Department of Defense Appropriation Act, 1986

Summary

Department of Defense Appropriation Act, 1986 - Title I: Military Personnel - Appropriates funds for FY 1986 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 1986 for the operation and maintenance of the Army, the Navy, the Marine Corps, the Air Force, and the defense agencies, including their respective reserve components, and the Army and Air National Guards. Appropriates funds for the National Board for the Promotion of Rifle Practice, claims against the Department of Defense, the Court of Military Appeals, the tenth International Pan American Games, and environmental restoration (including transfer of funds). Title III: Procurement - Appropriates and transfers funds for FY 1986 for the procurement by the Army of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and other equipment and materials. Appropriates and transfers funds for procurement by the Navy of aircraft, weapons, conversion and shipbuilding of vessels, and other equipment and materials. Prohibits the use of funds for naval vessel construction in foreign shipyards. Appropriates and transfers funds for Marine Corps procurement. Appropriates and transfers funds for procurement by the Air Force of aircraft, missiles, and other equipment and materials. Appropriates funds for the National Guard, Reserve, and defense agencies' procurement (including transfer of funds). Makes all such appropriations available through FY 1988 unless otherwise specified. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1986 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies (permits the merger of appropriations for advanced research). Appropriates funds for the expenses of the Director of Defense Test and Evaluation. Makes all such appropriations available through FY 1987. Title V: Special Foreign Currency Program - Appropriates funds for FY 1986 for excess payments in foreign currencies for expenses in carrying out the programs of the Department of Defense. Title VI: Revolving and Maintenance Funds - Appropriates funds for the armed forces and defense stock funds. Title VII: Related Agencies - Appropriates funds for the intelligence community staff and the Central Intelligence Agency Retirement and Disability System Fund. Title VIII: General Provisions - Limits the expenditure of appropriations for consulting services to contracts where such expenditures are a matter of public record. Prohibits the use of appropriations for unauthorized publicity or propaganda. Authorizes the Secretaries of Defense and of the service departments to procure the services of experts and consultants if advantageous to the national defense. Exempts the Defense Department from the prohibition against employing non-citizens. Makes appropriations for the Department of Defense (DOD) for the current and future fiscal years available for the following: (1) expenses connected with administration of occupied areas; (2) payments of rewards for information leading to the recovery of missing naval property; (3) payments of deficiency judgments arising out of condemnation proceedings; (4) leasing of buildings and facilities; (5) contract payments for the maintenance of tools and facilities; (6) maintenance of defense access roads; (7) milk purchases for enlisted personnel of DOD; (8) payments under leases for real or personal property; (9) the purchase of right-hand-drive vehicles; (10) payment of cost overruns for ship construction and repair; (11) payments for industrial fund activities incident to ship overhaul, maintenance, and repair; and (12) payments for depot maintenance contracts. Makes such appropriations also available for: (1) military courts, boards, and commissions; (2) certain utilities; and (3) exchange fees and disbursing losses. Directs the Secretary of Defense and each agency of the Department 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 remain available for obligation beyond the current fiscal year, unless expressly so provided. Permits the President to exempt appropriations available for military functions from the requirement that appropriations be distributed so as to prevent deficiencies or the need for supplemental funding. Authorizes the Secretary to provide for the cost of any increases in military personnel required by the President for airborne alert. Requires the Secretary to report to the Congress monthly on the exercise of such authority. Prohibits the use of appropriations for specified practices, including: (1) proficiency flying; and (2) excess household goods shippage and storage. Permits the transfer of vessels among the Departments of Transportation and Defense. 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 the Department of Defense 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 on the properties and services received. Permits the use of appropriations for research and development and for the acquisition or furnishing of facilities for such activities. Prohibits the use of appropriations for the procurement of any food, clothing, specified cloth (including cotton, silk, and wool) or synthetic fabrics, or specialty 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. Limits the funds available for legislative liaison activities of the Department. Earmarks appropriations for the procurement of commercial transportation service from carriers participating in the civil reserve air fleet program. Authorizes the Secretary, in the national interest and with the approval of the Office of Management and Budget, to transfer and merge specified working capital funds. Directs the