National Defense Authorization Act for Fiscal Year 1987

Summary

National Defense Authorization Act for Fiscal Year 1987 - Division A: Department of Defense Authorization - Department of Defense Authorization Act, 1987 - Title I: Procurement - Authorizes appropriations for FY 1987 for the Army for the procurement of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and for other procurement. Prohibits any funds so appropriated from being used for the procurement of the Aquila Remotely Piloted Vehicle until certain tests and certifications have been made concerning such vehicle. Authorizes appropriations for FY 1987 for the Navy and the Marine Corps for the procurement of aircraft, weapons, shipbuilding and conversion, and other procurement. Authorizes the Secretary of the Navy to transfer certain funds for the modification of existing P-3 aircraft. Authorizes the Secretary to carry out Navy obligations under the classified Maritime Surveillance Agreement of 1986. Directs the Secretary to incorporate helicopter support facilities into each Arleigh Burke (DDG-51) class destroyer to be constructed with funds authorized under this title. Repeals a provision of the Department of Defense Authorization Act, 1985 which requires certain certifications to be made prior to authorizing appropriations for the DDG-51 program. Authorizes the Secretary to procure a lead minesweeper hunter ship and one partially-outfitted hull of such a ship from a foreign ally of the United States. Allocates funds for such purpose. Requires certain certifications from the Secretary before such purchases are made. Authorizes appropriations for FY 1987 for the Air Force for the procurement of aircraft, missiles, and for other procurement. Prohibits the obligation of funds for the procurement of 30-millimeter GAU-8 ammunition until such time as a certain separate procurement item for such ammunition is obtained. Authorizes appropriations for FY 1987 for the reserve components of the armed forces for the procurement of aircraft, vehicles, communications equipment, and other miscellaneous equipment. Authorizes appropriations for FY 1987 for the defense agencies. Authorizes appropriations for FY 1987 for the destruction of lethal chemical weapons in accordance with the Department of Defense Authorization Act, 1986. Extends through FY 1987 the authority of the Secretary of Defense, in carrying out the Multilateral Memorandum of Understanding Between the NATO Ministers of Defense concerning the NATO AWACS program, to waive the reimbursement for the cost of specified functions performed by certain personnel and to assume contingent liability for program losses and specified charges. Authorizes the Secretary of the military department concerned to enter into multiyear defense procurement contracts for the procurement of specified weapons and weapons systems, as long as at least a ten percent cost savings is realized from such contracts as compared to the use of annual contracts. Prohibits the Secretary of the Army from entering into a multiyear contract for the procurement of the Stinger air defense missile until specified evaluations and certifications have taken place. Prohibits the Secretary of the Navy from entering into multiyear contracts for the procurement of certain aircraft, gun mounts, and ammunition hoists. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1987 for the armed forces for research, development, test, and evaluation. Prohibits the obligation or expenditure of funds for the development of certain military support systems until the Secretary of Defense, no later than December 15, 1986, certifies to the Congress the soundness of such systems. Prohibits the obligation of funds for the advanced technical aircraft, Navy, and the advanced tactical fighter, Air Force, until the Secretary of Defense has made certain certifications to the Congress concerning the design of such aircraft. Prohibits funds being used for the Trident II missile development program from being used for any other purpose. Prohibits the obligation or expenditure of funds for research, development, test, evaluation, or procurement in connection with the T-46 trainer aircraft. Repeals a specified provision of the Department of Defense Appropriations Act, 1986 which prohibits the testing of any anti-satellite weapons until the President certifies to the Congress that the Soviet Union has conducted such tests. Directs the Secretary of Defense, at the same time as a similar report is due from the Secretary under the Department of Defense Authorization Act, 1984, to report to the Senate and House Armed Services Committees concerning specified aspects of the ICBM modernization program. Limits funding for the small ICBM and for follow-on basing development of the MX missile until certain congressional notice-and-wait requirements are met. Limits funds available for the Strategic Defense Initiative (SDI) program. Earmarks specified funds for the development of greater conventional defense capabilities, under certain conditions. Earmarks specified funds for the restoration of the conventional defense technology base, under certain conditions. Requires the Director of Defense Research and Engineering, within 90 days after enactment of this Act, to report