Department of the Army Historical Summary: FY 1994

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Special Functions

Environmental Protection

To meet its environmental responsibilities in FY 1994, the Army spent $1.7 billion, a sum equal to 53 percent of the amount the service spent on operational tempo. Guided by an environmental strategy emphasizing compliance, restoration, prevention, and conservation, the Army continued to make progress in the protection and preservation of natural and cultural resources during the fiscal year. The $1.7 billion expended included funding for regulatory compliance, land restoration, pollution prevention, resource conservation, and development of new technologies.

Environmental compliance relies on conformance to federal, state, and host nation environmental standards at Army installations worldwide. Compliance covers the operation of utility plants, industrial facilities such as ammunition plants and depots, and ranges that support training, and the construction, maintenance, and repair of a wide variety of other facilities. In FY 1994 compliance cost the Army $501 million. Consideration of environmental impacts and conformance to environmental standards are essential to all Army operations. Exponential growth in increasingly complex federal and state environmental laws and regulations has made this mission more challenging. The cost for compliance activities at DOD installations in foreign countries is expected to increase as environmental requirements are identified to comply with applicable baseline guidance or Final Governing Standards developed for designated host nations. The Final Governing Standards, specific for each country, establish a consistent set of environmental standards for all DOD components in the country.

The Army spent $731 million for environmental cleanup at Army installations in FY 1994. Remedial actions were taken at 364 sites, including the continuance of some pre-1994 actions. Actions were complete at 236 sites and under way at 128 sites. No further action was required at 4,523 sites. Studies were under way to investigate possible contamination at 4,390 sites. As the DOD executive agent for Formerly Used Defense

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Sites, the Army spent $333 million in FY 1994, with remedial actions completed at 230 sites and under way at 270 properties. No further action was required at 4,509 properties.

The Army allocated about $62 million to pollution prevention during the fiscal year. The Army promotes pollution prevention as a good business practice, minimizing the risks of contamination from hazardous or toxic substances and the costs of associated mitigation and compliance. The Army is implementing Executive Order 12856, which mandates a 50 percent reduction of hazardous wastes by the end of 1999. Pollution prevention plans must be developed to specify how installations will meet Army reduction goals. Additionally, the executive order requires that military specifications and standards be reviewed and revised to eliminate or reduce toxic and hazardous materials.

Conservation is focused on maximizing the use of Army land for mission-essential activities through wise planning for and protection of ecological and cultural resources. The Army is committed to ensuring water quality and soil stabilization and sustaining biodiversity. Responsible for the management of approximately twelve million acres of land, the Army is balancing necessary but inherently destructive training and mission activities with the conservation of natural and cultural resources. This balance is complicated by greater troop density at installations in the United States, a greater demand for training land for modern weapon systems, and the austerity of fiscal resources. In response to national initiatives and public awareness of the environment's importance, the Army is developing policies for land management, timber production, and agricultural out­leasing and grazing. The new direction emphasizes ecosystem and biodiversity management rather than production and revenues. FY 1994 funding for conservation totaled $40 million.

The Army Environmental Quality Technology Program supports the four environmental initiatives by identifying, developing, and demonstrating innovative technologies. In FY 1994 the Army fielded new technologies to support environmental programs in a cost-effective and technically sound manner; coordinated with other DOD components, the Environmental Protection Agency, and the Department of Energy to develop and share environmental technologies; and provided $94 million for environmental research and development projects.

The reserve components' leading environmental expenses are for compliance and restoration. Hazardous waste remains a significant problem, though most sites have had initial inspections and many cleanup programs have begun. Funding shortfalls existed throughout the reserve components in FY 1994, with a likelihood that an increasing backlog of sites requiring remediation will further inhibit efforts toward compliance and prevention of pollution and could eventually affect operations and training.

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A summary of major environmental requirements affecting the reserve components in FY 1994 is shown in Table 18.