Secretary to notify the Congress of all transfers. Limits the cash balances which may be maintained in such funds. Prohibits the use of appropriated funds for: (1) fuel conversion at defense facilities in Europe; (2) the preparation of a request to the Appropriations Committees for reprogramming of funds, except as specified; (3) certain claims for physician or provider reimbursement for medical services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); (4) public affairs activities beyond a specified amount; (5) administering funds credited to DOD under provisions of the Arms Export Control Act; (6) Senior ROTC units which have had classes with insufficient enrollment; (7) programs of the Central Intelligence Agency beyond FY 1987, with specified exceptions; and (8) military personnel costs associated with morale, welfare, and recreation activities. Prohibits the use of appropriated funds for the payment of anticipatory possession compensation claims to the Federal Republic of Germany other than claims under the Global Agreement. Permits the Secretary to contract with collection agencies to recover indebtedness to the United States. Prohibits the use of appropriations for: (1) certain noncompetitive contracts for studies or consulting services unless certain unique elements are present; (2) nonreimbursed medical care in the United States to foreign military or diplomatic personnel or their dependents; (3) certain second career training programs; (4) the demilitarization of surplus nonautomatic firearms of less than a specified caliber; (5) certain multiyear contracts utilizing economic order quantity procurement or unfunded contingent liabilities in excess of a specified amount; and (6) excessive per diems in lieu of subsistence when an enlisted member is in a travel status. Prohibits the use of appropriations for: (1) waivers of certain cost recovery under the Arms Export Control Act unless the Appropriations Committees are given advanced notice; (2) transportation of equipment or material designated as Prepositioned Material Configured in Unit Sets (POMCUS) in Europe in excess of four division sets, except as specified to maintain certain inventories at a fixed percent of established requirements; (3) the transfer of manufacturing equipment and data for military equipment to a foreign country without the prior approval of the Secretary concerned; (4) the transfer of a technical data package or any assistance from any Government-owned and operated defense plant manufacturing large caliber cannons to any foreign government; and (5) unjustified intelligence activity unless the Appropriations Committees are notified. Requires the Advanced Technology Bomber program to be funded at a level at least equal to that provided by the conference committee. Prohibits the use of funds for: (1) the purchase of foreign coal or coke for U.S. defense facilities in Europe when U.S. coal is available; (2) the procurement of manual typewriters from Warsaw Pact countries; (3) more than 37 Executive Schedule positions in the Department; (4) converting certain military technician positions to nonmilitary positions in support of the reserves and the guards; and (5) imposing a civilian personnel ceiling on industrially funded activities of the Department. Eliminates during FY 1986 the requirement that the Congress must authorize by law the end-strengths for civilian personnel in DOD. Prohibits setting any end-strenth limitations for such personnel during FY 1986. Requires FY 1987 defense budget requests to reflect such changes. Permits the transfer and merger of funds for increased pay costs for research, development, test, and evaluation. Prohibits the use of funds for: (1) leasing Department aircraft or vehicles to non-Federal agencies when commercial alternatives are available; (2) congressional lobbying; (3) certain multiyear leasing or chartering of vessels with excessive termination liabilities; (4) selling or leasing any land which is part of Fort DeRussy, Honolulu, Hawaii; (5) the operation of more than 247 commissaries in the contiguous United States; (6) procuring certain foreign-manufactured aircraft ejection seats; (7) unemployment benefits over a specified amount; (8) the pay of certain nonmilitary Army Reserve technicians; (9) the transfer of the Department of Defense Dependents Schools to the Department of Education; (10) certain purchases of aircraft power supply cable assemblies beyond a specified percent; and (11) purchasing dogs or cats to study the medical treatment of wounds. Prohibits the use of funds for: (1) the full-scale engineering development of any major acquisition program until the Secretary certifies to the Appropriations Committees that two or more production sources are not necessary or provides a plan for the development of two or more sources; and (2) the payment of unused, accrued leave in excess of 60 days. Limits the amount of funds which may be used for the transportation of dependent children of members stationed overseas. Permits the use of limited funds for travel expenses of the family of a member who dies in the line of duty to attend such member's funeral. Prohibits the expenditure of funds for the floating storage of petroleum in non-U.S. vessels. Earmarks funds for the Civil Air Patrol. Permits the use of funds for removing feral burros and horses. Prohibits the use of appropriations for continuation pay for dental officers serving in an over-manned specialty. Permits a limited transfer of funds for health care delivery demonstration projects upon notification of the Congress by the Secretary of such transfer. Prohibits the use of funds for the consolidation or conversion of certain heating facilities to district heating systems in defense installations in Europe. Prohibits the use of funds to compensate certain foreign selling costs. Permits the obligation of funds for humanitarian and civic assistance costs incident to authorized operations of the armed forces. 