to the Committees on Armed Services and on Appropriations of the Senate and the House concerning the implementation of the restoration of such technology base. Prohibits the obligation of any funds for the above programs until certain congressional notice-and-wait requirements have been met. Title III: Operation and Maintenance - Authorizes appropriations for FY 1987 for the armed forces and defense agencies for operation and maintenance, including funds for the reserve forces, the National Guard, the National Board for the Promotion of Rifle Practice, defense claims, the Court of Military Appeals, and the Defense Environmental Restoration Fund. Authorizes appropriations for FY 1987 for the working capital funds of the armed forces and defense agencies. Authorizes appropriations to the Secretary of Defense for FY 1987 for the purpose of providing logistical support, personnel, equipment, and other services in support of the Tenth Pan Am Games to be held in Indianapolis, Indiana, in August, 1987. Authorizes appropriations for FY 1987 for the Department of Defense to allow the Secretary of Defense, acting in conjunction with the Secretary of State, to provide transportation of humanitarian relief supplies for refugees of the Soviet invasion of Afghanistan. Authorizes the use of military aircraft and personnel to aid in the transportation of such supplies. Prohibits until April 1, 1987, any funds appropriated to the Army from being used to perform certain studies in connection with the operation of certain army ammunition centers, or until certain reports concerning such operations have been submitted to the Congress. Authorizes appropriations for FY 1987 for the purchase of foreign currency. Title IV: Personnel Authorizations and Related Matters - Part A: Active Forces - Authorizes strengths for active-duty personnel as of the end of FY 1987. Amends the Department of Defense Authorization Act, 1981 to extend for one year the limitation on the enlistment for active-duty in the armed forces of persons whose score on the Armed Forces Qualification Test is below a prescribed level. Reduces, upon specified dates presented in a table, the total number of commissioned officers serving on active-duty in the armed forces, the first such reduction occuring after FY 1987. Excludes certain officers from such reduction quotas. Requires the Secretary of Defense, no later than February 1 of each fiscal year, to report to the Senate and House Armed Services Committees concerning such reductions as apportioned among the various military departments. Requires the Congress to authorize the end strengths of commissioned officers for each fiscal year, and allows no funds to be appropriated for the use of such officers in a fiscal year until such congressional authorization has occurred. Part B: Reserve Forces - Authorizes average strengths for the selected reserve components of the armed forces for FY 1987. Permits the reduction and increase in such strengths as specified. Authorizes the end strengths for FY 1987 for members of the reserves serving on full-time active duty for the purposes of organizing, administering, recruiting, instructing, or training the reserve components of the National Guard. Excludes members of the reserves who are called up by the President to active-duty in time of national emergency from being counted against the number of reserves regularly permitted to serve on active-duty. Requires the Congress to authorize the end strengths for each fiscal year for certain active-duty personnel. Permits the end strength levels to be increased by two percent in the national interest. Requires the Secretary of Defense to include in a certain report submitted to the Congress an analysis and evaluation concerning the number of officers and enlisted members serving on active-duty for training for a period in excess of 180 days. Part C: Civilian Personnel - Authorizes the end strength for civilian personnel of the Department of Defense (DOD) for FY 1987. Limits the amount that may be obligated for such personnel. Requires the apportionment of such personnel among the various military branches and departments. Requires the Secretary of Defense to report to the Congress on such allocation within 60 days after the enactment of this Act. Specifies the types of civilian employees to be included in such end strengths. Prohibits any commercial or industrial-type function of DOD currently being performed by private contractors from being converted to performance by civilian DOD employees: (1) except in time of war, national emergency, and for national security purposes; or (2) unless the Secretary of Defense provides to the Congress certain notifications, justifications, and a report concerning the conversion of such work performance. Part D: Military Training - Authorizes the average military training student loads for each component of the armed forces for FY 1987. Requires the adjustment of such loads as the manpower strengths of each component are adjusted. Part E: Manpower Analyses - Amends Federal provisions concerning major defense acquisition programs to prohibit the approval of the development or deployment of such a program unless the Secretary of Defense, at least 90 days prior to such approval, has