TABLE 18-FY 1994 RESERVE COMPONENT ENVIRONMENTAL REQUIREMENTS

Army National Guard

Army Reserve

Number of Sites

1,207

1,259

Estimated Cost

$200 million

$175 million

Amount Funded (FY94)

$16.0 million

$29.5 million

Amount Funded (FY95)

$18.0 million

$63.8 million

Most Costly Remediation

Superfund Sites

Hazardous Waste

Next Most Costly Remediation

Underground Storage Tanks
Contamination Cleanup

Note: FY 94 supplemental amounts are included in FY 95 planned funding.

The Army National Guard Environmental Programs Directorate has succeeded in obtaining additional funding at several federally owned locations for environmental site inspection and remedial investigation projects and for interim underground storage tank removals. The Army National Guard has not been as successful in obtaining dedicated funds for the environmental assessments necessary to determine if restoration of federally owned facilities is required. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) work at state-owned facilities cannot be completed because Defense Environmental Restoration Account (DERA) funds are not available for state-owned facilities and operation and maintenance funds cannot be used in lieu of DERA funds. This problem will continue until other federal or state funds are made available for CERCLA work at state-owned facilities. Funding for underground storage tank remediation in FY 1994 was sufficient to fund all remediation requirements; however, as the 1998 deadline to replace single-wall underground storage tanks approaches and more tank removals reveal contaminated sites, a funding shortfall will likely exist for the cleanup of these sites. In meeting policy requirements, the burden of paying for cleanup costs will be shifted to state budgets, which are ill equipped to fund additional requirements. More and more sites are not being remediated in a timely fashion due to insufficient funding and increased regulation.

The Army National Guard awarded ten contracts for environmental engineering and technical support in FY 1994. The award of these contracts represented a break in the Guard's reliance on agencies such as the Department of Energy and the Army Corps of Engineers that provided

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expensive environmental services. These awards marked the culmination of years of technical and acquisition planning and were made possible by approval from the Secretary of the Army for Research, Development, and Acquisition, for waiver of certain federal acquisition regulation requirements. With these contracts the contract capacity over the next five years will exceed $520 million for a broad range of environmental assessments and impact statements, studies of pollution prevention and spill prevention programs, and environmental assessments for aircraft conversions.

In FY 1994 the Army National Guard had two pending fines totaling $295,000 for Resource Conservation and Recovery Act (RCRA) violations at Camp Dodge, Iowa. These fines remained under legal review over the question of the federal versus state status of the facilities. A $52,000 fine for RCRA violations at Rochester, New York, was dismissed after the Guard agreed to sign a federal compliance agreement. All other violations were resolved through agreement with state and federal regulators. A $119,000 fine for RCRA violations at State Area Command—Tennessee was suspended. Notices of Violation (NOVs) were issued for $250,000 for Clean Water Act (CWA) violations at wastewater treatment plants at Camp Santiago and Fort Allen, Puerto Rico. This fine remained under negotiation based on the compliance efforts of Puerto Rico. As the federal government did not waive sovereign immunity under the CWA, any liability will likely be a state responsibility.

Army Reserve environmental cleanup efforts are improving despite discoveries of new contamination projects not meeting Class I criteria and increasing regulatory requirements. The Army Reserve received four NOVs during FY 1994 for relatively minor violations. They were either resolved or allowed to continue under a negotiated compliance timetable. There were 15 reported spills of hazardous waste ranging from 3 quarts to 70 gallons. All of the 16 total NOVs issued to the Army Reserve during FY 1993 and FY 1994 were resolved.

During FY 1994 DOD environmental training program requirements, including those developed by reserve components, increased. This increase had three causes. First, there was an increased number of positions requiring individuals in trained specialties. Second, there was a high turnover rate as qualified people left for higher paying environmental positions outside DOD. Third, environmental laws and regulations grew in number and complexity.

The Army National Guard environmental training program in FY 1994 was composed of training required by statute, basic and advanced professional training, and awareness training. The training required by statute is primarily from congressional mandates and is accomplished by workshops and on the job. Basic and advanced professional training is provided through formal classroom training that relies primarily on inter-

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nal resources but with some contracting. Awareness training is provided with internal resources to a broad segment of Army National Guard personnel. Workshops of three to seven days were conducted in the areas of hazardous waste management, training area management, automated environmental reports, and environmental program management. Formal classroom training was provided in the areas of the National Environmental Policy Act, the Environmental Compliance Assessment System, Wetlands Identification and Delineation, Environmental Communications, and Basic Environmental Staff Training. Awareness training was also provided.

