Department of Defense Authorization Act, 1984

(Measure passed House, amended, roll call #275 (305-114))

Department of Defense Authorization Act, 1984 - Title I: Procurement - Authorizes appropriations for FY 1984 for procurement by the Army of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and other procurement. Authorizes appropriations for procurement by the Navy and Marine Corps of aircraft, weapons, missiles, torpedoes, shipbuilding and conversion, and other procurement. Authorizes appropriations for procurement by the Air Force of aircraft, missiles, and other procurement.

Earmarks a specified amount of funds for the United States contribution for FY 1984 for the North Atlantic Treaty Organization (NATO) acquisition of the Airborne Warning and Control System (AWACS). Authorizes appropriations for procurement by the Defense agencies.

Amends the Department of Defense Authorization Act, 1982 to extend through FY 1984 the Secretary of Defense's authority to waive reimbursement for the cost of specified functions performed by other than AWACS personnel and to assume contingent liability for program losses and specified charges during FY 1984 under the Multilateral Memorandum of Understanding Between NATO Ministers of Defense concerning the NATO AWACS program.

Authorizes the Secretary to procure secure telephone equipment during FY 1984 to support a national program to provide secure telephone service for the Department and other Government agencies.

Prohibits the Secretary of the Army from establishing a second source for the production of the M-1 tank engine. Prohibits the Secretary of the Navy from obligating funds for the strategic sealift ready reserve program acquisition of a specific vessel until the appropriate congressional committees have been given 30 days notice. Prohibits the Secretary of the Navy from obligating funds for the LCAC landing craft air cushion program until the Secretary has submitted specified information concerning the procurement source selection to the appropriate congressional committees.

Prohibits the procurement of binary chemical munitions, production facilities, or precursor chemicals.

Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1984 for use of the armed forces and defense agencies for research, development, test, and evaluation.

Sets forth specific limitations on the use of these funds, including earmarking certain amounts for specified weapons systems. Prohibits the use of funds for the Army's Military Computer Family System and specified Navy computers until the Secretary of Defense gives the Armed Services Committees a plan for the introduction and integration of advance micro-electronic computers into weapons systems. Prohibits the use of funds by the Air Force for the Airborne Laser Laboratory program or the Low Altitude Navigation and Targeting Infared Night (LANTIRN) system. Prohibits the use of funds by the Defense agencies for fifth-generation artificial intelligence computers until the Secretary reports a comprehensive plan to Congress.

Title III: Land-Based Strategic Ballistic Missile Modernization Program - Authorizes additional appropriations for FY 1984 for the Air Force for the MX Missile program. Sets forth specific limitations on the use of these funds concerning the size of the missile, the number of warheads carried, and the conditions which must be met before certain numbers of missiles may be deployed.

Title IV: Operation and Maintenance - Authorizes appropriations for FY 1984 for the armed forces, including the reserves and national guards, and defense agencies for operation and maintenance. Authorizes appropriations for: (1) expenses of the Secretary of the Army related to the National Board for the Promotion of Rifle Practice; (2) payment of Department claims; and (3) the United States Court of Military Appeals.

Authorizes appropriations for pay raises, fuel costs, and inflation adjustments. Authorizes the Secretary of Defense to provide logistical support, equipment, and personnel services to the 1984 games of the XXIII Olympics. Authorizes appropriations. Places restrictions on the use of such funds, requiring presidential approval of a justification by the Olympic Law Enforcement Coordinating Council for Olympic arrangements concerning logistical responsibilities and needs.

Prohibits the long-term leasing of a naval vessel if the lease includes a substantial termination liability and a vessel with a major component not built in the United States.

Permits the Secretary of the military department concerned to provide shelter for the homeless at military installations.

Prohibits the contracting out of commercial and industrial functions at the service academies.

Permits the Secretary of the Army to loan up to a specified amount to the Fort Sam Houston Independent School District of San Antonio, Texas for FY 1984. Permits the Secretary of the Air Force to make loans up to a specified amount to the Randolph Field Independent School District and to the Lackland Independent School District of San Antonio, Texas, for FY 1984.