submitted to the Senate and House Armed Services Committees a manpower estimate of such program. Defines "manpower estimate" for purposes of such report. Title V: Military Personnel Policy - Amends general military law to prohibit a member of the armed forces from being assigned to active duty outside the U.S. and its territories and possessions unless that member has completed basic training. Prohibits the period of such training in time of war or national emergency from being less than 12 weeks. Authorizes the carry-over of up to 30 days of excess leave for members of the armed forces who are reenlisting. Extends through FY 1988 the authority for the temporary promotion of certain Navy lieutenants. Authorizes the Secretary of the Army to retain in an active status until age 60 up to ten officers in the reserve grade of brigadier general who would otherwise be removed from such active status because of age or years of service. Authorizes the Secretary to similarly retain in active status until age 60 an officer who would otherwise be removed who: (1) is an officer of the National Guard; or (2) is employed as a technician in the National Guard or Army Reserve for which membership in such guard or reserve component is a condition to such employment. Increases from 100,000 to 250,000 the number of members of the Selected Reserve authorized to be added to active-duty forces in periods other than war or national emergency and for a duration of up to 90 days. Authorizes the President to extend such 90-day period for reasons of national security, as long as the Congress is so notified. Authorizes a member of the reserves to be ordered to active duty if it is determined that the member is in a captive (missing) status. Excludes reserve members so ordered from inclusion in authorized end strengths for reserve members and reserve officers. Eliminates gender-based distinctions (the use of "male officers" and "women officers") in Federal provisions relating to the selection for promotion of officers in the Naval Reserve and Marine Corps Reserve. Amends Federal law relating to the rank of certain noncombat officers to authorize the following grades for the following officers, for as long as they hold such positions, and provided they were appointed by the President, by and with the advice and consent of the Senate: (1) brigadier general, for the Dean of the Academic Board of the U.S. Military Academy; (2) rear admiral or major general, for the Deputy Judge Advocate General of the Navy and Marine Corps; (3) rear admiral (lower half) or brigadier general, for the Assistant Judge Advocates General of the Navy and the Marine Corps; (4) brigadier general, for the Dean of the Faculty of the U.S. Air Force Academy; and (5) major general or rear admiral, for the Attending Physician to the U.S. Congress. Outlines the qualifications and appointment requirements for officers of the Marine Corps to be detailed as Staff Judge Advocate to the Commandant of the Marine Corps. Authorizes the grade of brigadier general for such position. Authorizes during FY 1987 an increase in the number of flag officers (grades above major general and rear admiral) for the various military departments. Title VI: Compensation and Other Personnel Benefits - Part A: Basic Pay and Allowances - Prohibits the adjustment of compensation levels of members of the uniformed services in conformity with adjustment to GS-level compensation of Federal employees during FY 1987. Increases by four percent the rates of basic pay, basic allowance for quarters, and basic subsistence allowance for members of the uniformed services, effective October 1, 1986. Increases cadet and midshipman pay by four percent. Extends through FY 1991 the authorization for reimbursement in place of quarters for members on sea duty. Authorizes one month's advance pay for senior ROTC members ordered to participate in field training or a practice cruise. Eliminates as of January 1, 1987, certain pay inequities between officers and enlisted personnel engaged in certain health professions training. Part B: Travel and Transportation - Entitles, under certain conditions, a member to a dislocation allowance equal to the basic allowance for quarters for two months. Prohibits such member from receiving any other type of dislocation allowance. Allows, however, a second dislocation allowance for members actually moving from their place of residence, if another move from the new location is actually made. Makes such second dislocation allowance also equal to the basic allowance for quarters for two months. Prohibits a member from entitlement to more than one dislocation allowance per fiscal year except in very limited circumstances. Makes such provisions inapplicable in time of war or national emergency declared after April 1, 1975. Authorizes movement by inland waterway or overland, whichever is more cost effective, between the ocean port and inland points in Germany, for one motor vehicle per member who is ordered to a duty station in Germany. Authorizes the transportation of one motor vehicle at Government expense for each member changing permanent duty stations. Authorizes the transportation at Government expense of a privately-owned vehicle to an embarkation or debarkation point under