Limited funding affected the Army National Guard environmental training program during the fiscal year, placing limits on class size and severely limiting nonessential environmental training. The Army National Guard environmental training program goal is to meet all professional requirements for full-time professional environmental staff and to be the primary resource for Army National Guard awareness training and materials. The Army National Guard continued pursuing its initiative to develop an environmental training cell at the National Guard Professional Education Center, Camp Robinson, Arkansas. The mission of this training cell will be to conduct environmental awareness for National Guard personnel attending training courses at the Professional Training Center, to conduct or coordinate all environmental training requirements for state and National Guard Bureau staff, to conduct environmental training in the states via the Professional Education Center Mobile Training Team, and to develop and produce environmental training tapes for distribution to states.

The Army Reserve environmental training is managed by the US. Army Reserve Command. During FY 1994 mandatory environmental training for hazardous material handlers was expanded to include drivers and all other personnel involved in this area. Certification is received following training provided by federal and state agencies. Army Reserve members participate in the Army Environmental Training Integration Steering Committee meetings that focus on a complete overhaul of the standard training given for military occupational specialty and leadership. The goal of the steering committee meetings is to identify the specific environmental training required by each specialty.

Small and Disadvantaged Business Utilization

As it had in the past, the Army continued to support small and small disadvantaged business throughout America in FY 1994. Notwithstanding reduced obligations for equipment, supplies, and services, the Army exceeded its goals for contracts awarded to small and small disadvantaged

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businesses. Through programs such as Increasing Manufacturing Procurement Above Current Totals and the Enhanced Subcontracting Program, the Army strove to overcome barriers to maximize opportunities for small businesses and small disadvantaged businesses.

Legal Affairs

During FY 1994 Army-wide court-martial rates showed a decrease of 5 percent from FY 1993. General courts-martial decreased by 7.9 percent, bad-conduct discharge (BCD) special courts-martial increased by 5.5 percent, special courts-martial decreased by 28.9 percent, and summary courts-martial decreased by 4.1 percent. The overall conviction rate for FY 1994 increased slightly to 91 percent from 89 percent in FY 1993. A comparison of general, BCD special, special, and summary courts-martial for FY 1993 and FY 1994 is outlined in Table 19.

TABLE 19-COMPARISON OF COURTS-MARTIAL FOR FY 1993 AND FY 1994

FY 1993
FY 1994
General

915

843

BCD Special

327

345

Non-BCD Special

45

32

Summary

. 364

349

Army Total

1,651

1,569

The Office of The Judge Advocate General (OTJAG) continued to serve as the Army representative to the Joint Service Committee (JSC) on Military Justice. The JSC conducted an annual review of the Manual for Courts-Martial (MCM), as required by Executive Order 12473 and DOD Directive 5500.17. The JSC also proposed and evaluated amendments to the Uniform Code of Military Justice (UCMJ) and the MCM, while serving as a forum for exchanging military justice information.

Revisions in the UCMJ resulted from promulgation of Change 7 by the President, as Executive Order 12936, effective 9 December 1994. Change 7 highlights include a substantial increase in permissible punishments for homicides and sex offenses and a revision of the sentencing rules relating to evidence of rehabilitative potential. AR 27-10, Military Justice, was also revised. Effective 8 August 1994, the revision implemented changes to the MCM and modified procedures for implementing the Victim's Rights and Restitution Act of 1990.

The U.S Army Trial Judiciary in FY 1994 saw a slight increase in the number of trials by court-martial, which rose from 1,293 in FY 1993 to

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1,335 in FY 1994. The Contract Appeals Division continued to direct Army contractual bid protests filed with the General Accounting Office (GAO) as well as those filed with the General Services Board of Contract Appeals (GSBCA). In FY 1994 there were 219 GAO and 13 GSBCA bid protests filed. The Intellectual Property Law Division continued to serve as the Army's policy and oversight organization to monitor intellectual property law activities, which include patent and trademark prosecution, patent secrecy, technology transfer, and copyrights.

