Department of Defense Appropriations Act, 1990

Department of Defense Appropriations Act, 1990 - Title I: Military Personnel - Appropriates funds for FY 1990 for military and reserve personnel in the Army, Navy, Marine Corps, and Air Force, and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY 1990 for the operation and maintenance of the Army, Navy, Marine Corps, Air Force, the Office of the Inspector General, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for the Army's National Board for the Promotion of Rifle Practice, the Court of Military Appeals, environmental restoration (including a transfer of funds), support and personnel services for the Goodwill Games, and humanitarian assistance.

Title III: Procurement - Appropriates funds for FY 1990 for the procurement by the Army of aircraft, missiles, weapons and tracked combat vehicles, and ammunition, and for other procurement.

Appropriates funds to the Navy for procurement of aircraft and weapons, for shipbuilding and conversion, and for other procurement.

Appropriates funds for Marine Corps procurement.

Appropriates funds for procurement by the Air Force of aircraft and missiles and for other procurement.

Appropriates funds for: (1) National Guard and Reserve equipment; (2) procurement by the defense agencies; and (3) Defense Production Act purchases (including a transfer of funds).

Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1990 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies. Appropriates funds for the expenses of the Deputy Director of Defense Research and Engineering, and the Director, Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for the Navy, Air Force, and defense stock funds and for the Emergency Response Fund.

Title VI: Chemical Agents and Munitions Destruction, Defense - Appropriates funds for the destruction of the U.S. stockpile of lethal chemical agents and munitions.

Title VII: Other Department of Defense Appropriations - Appropriates funds for drug interdiction and enforcement activities of the Department of Defense (DOD) not otherwise provided for in this Act. Allocates such funding between various operations and expenses of the Army and Air National Guard.

Title VIII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Staff; and (3) the Mildred and Claude Pepper Foundation.

Title IX: General Provisions - Prohibits the use of appropriations for unauthorized publicity or propaganda.

Authorizes the Secretaries of Defense and of the military departments to procure the services of experts and consultants if advantageous to the national defense. Exempts DOD from the prohibition against employing non-citizens.

Limits the rate of salary increases granted to direct and indirect hire foreign national employees of DOD.

Directs the Secretary of Defense and each agency of DOD to assist American small and minority-owned businesses in their participation in defense contracts.

Provides that no part of any appropriation contained in this Act may remain available for obligation beyond the current fiscal year, unless expressly so provided.

Prohibits the use of appropriations for proficiency flying.

Prohibits the obligation of more than 20 percent of funds appropriated by this Act during the last two months of the fiscal year, except as specified.

Permits DOD and defense agencies to accept the use of real property and services from foreign countries in accordance with mutual defense agreements or occupational arrangements or as reciprocal international courtesies. Directs the Secretary to report quarterly to the Congress and the Office of Management and Budget (OMB) on the properties and services received.

Prohibits the use of appropriations for the procurement of any food, clothing, specified cloth (including cotton, silk, and wool) or synthetic fabrics, or specified metals not grown, produced, or processed within the United States, with specified exceptions.

Permits the use of appropriations for uniforms or uniform allowances for civilian employees.

Authorizes the Secretary, in the national interest and with the approval of OMB, to transfer and merge specified working capital funds. Directs the Secretary to notify the Congress of all transfers. Limits the cash balances to be maintained in such funds.

Prohibits the use of appropriated funds for: (1) the purchase of coal or coke from foreign nations for use at U.S. defense facilities when U.S. coal is available; (2) heating plant fuel conversion at defense facilities in Europe; (3) the initiation of a special access program without prior notification to the Appropriations and Armed Services Committees; (4) the preparation of a request to the Appropriations Committees for reprogramming of funds, except as specified; (5) certain claims for physicians or provider reimbursement for medical services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); (6) planning or executing programs which utilize funds credited to DOD as payment for defense articles under provisions of the Arms Export Control Act; or (7) programs of the Central Intelligence Agency (CIA) beyond FY 1991, with specified exceptions.

Permits the Secretary to contract with collection agencies to recover indebtedness owed to the United States.

Prohibits the use of appropriations for: (1) nonreimbursed medical care in the United States furnished to foreign military or diplomatic personnel or their dependents; (2) certain multiyear contracts utilizing economic order quantity procurement or unfunded contingent liabilities in excess of a specified amount. Specifies defense articles which may be procured under multiyear procurement contracts using FY 1990 appropriations.

