the repatriation of eight known sets of remains. Urges the President to ensure that the POW/MIA issue remains an active and high priority in his administration. Directs the President to report to Congress on this issue, describing current actions being taken by the Government. Amends the Omnibus Budget Reconciliation Act of 1981 to extend for three years, through FY 1989, the authorization of appropriations for impact aid to local educational agencies to subsidize the costs of educating the military dependents of members of the armed forces stationed in such area. Directs the Secretary of Education to publish by November 15 of each fiscal year the percentage change in the consumer price index used to calculate such payments. Amends the Department of Defense Authorization Act, 1984 to extend for two years, through FY 1987, the authorization of appropriations for the long-term lease or charter of aircraft or naval vessels under specified conditions. Prohibits the use of such funds to enter into leasing contracts with a termination liability in excess of 50 percent of the value of the article in question unless Congress has specifically authorized the obligation of at least ten percent of such liability. Requires guidelines for such leasing to be issued by the Director of the Office of Management and Budget and the Secretary of the Treasury by October 31, 1984. Extends from 12 to 18 the maximum number of years an enlisted member of the uniformed services assigned to sea duty is entitled to receive career sea pay. Increases the amount of proficiency pay for members of the uniformed services performing extremely difficult or unusually responsible duties. Directs the Secretary concerned to designate which skills are deserving of special duty assignment pay. Prohibits concurrent payment of special pay under the former and revised formats to members entitled to special pay as of the date of enactment. Amends the reenlistment bonus provisions to increase from $20,000 to $25,000 the maximum amount of bonus payable, but limits to ten percent the number of bonuses which may be paid out at the highest rate. Expresses the sense of Congress that the President should seek through the United Nations the cooperation of the Governments of Vietnam, the United States, the People's Republic of China, the United Kingdom, Singapore, Australia, Canada, and the Philippines to ascertain the fate of the 46 crewmen of the U.S. vessel Glomar Java Sea which sank in the South China Sea on or about November 1, 1983. Expresses the sense of Congress that the President should negotiate with the Government of Japan not to require the modification of personal vehicles of members of the U.S. armed forces stationed in Japan. Directs the Secretaries of Defense and State to report to Congress on actions taken or which might reasonably be taken. Directs the Secretary of the Navy to provide certain supplemental information in an environmental impact statement prepared in connection with the transfer of Navy personnel from Arlington, Virginia, to the Washington Navy Yard, Washington, D.C., including an analysis of: (1) the socio-economic impact on the Virginia area; (2) the impact on bridge capacity over the Potomac River; (3) the impact on shuttle requirements of the Department of Defense; (4) the overall impact of this and other personnel moves, including the impact on parking; and (5) the impact on the conduct of Navy business such as communications, security, and contractors. Establishes the Commission on Merchant Marine and Defense to evaluate the capability of the U.S. merchant marine to provide transportation of cargo and personnel for national defense purposes in time of war or national emergency and the adequacy of the shipbuilding mobilization base in the United States. Authorizes the Secretary of the Navy and the Administrator of Marine Administration to detail personnel to such Commission. Requires the Commission to report its conclusions and recommendations to the President and Congress by the end of FY 1985, 1986, and 1987. Authorizes appropriations. Terminates the Commission after it submits its final report. States that the Senate commends the President for his announced support of improved communications links between the United States and the U.S.S.R. and other measures to reduce the risk of nuclear confrontation and for his initiation of negotiations. Urges the President to pursue these negotiations and add to them the establishment of nuclear risk reduction centers in both nations. Directs the Secretary of Defense to report to Congress by December 1, 1984, on a comprehensive plan by which the United States and NATO members may achieve armaments cooperation and compatability. Expresses the sense of Congress that the President should report to the appropriate congressional committees by December 31, 1984, on existing and planned programs and their cost to support verification of compliance with the 1972 Biological and Toxin Weapons Convention and a chemical weapons ban. Amends the impact aid program to local educational agencies for the costs of educating military dependents to prohibit proration of amounts attributable to numbers of children in certain circumstances and to make eligible for assistance certain otherwise ineligible agencies whose school districts are coterminous with the boundaries of a military installation. Expresses the sense of Congress that the free world should ensure that the people of Afghanistan have adequate food and medical supplies while their country is being invaded by the Soviet Union. Expresses the sense of Congress that the President should urge the Soviet Union to: (1) return to the START and INF negotiations; (2) include verifiable limitations on sea-launched cruise missiles equipped with nuclear warheads; and (3) accept onsite inspections as necessary for verification of mutual arms reductions. Expresses the sense of Congress that: (1) the United States and the Soviet Union should vigorously pursue compliance with existing strategic and other arms control agreements, seeking corrective action if appropriate through