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 appropriated funds to transport any chemical munitions into the Lexington-Blue Grass Army Depot for future demilitarization purposes. Prohibits the use of appropriations for: (1) procurement of weapons systems for side-by-side testing of such systems with NATO countries, without prior notification to the Appropriations Committees; and (2) abortions, except where the life of the mother would be endangered. Expresses the sense of the Congress that: (1) the Secretary should award defense contracts in FY 1986 to the extent possible to contractors who agree to carry out such contracts in labor surplus areas; (2) competition should be increased in providing for our national defense; (3) the President should consult with other NATO-member nations concerning Strategic Defense Initiative research, and that the Secretary of Defense should report to various congressional committees on the status of such consultations; and (4) the President should insist that pertinent NATO-member nations meet or exceed their pledges for a three percent annual increase in defense spending and that Japan further increase its defense spending during fiscal years 1986 and 1987. Prohibits the use of funds for contracting out activities performed by the Defense Personnel Support Center, Philadelphia, Pennsylvania, unless the Appropriations Committees receive the results of a cost analysis of such action. Prohibits the use of funds for: (1) the integration of a nuclear warhead into the Joint Tactical Missile System; or (2) contracts for the overhaul, repair, or maintenance of any naval vessel which includes interport differential charges. Authorizes the Department of the Air Force and the Defense Logistics Agency to test a flat rate per diem system for military and civilian travel allowances, under certain conditions. Directs DOD to conduct a pilot test project of providing home health care to certain military dependents. Limits the availability of appropriations for educational costs for off-duty training of military personnel to specified percentages of such costs. Prohibits the use of appropriated funds for: (1) contracted professional surveying and mapping services for the Defense Mapping Agency unless such contracts are procured in accordance with certain selection procedures; and (2) 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 is completed on such and certified to the Appropriations Committees. Makes appropriations available to exchange or furnish mapping, charting, or geodetic data, supplies or services to a foreign country pursuant to an agreement for the exchange of such services. Sets aside specified funds for establishing a pilot program for advanced semiconductor research. Prohibits the use of appropriated funds for NATO cooperative research and development projects until 30 calendar days have elapsed following written notification to the Senate and House Committees on Appropriations and on Armed Services. Prohibits the use of appropriated funds for: (1) procurement or assembly of binary chemical munitions; or (2) the establishment of production facilities for such purpose. Expresses the sense of the Congress that appropriations for binary chemical weapons shall be considered only if certain enumerated conditions are met. Prohibits the use of appropriated funds for: (1) the procurement of C-12 aircraft unless competitive procedures are used; (2) a test of the Space Defense System (antisatellite weapon) until the President certifies to the Congress that the Soviet Union has tested such a weapon; and (3) procurement of 120mm mortars or ammunition for such mortars if manufactured outside the United States. Limits the funds available to initiate a replacement program for Presidential Air Force One aircraft. Authorizes the Secretary of Defense to transfer certain funds from the Foreign Currency Fluctuation, Defense account to the operation and maintenance appropriations provided in this Act, under certain specified conditions. Prohibits a former officer or employee of the Department of Defense (DOD) or former retired member of the uniformed services from accepting compensation from a Government contractor for two years following the individual's separation from Government service if, during the two years preceding separation from service, such individual had significant responsibilities for a procurement function with respect to that contractor. Specifies penalties for violations of this provision, stating that the contractor agrees not to compensate an individual who falls under such category. Specifies penalties for a contractor's violation of this requirement. Requires an officer or employee of DOD, having significant responsibilities for a procurement function with respect to a contract, who contacts or is contacted by such contractor regarding future compensation, to report such contact to his or her supervisor and the designated ethics official and to disqualify himself or herself from all significant procurement functions regarding such contract until a report on such contact is made. Requires the Secretary to notify affected employees who leave DOD of these provisions. Requires contractors subject