Prohibits the use of appropriations for unjustified intelligence activity, unless the Appropriations Committees are notified.

Prohibits the use of this Act's funds to convert a civilian technician's position in support of the Reserve or National Guard to a military technician position if such conversion would reduce the total number of civilian technicians in support of the Reserve or National Guard below a specified number.

Prohibits the management of civilian personnel on the basis of end strengths.

Prohibits the use of appropriated funds for: (1) leasing DOD aircraft or vehicles to non-Federal agencies when commercial alternatives are available; (2) congressional lobbying; (3) the pay of certain nonmilitary Army Reserve technicians; (4) purchasing dogs or cats to study the medical treatment of wounds; and (5) the floating storage of petroleum in non-U.S. vessels.

Permits the use of funds for removing feral burros and horses.

Permits the appropriation of funds for humanitarian and civic assistance costs incident to authorized operations of the armed forces. Authorizes the Secretary of the Army, upon a certain determination, to provide medical services (and transportation thereto) at Army medical facilities in Hawaii for no more than 250 civilian patients from specified territories of the United States in the Pacific region.

Authorizes the Secretaries of the Army and the Air Force to retain in active status certain officers who need such status in order to maintain employment as a National Guard or Reserve technician.

Prohibits the use of funds appropriated by this Act to make contributions to the Department of Defense Education Benefits Fund for educational assistance for a member of the armed services who receives an enlistment bonus. Provides conditions and limitations to such prohibition.

Prohibits the use of funds appropriated by this Act for the basic pay and allowances of a member of the Army participating as a full-time student and receiving benefits through the Secretary of Veterans Affairs when time spent as a full-time student is credited toward completion of a service commitment.

Limits the availability of appropriations for postsecondary educational costs for off-duty training of military personnel to specified percentages of such costs.

Prohibits the use of appropriated funds for conversion to contractor performance of an activity or function of DOD that is currently performed by more than ten DOD civilian employees until a cost analysis on such performance is completed and certified to the Appropriations Committee.

Prohibits the use of funds for the procurement of 120mm mortars or ammunition for such mortars if manufactured outside the United States.

Permits the use of DOD funds at sites formerly used by DOD for the removal of unsafe buildings or debris, under certain conditions.

Prohibits the use of Army appropriations for depot maintenance equipment unless the civilian personnel strength at Army depots performing communications electronics depot maintenance are greater than the strengths assigned those depots on September 30, 1985, with specified exceptions.

Prohibits the use of appropriated funds for the acquisition of major automated information systems which have not successfully completed specified oversight reviews.

Prohibits the use of appropriated funds for the payment of salaries of any persons who authorize the transfer of unobligated and deobligated funds into the Reserve for Contingencies of the CIA.

Requires funds appropriated under this Act for CIA construction projects to remain available until expended.

Authorizes the Secretary of the Navy to use specified funds to charter ships for use as auxiliary minesweepers, under specified conditions.

Limits the amount of funds available from this Act for the execution of a contract for the CHAMPUS Reform Initiative. Prohibits the imposition upon the State of Hawaii of any State or local general excise or sales tax in connection with such a contract unless such taxes are uniformly imposed upon all similar providers of health care services.

Permits the use of appropriated funds to fully utilize the facilities at the U.S. Army Engineer's Waterways Experiment Station, with a specified exception.

Defines the phrase "program, project, and activity" for appropriations contained in this Act for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

Earmarks specified funds appropriated to the Army under this Act for the Reserve Component Automation System (RCAS), with certain limitations on the expenditure of such funds.

Prohibits the use of appropriated funds for fixed-price contracts exceeding $10,000,000 for the development of a major defense system or sub-system, unless the Under Secretary of Defense for Acquisition and the Secretary of Defense take specified action.

Provides that monetary limitations on the purchase price of passenger motor vehicles shall not apply to vehicles purchased for certain intelligence activities.

Earmarks specified funds for the construction of classified military projects within the continental United States.

Prohibits the use of appropriated funds for the procurement of welded shipboard anchor and mooring chains manufactured outside the United States.

Authorizes DOD to transfer prior-year unobligated balances to the operation and maintenance appropriations of the reserve components in order to provide military technician pay and DOD medical personnel and programs the same exemption from the Gramm-Rudman-Hollings Act as is currently granted to other military personnel accounts, with specified exceptions. Prohibits any funds available to the Department of the Navy from being used to enter into any contract for the overhaul, repair, or maintenance of any naval vessel on the west coast which includes interport differential charges as a factor for the award of such contract.