the Standing Consultative Commission and other available diplomatic channels; (2) the United States should continue through December 31, 1985, its stated policy of mutual restraint from undercutting existing agreements; (3) the President should report to Congress by September 15, 1984, on Soviet adherence to a no- undercut policy; and (4) the President should report to Congress by June 1, 1985, on the implications of the U.S. Ship Alaska's sea trials (MIRV launcher) on the no-undercut policy, possible Soviet reaction to the termination of the U.S. no-undercut policy, and the implications of changing this interim restraint policy. Expresses the sense of Congress that the International Olympic Committee should establish a permanent facility for the Olympic games on a politically neutral site. Reaffirms the United States' policy of containing Cuba's current Marxist-Leninist regime and supporting the self-determination of the Cuban people. Expresses the sense of Congress that the President shall inform and consult with NATO nations, Japan, and other appropriate allies on the research being conducted in the Strategic Defense Initiative program and that the Secretary of Defense shall report to the appropriate committees of Congress at budget submission time after FY 1984 on the status of such consultation. Expresses the sense of the Senate that the Presidents of the United States and the U.S.S.R. should have a nuclear arms summit at the earliest practical time. Limits the amount of funds which may be obligated during FY 1985 for consulting and related services. Authorizes the Secretary of Defense to transport to any Central American country humanitarian assistance on a space available basis. Sets forth the terms and conditions for such transportation. Requires the Secretary to report to Congress after FY 1985 on the source, contents, and disposition of all transported goods. Directs the Secretary of Defense to form a Joint Service Study Group on the dress and appearance standards for members in the armed services, particularly those members wishing to abide by religious tenets which involve religious garb. Requires a report to be made to the Armed Services Committees by January 1, 1985, the date by which any changes in military dress regulations resulting from such study should be implemented. Expresses the sense of Congress that at the earliest possible date the President should request the Senate to ratify the Threshold Test Band and Peaceful Nuclear Explosions treaties, signed in 1974 and 1976, and propose to the Soviet Union a resumption of negotiations toward a verifiable comprehensive test ban treaty. States that the United States has no obligation under international law to comply with any bilateral arms control agreement with the Soviets which the Soviets are violating. Urges the President and the Secretary of Defense to continue to encourage NATO members to fulfill their commitments, including a three percent real increase in defense spending, a 30-day supply of munitions for those with forces committed to the Center Region, and the construction of certain facilities and shelters to support the U.S. reinforcing tactical aircraft. Prohibits the use of funds after FY 1985 for maintaining U.S. armed forces in NATO nations above a specified ceiling. States that Congress would consider raising such personnel ceiling if the Secretary certifies that such nations have taken significant measures to increase their conventional defense capacity. Directs the Secretary to report to the Armed Services Committees every March 1 on the end-of-year status of NATO members' supplies of munitions for the Center Region forces and the number of supporting facilities and shelters completed or under construction. Directs the Secretary to report to Congress by March 1 of each year on the status and cost of the U.S. NATO commitment as reflected in the DPQ Response and the defense budget request. Requires such report to also assess the performance of NATO members in: (1) contributions to the common defense; (2) improvement in sustainability and support for the U.S. reinforcing tactical aircraft; (3) meeting NATO force goals; (4) improving the NATO infrastructure funding; and (5) other aspects related to the ability to wage and sustain conventional war. Authorizes the Director of Test and Evaluation, Defense to use additional funds to acquire certain NATO member manufactured defense articles for side-by-side testing with U.S. manufactured items. Nullifies these strictures and requirements concerning NATO in the event of a declaration of war or an armed attack on any NATO member nation. Authorizes the President to waive them upon declaring an emergency and notifying Congress of the same. Prohibits the use of funds for the permanent diversion of cargo to reduce the ports of call for breakbulk shipments carried on Military Sealift Command vessels with a Pacific Ocean destination. Amends the Military Justice Act to delay the due date for a report by the commission studying the military code to the Armed Services Committees. Prohibits the contracting out of essential logistic functions of the Department. Permits the Secretary of Defense to waive such prohibition if it is determined that Government performance of a function is no longer essential for the national defense. Requires all waivers to be reported to the Armed Services Committees. Requires that a list of essential logistics functions be submitted to such committees by April 1, 1985. Prohibits the disposition of certain excess lands in the vicininty of Bull Shoals Lake, Arkansas. Requires the Department of Defense to certify that metal millform products procured by the Department contain no Cuban or Russian nickel. Part J: Codification of Certain Recurring and Other Provisions of Law - Codifies specified provisions of law into Title 10. Part K: Clerical Amendments to Title 10, United States Code - Makes clerical amendments to Title 10. Title II: Military Construction Matters - Military Construction Authorization Act, 1985 - Part A: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Permits the obligation