certain unsafe conditions as determined by the Secretary concerned. Precludes the payment of a monetary allowance for the transportation of a motor vehicle if the vehicle is being transported at Government expense. Authorizes the Secretary concerned to store household effects exceeding the maximum weight limitation for the transportation of such effects from one permanent station to another, and then to collect the storage expenses of such effects from the member's pay and allowances. Authorizes the return shipment of baggage and household effects of a member's dependents if such dependents are unable to accompany such dependent overseas and the Secretary concerned determines that such inability was unexpected and uncontrollable. Authorizes the reshipment of a dependent's motor vehicle for the same reasons. Revises armed forces pay and allowance provisions to offer to authorize a contingent flat-rate per diem allowance in lieu of subsistence allowance for travel as a member of the uniformed services, as long as a certain certification is made by the Secretary of Defense to the Senate and House Armed Services Committees concerning a cost comparison of the two months of computing such allowances. Authorizes reasonable travel expenses incident to the transportation of overseas dependents of members who are transported at the expense of the United States for the purpose of receiving required medical care. Authorizes appropriations for permanent change of station travel for active-duty military personnel. Part C: Bonuses and Special and Incentive Pays - Revises provisions concerning certain service requirements necessary for aviation officers to receive continuation pay. Includes aviation cadets as officers for purposes of eligibility for aviation career incentive pay. Authorizes the Secretary of the military department concerned to pay enlistment bonuses to members of the Selected Reserve of the Ready Reserve who enlisted in the good faith belief that they would receive such bonus. Authorizes special pay for members found by the Secretary concerned to be proficient at a foreign language who utilize such proficiency as part of their assigned military duties. Authorizes an equivalent to such special pay for members of the reserves or National Guard. Limits the obligation of funds for the payment of all such special pay. Authorizes special pay (which will vary depending upon the length of service) for officers who are psychologists and have been certified by the American Board of Professional Psychology. Part D: Miscellaneous Benefits - Increases the death gratuity payable to the surviving spouse, children, or surviving lineal family members of a member who dies while on active duty, active duty for training, or within 120 days after release from either duty. Repeals Federal law which allows the family of a member who dies in the line of duty to continue to occupy military family housing without charge for 90 days following the member's death. Authorizes a member to be reimbursed for certain bank charges resulting from an administrative or mechanical government error in the deposit in such bank of such member's pay. Authorizes certain travel and transportation allowances and medical care for dependents of certain members who are sentenced, discharged, or dismissed from the armed forces. Authorizes medical care for an abused dependent of a member after the member receives a court-martial conviction for an offense involving abuse of a dependent. Terminates such medical care one year after the date such member was discharged or dismissed for such abuse. Amends the Department of Defense Authorization Act, 1986 to increase the preference hiring for qualified spouses of members of the armed forces in hiring for any position in the DOD above GS-4 (currently, such preference holds for positions above GS-7). Revises Federal provisions relating to retirement credit for certain former National Guard technicians, and amends the National Guard Technicians Act of 1968, to maintain the current Federal retirement credit for all such technicians separated from Governemnt employment on or after the date of enactment of this Act. Authorizes the redetermination of retirement annuities for all such technicians employed prior to January 1, 1969, and separated from Government service before the date of enactment of this Act, if a proper application for annuity redetermination is received by the Office of Personnel Management within one year after the enactment of this Act. Outlines benefits, leave, etc. to be redetermined for such qualified individuals. Authorizes an individual who satisfies the length-of-service requirements after such redetermination to be enrolled in a government-sponsored health benefits plan if timely application for such enrollment is received by OPM. Revises Federal provisions concerning medical and dental care benefits available to members of the armed forces to include as eligible for such benefits members of the National Guard on full-time active duty for a period of 30 days or less. Revises provisions concerning pay for reservists while disabled to authorize such pay for members who are: (1) on active duty for a period of more than 30 days; or (2) on active duty for training for a period of 30 days