Concerned about world competition, Congress passed the 1980 Stevenson-Wydler Technology Innovation Act (SWTIA), making the transfer of federal technology a national priority. SWTIA was amended by the 1986 Federal Technology Transfer Act, which authorized federal laboratories to enter into cooperative research and development agreements (CRADAs) with nonfederal parties. Previously, procurement regulations restricted federal government scientists from working with nonfederal parties to develop commercial applications for Army technology. Since 1986 collaboration through CRADAs with nonfederal parties has increased substantially and rapidly to the benefit of both the U.S. public and the Army. In addition, there has been an increase in the number of patent license agreements (PLAs) that license Army technology to nonfederal parties and thus generate royalties for both Army inventors and Army laboratories. In FY 1994 the Army entered into 167 CRADAs with nonfederal parties and 12 PLAs. Royalty income distributed to inventors and laboratories amounted to $81,300 for the fiscal year.

During the fiscal year, fifteen patent and copyright suits involving Army initiatives were pending in the Court of Federal Claims, with potential liability exceeding $400 million. Also, fifteen administrative claims of patent and copyright infringement were pending with potential liability of more than $50 million.

The Army Procurement Fraud Division resolved 731 cases during FY 1994, ending the fiscal year with 695 cases pending. The number of contractor suspension and debarment cases was lower than the previous two years, a trend consistent with decreases in the number of contractor indictments and convictions over the same period.

The Army resolved a record contract fraud case during the fiscal year. On 30 March the service reached a settlement in a whistleblower suit with United Technologies Corporation (Sikorsky Aircraft Division) that required United Technologies Corporation to pay the Army $150 million, the largest sum ever recovered in a whistleblower case and for an Army contract fraud case. More than $132 million of the recovery derived from false claims on Army contracts. The Army suffered damage when United Technologies Corporation overstated charges on work progress payment requests. The majority of contracts in the suit involved UH-60 Black Hawk and SH-60 Sea Hawk helicopters.

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The United Technologies Corporation settlement accounted for a substantial portion of the $202.4 million total recovered by the Army for procurement fraud in FY 1994. This sum also ranked as the highest monetary recovery ever for the Army Procurement Fraud Division in a fiscal year.

The U.S. Army Claims Service settled 79,452 personnel claims with payments totaling $87,069,681 in FY 1994. These claims reimbursed soldiers and Army civilians for loss or damage to their personal property incident to service.

The Tort Claims Division of the U.S. Army Claims Service continued to investigate, process, and administratively settle tort claims arising out of DOD, U.S. Army, and Army National Guard activities. During the fiscal year, more than 8,500 tort claims were filed against the Army, with total settlement payments exceeding $37 million.

Inspector General Activities

The Department of the Army Inspector General (DAIG) handled 2,303 Inspector General Actions Requests (IGARs) in FY 1994. Of those, 608 were requests for assistance and 1,695 were allegations. Of the allegations received, the Inspector General substantiated 243 (14 percent); 1,070 were nonsubstantiated (63 percent); and 382 were neither substantiated nor nonsubstantiated (23 percent). Of the total FY 1994 IGARs, 43 were DOD Inspector General whistleblower cases. Twenty-five percent of the total IGAR cases were referred by the active Army; 53 percent were from unknown sources; 14 percent were from civilians; and 8 percent were from the Army National Guard and the Army Reserve. The Inspector General also handled 803 hotline requests during the fiscal year. There were six major functional categories of IGARs for FY 1994. The first category, personal conduct, included harassment, racial discrimination, and nonsupport of family. Thirty-three percent (759) of the total IGARs fell into this category. The second category, command and management of organizations, included caring for soldiers and family members, storing and shipping personal property, exercising command influence, and other command-related functions. Fourteen percent (330) of the total IGARs fell into this category. The third category, military personnel management, involved recruiting operations, reassignments, evaluation reports, promotions, personnel separations, awards and decorations, and other similar actions. Fourteen percent (326) of the total IGARs fell into this category. The fourth category, civilian personnel management, included management-employee relations, recruitment and placement, promotions, and awards. Nine percent (210) of the total IGARs fell into this category. The fifth category, commanders' actions and decisions, included soldier details and duty rosters, the weight control program, and mental evalua-

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tions. Six percent (143) of the total IGARs fell into this category. The sixth category, finance and accounting, included pay and allowances and finance services. Another 6 percent (143) of the total IGARs fell into this category.