of funds for certain projects only out of savings derived from other projects or project cancellations. Requires the Secretary to certify to Congress that such funds are available before moving forward on such projects. Permits the Secretary to construct or acquire family housing units at specified installations in specified amounts. Permits the Secretary to improve existing military family housing units, earmarking certain funds for energy conservation projects. Part B: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Permits the obligation of funds for certain projects only out of savings derived from other projects or project cancellations. Requires the Secretary to certify to Congress that such funds are available before moving forward on such projects. Authorizes the Secretary to carry out a water supply and flood control project for the Santa Margarita River, Marine Corps Base, Camp Pendleton, California. Authorizes the Secretary to construct or acquire family housing units at specified installations. Authorizes expenditures to improve existing military family housing units. Part C: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Permits the obligation of funds for certain projects only out of savings derived from other projects or project cancellations. Requires the Secretary to certify to Congress that such funds are available before moving forward on such projects. Prohibits the construction of facilities to support the basing of the ground-launched cruise missile system at Woensdrecht Air Base, the Netherlands, until the Netherlands and the United States have a written agreement concerning such basing. Authorizes improvements to existing military family housing units, earmarking certain funds for energy conservation projects. Permits the Secretary to improve existing military family housing units as specified. Part D: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Permits the obligation of funds for certain projects only out of savings derived from other projects or project cancellations. Requires the Director of a defense agency to certify to Congress that such funds are available before moving forward on such projects. Authorizes the Secretary of Defense to acquire excess Federal land adjacent to Fort McNair, Washington, D.C., for additional facilities for the National Defense University. Authorizes the Secretary to acquire land known as the Appraiser's Store in Baltimore, Maryland. Permits the Secretary to construct or acquire family housing units at specified installations. Permits expenditures to improve existing units. Amends the Military Construction Authorization Act, 1984 to increase the authorization level for defense agency construction in FY 1984. Part E: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure program. Part F: Authorization of Appropriations and Recurring Administrative Provisions - Authorizes appropriations for fiscal years after FY 1984 for military construction, land acquisition, and military family housing functions of the Departments of the Army, the Navy, and the Air Force and the defense agencies. Authorizes appropriations for the NATO Infrastructure program. Limits the total cost of all projects to the total amounts authorized to be appropriated for each military department concerned. States that such authorizations shall expire at the end of FY 1986 except as otherwise specified. Establishes maximum amounts on certain expenditures, including unspecified minor military construction projects and per unit improvement and rental costs for military family housing. Part G: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after FY 1984 for the costs of acquisition, architectural and engineering services, and construction of facilities for the guard and reserve forces. Expands the authority of the Secretary to contribute funds to a State for arms storage rooms to encompass any critical portion of State facilities related to a Federal military mission. Prohibits the use of lands comprising Camp Shelby, Hattiesburg, Mississippi, for purposes other than military training unless such lands were permitted to another use before the enactment of this Act. Part H: General Provisions - Expands the liability of a member of the armed forces for damage to housing, equipment, and furnishings to include damage to an unaccompanied personnel housing unit as well as a family unit. Permits the Secretary to establish limitations of liability or compromise or waive a claim. Increases from five to 12 the percent of available real property funds the Secretary of the military department may use to acquire options. Treats land acquisition projects involving condemned lands the same as all other land acquisition projects conducted by a military department. Requires the Secretary to report to Congress when contract cost variations are in excess of 25 percent if the total cost under the contract exceeds the maximum amount for a minor military construction project. Expands the Secretary of Defense's emergency construction authority to activate it whenever the President determines an imminent threat to the national security exists such that current facilities would be inadequate to meet a mobilization effort. Terminates such authority in six months or at the end of a declared war or national emergency. Authorizes the Secretary of a military department to use operation and maintenance or construction funds to restore land to a condition required by another military department or Federal agency which has permitted such land to that department. Amends the Military Construction Authorization Act, 1983 to permit the use of funds for projects in the Federal Republic of Germany in support of the master restationing plan before there is a written cost-sharing agreement between such country and the United States. Authorizes the Secretary of a military department to sell to utility companies electrical energy generated from alternate energy or cogeneration type production facilities under such Secretary's jurisdiction. Authorizes the Secretary of the Navy to accept in exchange for Southern California Edison