or less, and are physically disabled (in the case of (1), above), or incur or aggravate an injury, illness, or disease in the line of duty while employed or while traveling directly to or from such training (in the case of (2), above). Authorizes increased pay for inactive duty training for reserve and National Guard members for each regular period of instruction which such member is required to perform but cannot due to an injury incurred while on active duty for 30 days or less or during the performance of inactive duty training or while traveling to or from such training. Revises Federal law relating to the provision of medical and dental care for dependents of certain reserve members to make eligible for such care a dependent who is a survivor of a member who dies: (1) while on active duty; (2) while performing inactive duty training; or (3) due to an injury, illness, or disease incurred or aggravated while on such duty or training or while traveling to or from such training. Authorizes the Secretary concerned to pay a death gratuity to survivors of a reserve member who dies within 120 days after discharge or release from active duty or inactive duty training if the Administrator of Veterans Affairs determines that the death resulted from an injury, illness, or disease incurred or aggravated while on such duty or training or while traveling to or from such duty or training. Includes specifically members of the Army and Air National Guards who die while undergoing treatment for any illness, injury, or disease described above under Federal provisions authorizing the recovery, care, and disposition of remains of deceased military members at Government expense. Authorizes the limited use of commissary stores by members of the Selected Reserve, authorizing such use for one day of each day of active duty for training performed by the member. Repeals a provision of the Department of Defense Authorization Act, 1984 prohibiting the use of such commissaries by such Reserve members. Part E: Administration of Personnel Benefits - Revises the method of the determination of DOD contributions each fiscal year to the Department of Defense Military Retirement Fund (the Fund). Requires the Secretary of Defense, not less often than every four years, to carry out an actuarial valuation of DOD military retirement and survivors benefit programs. Outlines determinations to be included in each such valuation. Outlines provisions concerning actual payments by the Secretary at the end of each month representing DOD contributions to the Fund for that month. Bases all amount determinations on: (1) levels of basic pay in the military; and (2) basic pay and other compensation paid to the Ready Reserve and full-time National Guard. Title VII: Health Care - Authorizes the Secretary of Defense, during any fiscal year or portion thereof, to waive certain health-care provision contract requirements if the Secretary certifies to the Senate and House Armed Services Committees, not later than 180 days prior to any fiscal year or portion thereof for which the waiver is to be made, that such waiver will be cost-effective to the Government. Allows the Secretary to authorize agreements providing for the sharing of resources between treatment facilities of the uniformed services and civilian health-care providers, if the Secretary determines such sharing of resources to be cost-effective. Adds new provisions to Federal law requiring the confidentiality and privileged nature of medical quality assurance records created by or for DOD as part of a medical quality assurance program. Prohibits the disclosure of such records, or their use as discovery or evidence in administrative or judicial proceedings, except as specified herein. Outlines the disclosure exceptions to such prohibition. Requires the identity of specific persons contained in such records to be deleted before any disclosure is made outside DOD. Allows purely statistical information to be released. Outlines civil penalties for the unlawful disclosure of such information in violation of these provisions. Authorizes FY 1987 appropriations and outlines requirements for a dental insurance program for dependents of active-duty military personnel. Title VIII: Military Justice - Military Justice Amendments of 1986 - Amends the Uniform Code of Military Justice (UCMJ) to provide that the defense of lack of mental responsibility shall be an affirmative defense for any act which is the subject of a court-martial. Requires the defense to prove such lack of mental responsibility by clear and convincing evidence. Authorizes reserve members performing inactive-duty training to administer oaths under the UCMJ (currently, only reserve members on active duty may administer such oaths). Revises provisions regarding the applicable statute of limitations for various military offenses under the UCMJ. Authorizes the bringing of new charges (after former charges are dismissed as defective or insufficient), even if the statute of limitations has expired, if new charges alleging the same acts are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the former charges were dismissed. Revises certain time limitations for post-trial submissions by defense in a court-martial. Revises provisions concerning