Prohibits any funds available to any entity of the U.S. Government from being obligated or expended during FY 1990 to provide funds or other assistance to the Nicaraguan democratic resistance unless in accordance with terms of the Intelligence Authorization Act for FY 1990.

Prohibits funds provided in this Act from being obligated or expended for the procurement of certain remote sensing data except by the Defense Mapping Agency.

Requires the designs of specified military aircraft to incorporate certain standard avionics specifications no later than 1998.

Requires FY 1990 pay raises to be absorbed within levels appropriated in this Act.

Directs the Secretary of Defense to require that providers of services under CHAMPUS also provide services to active military members in accordance with the same reimbursement rules as apply under CHAMPUS.

Authorizes the Secretary to make specified funds available to the Coast Guard to be used for operational support, exclusive of administrative costs.

Transfers specified funds from working capital to the operations and maintenance appropriations contained in this Act to be merged with and be available for the same purposes and time period as the appropriations to which transferred.

Directs the Secretary to ensure that at least 50 percent of the polyacrylonitrile carbon fiber requirement be procured from domestic sources by 1992.

Provides for the accounting treatment of expenses incurred by the United States in monitoring Soviet implementation of the INF Treaty. Authorizes funds appropriated in this Act to be used for reimbursing U.S. personnel for reasonable costs of subsistence incurred while accompanying Soviet inspection team members engaged in activities related to the INF Treaty.

Requires DOD to exclude from diagnosis-related groups regulations: (1) inpatient hospital services in a hospital whose patients are predominately under 18 years old; and (2) certain discharges involving children and newborn infants.

Reduces the total amount appropriated to DOD by this Act to reflect savings resulting from the decreased use of consulting services by DOD. Earmarks specified funds from this Act for the procurement of advisory or assistance services by DOD. Directs the Secretary to report quarterly to the Congress concerning the procurement of such services. Requires each report to be transmitted to the Comptroller General for review, comments, and recommendations.

Provides funds from this Act for the transportation for the next-of-kin of individuals who have been prisoners of war or missing in action from the Vietnam era to an annual meeting in the United States.

Requires limited funds to be available to the Air Force to execute the cleanup of uncontrolled hazardous waste contamination at Hamilton Air Force Base, California. Requires the Secretary and the General Services Administration to enter into an agreement with the purchaser of the landfill at such site resolving all disputes relating to the withdrawal of the landfill and buffer acreage from the original sale parcel. Allows such funds to be expended on any preconstruction and related activities and to the extent required under Federal and State environmental laws.

Prohibits funds appropriated in this Act from being used to conduct an environmental impact study of the feasibility of purchasing land in Georgia for the proposed Southeast Weapons Range.

Requires grantees receiving Federal funds for Federal programs or projects to clearly state: (1) the percentage of the program or project which will be financed with Federal money; and (2) the total dollar amount of Federal funds for the program or project.

Prohibits funds available to DOD or the Navy from being used to: (1) establish or operate certain placement billets or functions at the Chief of Naval Personnel or the Naval Military Personnel headquarters; or (2) transfer certain personnel from the Naval Personnel Center and the Enlisted Personnel Management Center until certain congressional report-and-wait requirements are complied with.

Prohibits the procurement from foreign sources of second or third generation night vision intensifier tubes and services, except on a case-by-case basis when domestic supplies are not available.

Requires the executive branch to conclude its examination of specific anti-satellite arms control options and rules of the road regarding space activities without delay, and include its recommendations and conclusions from such examination in a report to the Congress as required under the Dire Emergency Supplemental Appropriations Act. Directs the President to: (1) assess the national security implications of a mutual deployment of cooperative monitoring and verification technologies; and (2) take advantage of a certain current defense talks forum with the Soviet Union to explore adequately verifiable limitations on the development, testing, production, and deployment of weapons capable of directly threatening U.S. military satellites.

Prohibits certain funds available to DOD from being used for the B-1B's ALQ-161A CORE program until after the Secretary has notified the Congress of his intention to use funds for such purpose.

Prohibits funds from this Act from being available for the procurement of multibeam sonar mapping systems which are not manufactured in the United States.

Extends through FY 1990 the availability of funds for special operations forces patrol boats.

Requires the Secretary of the Army, during FY 1990, to transfer to the Secretary of the Interior wild horses and burros removed from the White Sands Missile Range. Requires the Secretary of the Interior to treat all animals so removed as excess animals removed under the Wild Free-Roaming Horses and Burros Act.