Company's use of warehouse space at the Marine Corps Base, Camp Pendleton, California, replacement warehouse facilities and fair rental value for the used space. Authorizes the Secretary of the Navy to replace substandard housing units known as the Sterling Homes Project, Oceanside, California, serving as military family housing for Camp Pendleton personnel. Permits the use of Department funds for the installation, repair, and maintenance of telephone wire in private residences leased or owned by the Government. Directs the Secretary of the Army to demolish an equivalent area of World War II temporary wooden structures for every new Army facility added after January 1, 1985. Permits the waiver of such requirement for up to 20 percent of the affected footage. Terminates such requirement after December 31, 1989. Requires the setting aside for small business concerns of architectural, design, and engineering services contracts below a specified amount during FY 1985. Authorizes the Secretary of the Air Force to exchange specified lands with the Colorado Board of Land Commissioners to acquire title to or interests in lands in the vicinity of Consolidated Space Operations Center, Falcon Air Force Station, Colorado. Authorizes the Secretary of the Navy to convey specified lands or an easement in perpetuity to such lands on the Marine Corps Air Station (helicopter), Tustin, California, to the Irvine Company or the cities of Tustin and Irvine for the development of a public thoroughfare. Requires the Irvine Company to convey to the United States certain rights to lands known as the Browning Corridor. Requires such cities and the Irvine Company to reimburse the United States for the costs of replacing the helicopter training facility displaced by the above conveyance to them. Authorizes the Secretary of the Air Force to convey lands on the March Air Force Base, California, to the Village West Foundation, San Bernardino, California, in exchange for lands of the same market value, the fair market value, or some combination of cash and land comprising the fair market value. Retains a right of reversion to the United States if such land is not used for permanent facilities for the Foundation within ten years, or in portions of the land which cease to be used for Foundation purposes during a 40-year period. Prohibits the Foundation from disposing of such land for 50 years. Authorizes the Secretary of the Army to convey without consideration specified lands located in Lompoc, California, to the city of Lompoc for a permanent site for a space science museum or for related education and recreation purposes. Authorizes the Secretary of the Navy to convey lease rights comprising specified lands and improvements to the San Diego Unified Port District, California, in exchange for a replacement facility and the costs of relocation. Authorizes the Secretary of the Navy to exchange specified lands with the City of San Diego, California, or the San Diego Energy Recovery Project (SANDER) comprising or near the Naval Air Station, Miramar. Limits the use of construction funds for a hospital at Fort Lewis, Washington, to site preparation construction work. Directs the Comptroller General to study the optimal funding for Department of Defense dependent schools, including the possibility of transferring such schools to the local school districts. Amends the Military Construction Authorization Act, 1984 to permit the construction of concrete housing for military family housing overseas if the materials, fixtures, and equipment used in the construction (except for the actual concrete components) are manufactured in the United States. Authorizes the Secretary of the Navy to convey to the Naval Academy Athletic Association for fair market value specified lands comprising a portion of the U.S. Naval Academy, Annapolis, Maryland. Provides for a reversion to the United States if the Association does not develop such land for a use compatible with the activities of the Academy or use such land for a period of one year after it is developed. Title III: Department of Energy Program - Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act, 1985 - Part A: National Security Matters - Authorizes appropriations for the Department of Energy (DOE) for FY 1985 for plant and capital equipment and operating expenses in carrying out national security programs concerning the military applications of nuclear energy in the following areas: (1) naval reactors development; (2) weapons activities; (3) verification and control technology; (4) materials production; (5) defense waste and byproducts management; (6) nuclear safeguards and security; and (7) security investigations. Part B: General Provisions - Prohibits the use of funds authorized under this Act: (1) where the costs of the program exceed 105 percent of the program authorization or the costs exceed by more than $10,000,000 the amount authorized by this Act, whichever is the lesser; and (2) for programs which have not been presented to or requested of Congress, unless 30 calendar days have elapsed since the Secretary of Energy has presented to the appropriate congressional committees a full and complete statement of the action proposed. Authorizes the Secretary to start any general plant project only if the maximum estimated cost of such project does not exceed $1,000,000. Sets forth procedures for approval of projects that exceed the 25 percent estimated cost provision, and exempts from such procedures any project which has an estimated cost of less than $5,000,000. Allows the transfer of funds from specified projects to other Government agencies for the performance of work for which the appropriation is made. Authorizes the Secretary to perform construction design services for construction projects in support of national security programs as appropriated under this Act. Directs the Secretary to notify the appropriate committees of Congress within 30 days of planning and design costs in excess of $300,000. Authorizes funds for emergency construction design pay increases. Permits funds to remain available until expended