assignments (detail) of judge advocates in the armed forces to allow such advocates to perform duties as requested by an agency concerned, including representation of the United States in civil and criminal cases. Title IX: Procurement Improvements and Other Procurement Matters - Defense Acquisition Reorganization and Improvements Act of 1986 - Part A: Under Secretary of Defense for Acquisition - Establishes in DOD under the Secretary of Defense the position of Under Secretary of Defense for Acquisition, appointed by the President with the advice and consent of the Senate, to perform such duties and exercise such powers as the Secretary may prescribe, including certain specified functions. Outlines the precedence (priority of position) among the Secretary, the Under Secretary of Defense for Acquisition, and the Under Secretary of Defense for Policy (the latter already currently established under Federal law). Establishes in DOD under the Secretary of Defense the position of Director of Defense Research and Engineering, appointed by the President with the advice and consent of the Senate, to perform such duties relating to research and engineering as the Under Secretary of Defense for Acquisition may prescribe. Requires the Director of Operational Test and Evaluation to report to the Under Secretary of Defense for Acquisition (currently such Director reports to the Secretary of Defense) with respect to all general and specific operational test and evaluation conducted within DOD. Requires the Under Secretary of Defense for Acquisition to receive any written reports concerning such test and evaluation currently required to be submitted by the Director to the Secretary and specified congressional committees. Requires the Director to report directly to the Under Secretary of Defense for Acquisition. Amends the Small Business Act to provide that in the DOD the Director of the Office of Small and Disadvantaged Business shall be responsible only to, and report directly to, the Under Secretary of Defense for Acquisition. Part B: Management and Authorization Procedures for Certain Acquisition Programs - Amends general Federal procurement law to authorize the head of an agency, with the approval of the Secretary of Defense, to designate any defense acquisition program conducted by such agency as a defense enterprise program, which shall be managed by a program manager. Requires such program manager to report to and be under the direction and control of the acquisition executive of the agency or his delegate. Directs the head of an agency conducting a defense enterprise program to appoint a program manager for such program. Outlines administrative provisions concerning the appointment and performance review of such managers. Authorizes the manager of a program to establish a senior staff to assist in the management of a program, as well as a technical staff. Requires the Secretary of Defense, no later than 90 days after a defense enterprise program is so designated, to report to the Congress on a program management baseline and funding for such program. Requires follow-up baseline reports and outlines information to be included in such reports. Requires a program manager to immediately submit to the acquisition executive a deficiency report if the program manager determines a phase, milestone, or performance deficiency in a program. Requires the acquisition executive to inform the Secretary of Defense of such a deficiency report, and, if confirmed, requires the Secretary to notify the Congress of such report. Requires such a deficient program, if continued, to be given a revised program management baseline in order to meet performance requirements. Part C: Private Employment Contacts by Certain Senior Department of Defense Officials - Prohibits a covered senior defense official from contacting a defense contractor regarding future employment opportunities with the defense contractor. Defines "covered senior defense official." Requires such official to immediately terminate any contact made by a defense contractor regarding possible future employment. Provides for the payment of severance pay to a covered senior defense official upon termination of Federal employment in such position. Provides that such official shall not be entitled to the severance pay if he or she is eligible for retired or retainer pay for non-regular service, or an annuity under any retirement system for Federal employees. Repeals a provision of the Department of Defense Authorization Act, 1986 relating to post-government service employment bars on senior defense officials. Includes covered senior defense officials in Federal provisions which requires certain DOD procurement officials receiving contact from a defense contractor regarding possible future employment to: (1) immediately report such contact to his or her supervisor; and (2) disqualify himself or herself from all participation in the performance of procurement functions relating to the contracts of such defense contractor. Part D: Acquisition of Commercial and Other Developed Equipment and Supplies - Amends Federal armed forces provisions to define the terms "spare or repair part" and "lowest commercial price" for purposes of this Act. Provides that if a defense agency