Title V: Active Forces - Authorizes end strength levels for active duty personnel for the armed forces for FY 1984. Amends the Department of Defense Authorization Act, 1981 to extend through FY 1984 the limitation on the enlistment and induction of persons into the armed forces whose score on the Armed Forces Qualification Test is below a prescribed level.

Limits the funds available to the Department for permanent change of station travel. Directs the Secretary of Defense to take measures to reduce the number of of permanent changes. Directs the Secretary to reduce the number of personnel assigned to headquarters staffs.

Expresses the sense of Congress that 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 country.

Prohibits the assignment of personnel to overthrow the Government of Nicaragua.

Title VI: Reserve Forces - Establishes average strength for FY 1984 for: (1) the Army National Guard; (2) the Army Reserve; (3) the Naval Reserve; (4) the Marine Corps Reserve; (5) the Air National Guard; (6) the Air Force Reserve; and (7) the Coast Guard Reserve. Permits the adjustment of average strength levels in the national interest and as specified. Sets forth the number of reserves serving on full-time active duty to administer, recruit, or train the reserve components. Increases the number of enlisted personnel who may be on active duty in support of the reserve components. Amends the Department of Defense Authorization Act, 1983 to include the National Guards within certain FY 1983 duty status provisions. Entitles members of the National Guard serving in a full-time duty status to organize or train to the same rights and benefits as those of members on active duty. Directs the Secretary of Defense to report to the Armed Service Committees by November 15, 1983 a draft of legislation to place the National Guard under State control except when specifically ordered to Federal service.

Title VII: Civilian Personnel - Authorizes an end strength for civilian personnel for the Department for FY 1984. 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 if in the national interest. Directs the Secretary to notify Congress of any such increase. Eliminates any civilian personnel ceilings for FY 1983.

Title VIII: Military Training Student Loads - Authorizes average military training student loads for FY 1984. Requires that any adjustments in such loads be apportioned among the armed forces and reserve components. Amends the Department of Defense Authorization Act, 1981 to extend through August 31, 1984, the reduction in the number of students required to be in a unit of the Junior Reserve Officers' Training Corps (ROTC).

Title IX: Civil Defense - Authorizes appropriations for FY 1984 to carry out the provisions of the Federal Civil Defense Act of 1950, including amounts for State personnel and administrative expenses.

Title X: Military Personnel and Compensation Matters - Part A: Compensation Matters - Increases the pay of the uniformed services by four percent, effective January 1, 1984.

Includes time spent as an enlisted member as well as a warrant officer when computing the basic pay of certain commissioned officers.

Authorizes hazardous duty pay for persons involved in testing aircraft or missile systems during which highly toxic fuels or propellants are used. Revises eligibility criteria for certain members' separation pay.

Freezes the variable housing allowance during FY 1984 at end of FY 1983 levels. Entitles members of reserve component on active duty for 140 days or more to a variable housing allowance. Revises the rules for payment of a per diem for performing travel under orders away from a designated post of duty.

Permits the payment of travel and transportation allowances for travel from overseas for education purposes of dependent children of a member of the uniformed services permanently assigned outside the United States.

Authorizes hostile fire pay for a member of the armed forces on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

Part B: Retired Pay Matters - Makes permanent a six-month delay in cost-of-living adjustments for military pensions. Provides for a reduction by one-half in the cost-of-living adjustment made for military retirees under 62 if a similar reduction is made in the civil service retirement system.

Requires that years of service for computing military pensions be determined by considering any full month of service as one-twelfth of a year, whether or not a member has more than six full months.

Entitles certain otherwise ineligible reservists to a military pension as specified.

Part C: Personnel Management Matters - Modifies the ROTC's Scholarship Program to extend eligibility to students whose approved program includes a fifth academic year. Extends eligibility for a subsistence allowance to members of precommissioning programs from 20 to 30 months.

Permits the President, with the consent of the officer involved, to transfer a commissioned officer from one branch of the uniformed services to another. Credits officers of the National Oceanic and Atmospheric Administration or the Public Health Service with the number of years in service for retirement purposes and, with regard to the Public Health Service only, for purposes of grade and rank when transferred to an armed force.

Authorizes the appointment of one cadet from American Samoa and one from the children of U.S. civilian personnel in Panama to each of the military academies.