if so specified in an appropriation Act. Requires all litigation involving the atomic weapons testing program, including suits now filed against contractors who operate or operated Government-owned facilities relating to atomic energy national defense activities, including weapons testing, to be maintained against the United States under the substantive and procedural requirements of the Federal Tort Claims Act. Directs the President to establish a Blue Ribbon Task Group to examine the Departments of Defense's and Energy's procedures for funding the nuclear weapons programs. Requires the President to submit to the Armed Services Committees the names and qualifications of group members together with a plan to complete the required report. Directs the Group to report to the President and the Armed Services Committees within 180 days after enactment of this Act on ways to improve interdepartmental coordination, cost effectiveness, and a recommendation as to whether the Department of Defense should assume funding authority after enactment of this Act. Directs the President to establish within 30 days after enactment of this Act the Technical Review Group on Inertial Confinement Fusion to review the current inertial confinement fusion program of the United States and to report the results to the President and Congress in interim reports, with a final report due January 1, 1986. Terminates such group upon the submission of the final report. Continues in force the provisions of Executive Order Numbered 12344 pertaining to the Naval Nuclear Propulsion Program. Permits the Secretary of Energy to obligate specified funds for 155-millimeter artillery-fired, atomic projectile production facilities. Sets forth conditions for such projectile and the 8-inch atomic-fired artillery projectile, including limits as to the number and versions of such weapons which may be produced at specified times. Prohibits the Secretary from moving forward with such projectiles until the Secretary of Defense submit an implementation plan to the Armed Services Committees. Title IV; United States Academy of Peace Act - United States Academy of Peace Act - Establishes the United States Peace Academy as an independent, District of Columbia nonprofit corporation empowered to: (1) establish a Center for International Peace with appointed scholars and leaders to pursue scholarly inquiry or other appropriate communications on international peace and conflict resolution; (2) establish divisions, programs, schools, and offices; (3) enter into relationships with other institutions to further its purposes; (4) conduct research and studies on the causes of war and other international conflicts and the elements of peace, both current and historical; (5) increase the availability of international peace and conflict resolution information and capabilities; (6) promote and enhance peace education and research programs; (7) conduct training programs for individual development of international peace and conflict resolution skills; (8) disseminate selected products of the Academy and other information available in the field; (9) recommend the establishment of a United States Medal of Peace for non-Academy persons; and (10) secure information from the Federal Government, including classified information, which would enhance the Academy's ability to further the promotion of international peace and conflict resolution. Authorizes the Academy to make grants to enter into contracts with various nonprofit or official public institutions, e.g. universities or research institutions, to support research, promote study, educate the Nation, and otherwise assist the Academy in its efforts to promote international peace and conflict resolution. Authorizes the Academy to requests from Federal entities on issues within the Academy's competence. Authorizes the Academy to obtain grants and contracts for research for specified Federal entities, including the Departments of State and Defense and the intelligence community. Prohibits the Academy from entering into any kind of financial dealings with a foreign government or national or international organization through contract or grant except for the payment of tuition by foreign nationals for Academy instruction. Vests the powers of the Academy in a Board of Directors composed of representatives of both parties from both the House and Senate and of other qualified persons appointed by the President and confirmed by the Senate. Directs the Board to appoint all necessary officers, including a president. Empowers the president to establish employment policy including requesting the assignment of Federal employees or congressional members to the Academy. Makes the Academy responsible for various housekeeping measures, including the keeping of complete financial records and other recordkeeping requirements standard to a nonprofit corporation. Requires the accounts of the Academy to be audited annually with a report on such audit going to the President and each House of Congress within six months of the close of the Academy's fiscal year. Authorizes appropriations for the Academy through FY 1986 for the acquisition through purchase or lease of space within easy reach of the District of Columbia. Permits the transfer of unobligated funds to the Endowment of the United States Academy for Peace, an Academy-established entity authorized to receive and invest funds in furtherance of the Academy. Requires that any Endowment use of appropriated funds be reported to the President and Congress. Prohibits the Academy or the Endowment from accepting private funds. Reverts all income and assets of the Academy or its legally created entities to the Treasury upon dissolution or final liquidation. Directs the Chairman of the Board to report biannually to Congress and the President on the progress of the Academy in fulfilling its purposes. Requires the President to transmit to Congress the recommendations of the appropriate Federal agencies. Directs specified congressional committees to hold hearings to review such findings and recommendations. | 2025-08-29T17:41:59Z |