The DAIG conducted systemic assessments and inspections over a broad spectrum of force readiness and resource management issues in training, personnel, supply, maintenance, installations, and acquisition during FY 1994. The DAIG also remained responsive to concerns raised by the Army Secretariat and Army Staff in other areas, such as soldier quality of life and command stewardship. Major inspection and assessment efforts in FY 1994 included:

1. Active component training (1993-1995)
2. Reserve component training (1992-1994)
3. Army war reserve materiel (1993-1994)
4. Command and control of small units (1994)
5. Enlisted Reassignment System (1993-1994)
6. Military department allegations of discrimination by military personnel (1993)
7. Small-arms repair parts (1994)
8. Armed forces recreation center oversight (1994)
9. Reserve Components Automation System (1994)
10. Requirements generation process (1994)
11. Support for U.S. Army forces in United Nations peacekeeping operations (1994)
12. Army RETROEUR maintenance program (1994-1995)
13. Modeling and simulations (1994 and beyond)
14. Numerous technical inspections (1994)

The DAIG investigates allegations against general officers, senior executive service employees, inspectors general, and officials in high-visibility positions. During FY 1994 the DAIG conducted 27 formal investigations and more than 140 preliminary inquiries. Of the allegations formally investigated, approximately 30 percent were substantiated. The most frequently investigated allegations were personal misconduct, abuse of authority, misuse of funds, misuse of personnel or property, misuse of aircraft, and sexual harassment.

The Army and Arms Control

Although the Army does not possess nuclear weapons, it plays a key role in the nation's efforts to control these and other weapons of mass destruction. The service provides policy analysis and recommended positions on all Presidential Review Directives on nonproliferation, ballistic

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missile defenses, chemical and biological weapons arms control, and export controls. The Army serves as the DOD executive agent for compliance with and implementation of the Conventional Forces in Europe Treaty and also supplies soldiers to the On-Site Inspection Agency, which monitors arms control treaty compliance. The Army Staff reviews regional arms control strategies and analyzes U.S. government positions in many negotiating forums, including the Conference on Security Cooperation in Europe, the Open Skies Consultative Commission, the Preparatory Commission for the Chemical Weapons Convention, the Conference on Disarmament, and the Anti-Ballistic Missile Treaty Standing Consultative Commission. With the proliferation of weapons of mass destruction, ballistic missile technology, and advanced conventional weapons, future arms control initiatives are likely to be more regional in nature. The Army will continue to play an important role in these issues as a means of enhancing national security.

During FY 1994 a major Army arms control challenge entailed the destruction of U.S. chemical weapons. The service had started destruction operations at Johnston Atoll in the Pacific and will begin operations in FY 1995 at Tooele Army Depot, Utah. The Army plans to construct seven other facilities in the United States to destroy U.S. chemical weapons stocks. In parallel with its ongoing destruction program, the Army initiated research and development of two neutralization-based alternatives for destruction of chemical weapons stocks at Aberdeen Proving Ground (APG), Maryland, and Newport Army Ammunition Plant, Indiana. The Army will continue to train disposal facility operators at the Chemical Demilitarization Training Facility at Aberdeen Proving Ground. The Army is also studying how to identify, recover, and safely dispose of nonstockpile chemical materials such as buried munitions, production and test facilities, and binary weapons.

World War II Commemoration

The Secretary of the Army was the executive agent for the DOD commemoration of World War II. The DOD World War II Commemoration Committee planned, integrated, and coordinated programs, ceremonies, and commemorative materials. The committee also developed educational and support materials, public service announcements, lesson plans, and teachers' guides. In 1994 the committee commemorated landings on Tarawa, Kwajalein, Guam, and Peleiu. The President participated in the commemoration of the Operation OVERLORD landings in Normandy. Also commemorated were the liberation of southern France and the Battle of the Bulge at Bastogne. Through its participation in these and other smaller commemorative events, the Army honored its former soldiers and comrades in the other services.

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Last updated 19 December 2003