to such a contract term to issue to the Secretary an annual report listing specified information concerning individuals who had significant responsibilities for a procurement function, left the Government within the previous two years, and were compensated by that contractor after leaving Government service. Requires such reports on April 1 of each year, beginning with 1987. Requires the Secretary to assess such reports and report any possible violations to the Attorney General. Requires a copy of each such report to be sent to the Secretary of Defense. Requires the Secretary to assess such reports and report any possible violations to the Attorney General. Provides penalties for those contractors failing to file such reports. Excludes from application of these sections those contracts for an amount less than $100,000. Requires the Secretary of Defense, not later than 180 days after enactment of this Act, to delineate the procurement functions covered by these sections and provide a list of such functions to the Congress and the Director of the Office of Government Ethics. Allows an individual who is offered compensation which might be in violation of this Act to apply to the Director of the Office of Government Ethics for advice on the applicability of this Act to such compensation. Directs the Secretary of Defense to require a covered contract to provide that if the contractor submits to DOD for payment costs specified by law as unallowable, then: (1) such cost will be disallowed; and (2) a specified penalty will be imposed upon such contractor. Provides civil and criminal penalties for contractors who knowingly submit for reimbursement costs unallowable by law. Lists the following costs as disallowed under such a contract: (1) entertainment and social activities; (2) costs incurred to influence action on legislation or appropriation matters pending before the Congress; (3) costs of the defense of any fraud proceeding; (4) fines and penalties imposed for noncompliance with Federal, State, or local laws and regulations; (5) costs of membership in any social or dining club or organization; (6) alcoholic beverages; (7) contributions or donations; (8) advertising; (9) models, gifts, souvenirs, or other memorabilia; (10) other items proscribed by the Secretary of Defense; and (11) aircraft travel to the extent such costs exceed the standard commercial fare. Allows such noncommercial air travel in specified limited circumstances. Requires the Secretary of Defense, within 150 days after the enactment of this Act, to issue regulations concerning the allowability of indirect contractor costs under DOD contracts. Requires such regulations to: (1) define in detail unallowable costs; and (2) provide that specific costs unallowable under one cost principle shall not be allowable under any other cost principle. Provides that such regulations shall require that a contractor provide current, accurate, and complete documentation to support the allowability of an indirect cost. Requires a defense contract auditor, whenever feasible and practicable, to be present at any meeting or negotiation regarding the allowability of an indirect cost. Requires a contractor to certify that all indirect costs included in a final settlement proposal are allowable. Allows the Secretary of Defense or the Secretary of the military department concerned to waive such certification in specified limited circumstances. Requires the Secretary to prepare a plan for competition for major defense acquisition programs before beginning the full-scale engineering development under any such program. Requires the Secretary to report such plan to the Senate and House Armed Services Committees, not later than at the same time the Secretary submits budget requests for full-scale engineering development programs. Outlines proposals to be included in such plan. Requires the Secretary to determine whether competitive alternative sources of competition exist for a program, and, if not, to revise the plan of competition. Requires at least two sources of supply before full-scale engineering development of a program takes place. Requires the Secretary to ensure that, of the total dollar amount of contracts awarded for a fiscal year for major acquisition programs, the amount awarded to the contractors whose proposals were most advantageous to the United States shall be greater than the amount awarded other contractors. Provides for waiver of such competition requirements in specified limited circumstances. Requires a defense agency that is responsible for the acquisition of property or services under a covered defense contract to record the contractor's proposed and negotiated cost and pricing data into appropriate categories such as labor costs, material costs, subcontract costs, overhead costs, general and administrative costs, fee or profit, and recurring or nonrecurring costs. Requires bills of labor to reflect a computation of work required in manufacturing parts and assemblies, and other specified information. Requires similar information to be detailed in a contractor's recorded bill of materials. Outlines contracts to which such provisions shall apply.

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3 official files

• Reported to Senate with amendment(s)

  summary · EN · 6 November 1985

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• Passed House amended

  summary · EN · 30 October 1985

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• Introduced in House

  summary · EN · 24 October 1985

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