Permits citizens of the Northern Mariana Islands to be appointed as officers in the U.S. armed forces.

Part D: Health Care Matters - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to limit the provision of inpatient mental health services to 60 days a year except as specified. Prohibits CHAMPUS from paying for benefits covered by another plan a patient is enrolled in except for a plan administered under title XIX of the Social Security Act (Medicaid). Applies the same reimbursement standards to CHAMPUS as are applied to the Medicare program (title XVIII of the Social Security Act). Expands CHAMPUS to include liver transplant as specified.

Increases the amount of pay for a contract surgeon serving full time with a uniformed service.

Directs the Secretary of Defense to conduct studies and demonstration projects on the health care delivery system of the uniformed services with a view to improving its quality and cost effectiveness. Requires that alternative programs for dental care for dependents be studied and suggests that alternative methods of payment for services and cost-sharing by eligible beneficiaries also be included. Directs the Secretary to report to Congress periodically on such studies and projects.

Extends medical malpractice protection for health-care personnel of the U.S. Soldiers' and Airmen's Home.

Adjusts the rate of stipend paid to recipients of Armed Forces Health Professions Scholarships.

Part E: Survivor Benefits - Amends the Survivor Benefit Plan to permit a participant to change coverage under the Plan from a spouse or spouse and child to a former spouse as specified. Extends coverage to include additional, specified widows within the minimum income provisions of the Plan.

Directs the Secretary concerned to pay an annuity to survivors of a member or former member who died during a specified period and who would have been eligible for a military pension if he had been age 60.

Part F: Miscellaneous - Authorizes the Secretary of a military department to accept voluntary services for a museum or a family support program. Deems such volunteers federal employees only for workmen's compensation purposes.

Amends the Department of Defense Authorization Act, 1981 to extend through FY 1984 the Department of Defense Educational Assistance Loan Repayment Program.

Establishes in the Treasury the Department of Defense Military Retirement Fund to be used for the accumulation of funds to finance on an actuarially sound basis the military pension and survivor benefit programs.

Establishes in the Department of Defense a Department of Defense Retirement Board of Actuaries to: (1) review valuations of the Fund; (2) make annual reports to the Secretary of Defense on the actuarial status of the Fund; and (3) report at least quadrenially to the President and Congress on the status of the Fund.

Directs the Board to determine present value of future benefits not later than six months after the Board's appointment. Requires the Board to determine an amortization schedule for the liquidation of the original unfunded liability.

Requires the Secretary to determine the amount of Department contributions to the Fund on an annual basis for inclusion in budget requests for the following fiscal year. Directs the President to include the full amount in the budget transmitted to Congress.

Directs the Secretary to actuarially value the military pension and survivors' benefits programs at least quadrenially. Requires the Secretary to amortize changes in benefits since the last valuation.

Directs the Secretary to make monthly payments to the Fund in specified amounts. Requires the Secretary of the Treasury to make annual payments, at the beginning of the fiscal year. Requires the Secretary of Defense to certify to the Secretary of the Treasury each year the amounts under the amortization schedules. Directs the Secretary of the Treasury to invest certain portions of the Fund in public debt securities.

Directs the Secretary of Defense to require the payment of fees for veterinary care provided pets by armed forces personnel.

Authorizes the President to appoint, with the advice and consent of the Senate, Rear Admiral Edward A. Burkhalter to the grade of vice admiral while Director of the Intelligence Community Staff.

Authorizes the Secretary concerned to transport to the place of burial the remains of a military retiree who dies in a military medical facility.

Title XI: General Provisions - Permits the Secretary of Defense to transfer up to $1,500,000,000 of the funds authorized among categories as specified. Requires the Secretary to notify Congress immediately of any transfers.

Prohibits the Secretary of a military department from contracting for the lease of a vessel if the contract is for a long term or the termination liability of the United States is large. Permits a Secretary to enter such a contract if specifically authorized to do so and the appropriate committees of Congress are given 30 days notice of such contract.

Prohibits the obligation of funds for the production of binary weapons unless the President certifies to Congress that a unitary artillery shell will be rendered militarily useless for each binary artillery shell produced.

Eliminates certain restrictions under the Arms Export Control Act concerning cost-recovery requirements and foreign military sales.