Prohibits the obligation or expenditure of funds appropriated in this Act for the preparation of any material with respect to actual or projected employment impact in a particular State or district of a defense acquisition program for which all research, development, testing, and evaluation has not been completed.

Prohibits funds appropriated by this Act from being available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement makes certain determinations. Provides exceptions to such prohibition.

Prohibits the obligation or expenditure of appropriated funds for: (1) second career training programs; (2) salaries and expenses during the current fiscal year for the demilitarization of surplus nonautomatic firearms of less than .50 caliber; and (3) contracting with a term of 18 months or more (or the renewal of such a contract) for any vessel, aircraft, or vehicles, through a lease, charter, or other similar agreement without previously having been submitted to the Appropriations Committees in the budgetary process.

Earmarks specified funds for the Civil Air Patrol.

Prohibits funds available from this Act from being available to pay more than 50 percent of a lump-sum reenlistment bonus.

Makes funds available to DOD to grant civilian employees participating in productivity-based incentive award programs paid time off in lieu of cash payment as compensation for increased productivity.

Prohibits funds appropriated by this Act from being used by DOD to assign a supervisor's title or grade when the number of people he or she supervises is considered as a basis for the determination of the assigning of such title.

Makes funds available to naval aviation depots to perform manufacturing in order to compete for production contracts of defense articles, under certain conditions.

Prohibits, from this Act's enactment through December 28, 1991, the purchase of Toshiba products by DOD for the purpose of resale in a military exchange store or in any other resale activity operated by DOD. Exempts microwave ovens manufactured or assembled in the United States from such prohibition.

Earmarks specified funds for the payment of bonuses to officer nurses in the Army, Navy, and Air Nurse Corps. Limits such bonus to $6,000 per nurse officer.

Prohibits this Act's funds from being used by DOD to exceed a specified number of civilian workyears outside the United States.

Prohibits the use of funds from this or any other Act for the Navy to carry out an electromagnetic pulse program in the Chesapeake Bay area in connection with the Electromagnetic Pulse Radiation Environment Simulator for Ships (EMPRESS) until the Secretary of Defense makes certain certifications to the Congress.

Requires that, in each contract awarded by DOD in FY 1990 for construction or service performed in a State not contiguous with another State and having an unemployment rate in excess of the national unemployment rate, the Secretary of Labor shall include a provision requiring the contractor to employ individuals who are residents of such State and who possess or would be able to promptly acquire the necessary skills to perform such work.

Earmarks specified funds for the payment of unemployment compensation benefits.

Prohibits funds appropriated by this Act from being used for the support of any nonappropriated fund activity of DOD that procures malt beverages and wine with nonappropriated funds for resale on a military installation in the United States unless such beverages are procured in that State (or the District of Columbia) in which the installation is located.

Directs the Secretary to make specified fund transfers, to be available for the same purposes as the appropriations to which transferred.

Reduces the total amount appropriated to DOD by this Act, such reduction to be allocated in the procurement and research, development, test, and evaluation accounts of the armed forces and the defense agencies as determined appropriate to reflect savings resulting from increased use of discount air fares for Government employees on official business or to contractor personnel traveling in connection with contracts awarded by DOD.

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

Authorizes the Secretary to acquire, during the current fiscal year, the depot maintenance and repair of aircraft, vehicles, vessels, and components through competition between DOD depot maintenance activities and private firms.

Earmarks specified funds for the health care demonstration project regarding chiropractic care under the Department of Defense Authorization Act, 1985.

Prohibits any funds appropriated under this Act from being used to pay health care providers under CHAMPUS for services determined under the CHAMPUS Peer Review Organization to be not medically or psychologically necessary.

Authorizes the Secretary to take certain action to implement a demonstration project to test methods of increasing collections from third party payers of reasonable inpatient hospital care costs incurred on behalf of retirees and military dependents under current Federal armed forces law.

Authorizes the use of certain accounts established by the Secretary of the Treasury and the Administrator of General Services for all purposes involving any public sale of property by an agency of the United States. Directs the Secretary to make available to an agency proceeds from the public sale of property.

Earmarks specified funds for certain incentive payments authorized to contractors under the Indian Financing Act of 1974, under certain conditions.