Permits the Secretary of the Navy to carry out the F/A-18 aircraft program without regard to specified restrictions.

Designates the School of Medicine of the Uniformed Services University of the Health Sciences as the F. Edward Hebert School of Medicine.

Prohibits the procurement of manual typewriters manufactured within Warsaw Pact nations.

Requires that appropriations for the working capital funds be specifically authorized.

Permits the Secretary of the Air Force to remove specified improvements from the former Bedord Air Force Station, Virginia, and to restore such site to its previous condition.

Expresses congressional endorsement for the Defense report, "Direct Communications Links and Other Measures to Enhance Stability". Suggests that the United States should implement certain measures such as prior notification of missile launches and military exercises and encourage the Soviet Union to do the same. Endorses proposals that a separate agreement on such measures be sought through the arms control negotiators.

Directs the Secretary of Defense to report to the Armed Services and Appropriations Committees by June 1, 1984 on the management of acquiring spare parts, both current and proposed efforts. Sets forth the issues such report should address, including: (1) accuracy of procurement method codes; (2) number of personnel involved in procurement accuracy efforts; (3) the status of efforts to automate the system; (4) a summary of any audit or study concerning acquisition of spare parts within a specified time; (5) an analysis of withholding contracts from contractors who have obtained unreasonable profits; and (6) actual dollar, number and contract information for FY 1982 and 1983. Directs the Secretary to establish and implement policies to achieve a long-term solution to excessive cost and lead time problems in the acquisition of spare parts. Sets forth the factors the Secretary should consider, including: (1) using competitive sources; (2) Government rights to technical data; and (3) acquiring parts through Federal Supply Schedules and the Department of Defense supply system whenever possible.

Establishes in the Department of Defense a certain Director of Operational Testing and Evaluation appointed by the President with the advise and consent of the Senate. Requires such Director to perform all duties relating to operational testing and evaluation in the Department.

Requires such Director to advise and report directly to the Secretary of Defense. Grants such Director access to all necessary Department records. Permits the Director to require observers to be present during testing. Directs the Secretaries of the military departments to report all testing results to the Director. Requires the Director to respond to congressional requests for information.

Prohibits the obligation of funds for operational testing without the advance approval of the Secretary.

Directs the President to request separately budget authority for the Director's activities.

Grants the Comptroller General access to all records of the Department of Defense.

Increases the number of Assistant Secretaries of Defense from seven to 10. Designates one of those Secretaries as the Assistant Secretary of Defense for Reserve Affairs, another as the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence. Increases by one each the number of Assistant Secretaries of the Army and of the Navy.

Prohibits the contracting out of firefighting and security functions at any military installation through FY 1984.

Repeals the requirement for a retired military personnel suggestion program.

Prohibits the Secretary of Defense from transfering or consolidating a function or duty of a military department outside of that department unless specifically authorized by law after such proposal has been studied.

Directs the Secretary of the Navy to report to the Armed Services Committee on the potential effect on naval operations of any proposed lease by the Department of the Interior of offshore lands for drilling. Requires the Secretary to define offshore zones where impact on naval operations would be appreciable.

Prohibits the Secretary of Defense from using polygraph examinations on any personnel any differently than they had been used after August 5, 1982, until April 15, 1984.

Permits the Secretary of the Navy to provide port services without reimbursement to naval vessels operating as part of a multinational naval force of NATO.

Postpones until FY 1984 certain deposits for civil service retirement based on military service.

Directs the Secretary of Defense to report to Congress by April 15, 1984 on the conversion to contractor operation of commercial or industrial type functions of the Department previously performed by Department civilian or military personnel. Requires such report to include: (1) estimated cost of performance by both Government and contractor; (2) actual cost; and (3) the number of Federal employees terminated because of such conversion.

Modifies various provisions concerning the performance of civil functions by military officers, prohibiting them from holding elective or appointive office or a position in the Executive Schedule.

Directs the Secretary to conduct a program to exempt certain defense contracts from the prohibition against paying a price differential to relieve economic dislocations for contracts awarded in an area where there is a labor surplus and when such award will not damage the national security. Directs the President to report to Congress annually on the implementation of this program, including a cost benefits analysis.