Amends the Foreign Assistance Act of 1961 to change from October 1, 1982, to October 1, 1989, the effective date after which entire costs of overseas management of international security assistance programs under such Act shall be charged to or reimbursed from funds made available to carry out such Act. Amends the Arms Export Control Act to treat such costs as neither salaries of U.S. armed forces nor unfunded estimated costs of civilian retirement and other benefits. Provides that letters of offer for the sale of defense articles or services issued pursuant to the Arms Export Control Act shall not include appropriate charges for any use of plant and production equipment in connection with such defense articles.

Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to prohibit charges for administrative services in connection with the sale of defense articles or services under the Arms Export Control Act from excluding recovery of such expenses attributable to DOD before January 1, 1990 (currently, October 1, 1990) for salaries of members of the armed forces assigned to duty in connection with foreign military sales programs.

Earmarks specified funds to fully fund pay raises for civilian DOD employees.

Directs the Secretary of the Air Force to transfer specified R&D funds for FY 1990 to the Army to fund highest-priority security improvements at the Kwajalein Test Range in the Marshall Islands. Requires the Secretary of the Army to use specified Army R&D funds for such purpose.

Earmarks funds from this Act for maintenance and repair of equipment and facilities and for tooling at the William Langer Jewel Bearing Plant.

Authorizes the transfer of funds from DOD to the Secretary to repair or replace property, facilities, equipment, and other assets of DOD damaged by Hurricane Hugo, under certain conditions.

Earmarks a specified amount of funds from this Act to be transferred to, and consolidated with, funds available under the Arms Export Control Act for the making of credit sales of U.S. defense articles to friendly foreign countries, under specified conditions.

Authorizes the transfer by the Secretary of specified funds to the appropriation "Atomic Energy Defense Activities."

Expresses the sense of the Congress that: (1) current threats to the Republic of Korea by North Korea remain and U.S. military presence in the Republic will continue to be vital to the deterrence of North Korean aggression; (2) the United States should reassess the force structure for the security of the Republic and the protection of U.S. interests in northeast Asia; (3) the United States should not remove any armed forces from the Republic until a thorough study has been made of the projected roles, missions, and force levels of U.S. forces there; and (4) before April 1, 1990, the President should submit to the Congress a report containing a detailed assessment of the need for a U.S. military presence in the Republic of Korea.

Directs the Secretary to design a comprehensive strategy to involve civilian and military employees of DOD in partnership programs with elementary and secondary schools in a joint effort between the military and the educational institutions to enhance the education of students.

Directs the Secretary of the Army to take all necessary action to release to the New Jersey Turnpike Authority the reversionary right of the United States to a specified parcel of real property in New Jersey.

Expresses the sense of the Congress that, absent critical national security requirements, the further withdrawal of public domain lands or airspace in Nevada be halted until a specified report (the Special Nevada Report) is submitted to the Congress as required under current Federal law.

Requires funds necessary for pay raises for programs funded by this Act to be absorbed within the levels appropriated in this Act.

Reduces funds appropriated for military personnel and operations and maintenance in this Act by specified amounts, such reductions to be realized by specified reductions in military and civilian personnel. Makes such reductions inapplicable to the reserve components.

Reduces certain funds made available in this Act and in the Military Construction Appropriations Act, 1990 for R&D in connection with the Rail Garrison MX and Small ICBM systems.

Amends the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, and specified other Federal law as amended by such Act, to waive for FY 1990 and 1991 certain appropriations floors specified in such law (minimum appropriation outlays for various programs, projects, and services).

Prohibits funds appropriated by this Act from being available for: (1) payments under a certain DOD contract involving the use of cats for brain missile wound research, except under certain conditions; and (2) bone trauma research at Letterman Army Institute of Research until the Secretary of the Army has made certain certifications to the Senate and House Appropriations Committees assuring the humane treatment of animals used in such research.

Requires the Secretary of Defense to make available to the Speaker of the House a certain aircraft for transportation purposes as the Speaker may determine.

Expresses the sense of the Congress that U.S. participation in a multilateral anti-narcotics strike force, as called for in the Anti-Drug Abuse Act of 1988, should include the full range of appropriate law enforcement and anti-drug abuse agencies, and that certain drug interdiction activities should be funded from appropriate sources. Authorizes funds available for DOD drug interdiction activities to be used for the participation of U.S. armed forces in conjunction with appropriate law enforcement and anti-drug abuse agencies.

Repeals a provision of the Stewart B. McKinney Homeless Assistance Act allowing funds obligated for any fiscal year for homeless assistance under such Act to be used during that and the succeeding fiscal year.