uses other-than-competitive procurement procedures to purchase spare or repair parts which such contractor also offers for sale to the general public, then the contract price to the United States may not exceed the lowest commercial price charged to the general public for such parts. Requires, in such case, the contractor to either certify that the price offered does not exceed the lowest commercial price charged, or provide written justification for any price difference. Outlines exceptions to the requirements of this Act based on national security or differences in contract terms from commercial contracts. Authorizes the defense agency's contracting officer to examine and audit all sales records of the contractor involved in order to verify certifications or justifications provided by such contractors. Requires the contractor to make such records available for such purpose. Amends the Department of Defense Authorization Act, 1985 to require the Secretary of Defense, within 180 days after the enactment of this Act, to prescribe regulations concerning the manner in which the Department of Defense negotiates prices for supplies obtained through other-than-competitive procurement procedures. Outlines provisions to be included in such regulations, as well as exceptions to such regulations. Repeals current Federal law concerning defense procurement cost and price management. Revises Federal provisions which require supplies provided to the United States to be marked with the name of the contractor furnishing such supplies to exclude from such requirement supplies for which the price is based upon established prices of commercial items sold in substantial quantities to the general public. Amends Federal defense procurement provisions to direct the Secretary of Defense, the Secretary of each military department, and the head of each defense agency, to the maximum extent practicable, to provide for the use of nondevelopmental items (commercially-available items) in fulfilling defense procurement requirements. Directs the Secretary to prescribe regulations to carry out this provision, and to designate an officer or employee of DOD to ensure its implementation. Requires such designation within 90 days after enactment of this Act. Requires the Secretary, within one year after enactment of this Act, to report to the Congress on actions taken to implement this provision. Revises provisions concerning the weight to be given to certain evaluation factors in the awarding of contracts by defense agencies. Part E: Alternative Management Systems for Scientific, Technical, and Acquisition Personnel - Authorizes the Secretary of Defense, with the approval of the Director of OPM, to establish an alternative personnel management system aimed toward improving the performance quality of scientific, technical, and acquisition employees of DOD. Directs the Secretary to prescribe regulations for the operation of each such system. Outlines provisions to be included as part of such regulations. Requires members of the Defense Senior Scientific, Technical, and Acquisition Personnel Service to be provided benefits comparable to members and appointees of the Senior Executive Service for certain specified benefits and expenses. Authorizes the Secretary concerned to designate the scientific and technical positions, the acquisition positions, and other positions held by DOD employees to be covered by an alternative personnel management system (APMS). Requires the number of positions so designated to be prescribed by the Secretary of Defense. Authorizes the Secretary to designate certain positions as positions which require specially qualified scientific and technical employees, specially qualified acquisition employees, or other specially qualified employees, including managerial and supervisory positions. Limits the number of positions so designated. Outlines provisions concerning: (1) qualifications and probationary employment requirements for employees designated for APMS employment; and (2) the rate of basic pay to be provided to such employees (setting the maximum rate of such pay at level IV of the Executive Schedule). Requires the Director of OPM to review and monitor each APMS to ensure their compliance with all applicable laws. Outlines certain transition provisions for those employees converting to an APMS position. Directs the Under Secretary of Defense for Acquisition to make regular reports to the Secretary of Defense concerning the professional competence levels of: (1) the scientific and technical work force of DOD; and (2) the acquisition work force of DOD. Directs the Under Secretary to advise the Secretary as to professional training needs of acquisition personnel of DOD, and directs the Secretary to establish and implement such program. Makes conforming amendments as required by the implementation of the APMS. Terminates each APMS as of September 30, 1991, unless previously supplanted by law by other such systems. Requires the Secretary of Defense and the Director of OPM, no later than October 1, 1987, to jointly submit to the Congress a plan for the conversion of positions included in an APMS to another appropriate personnel management system in the event of termination of the APMS. Part F: Miscellaneous Procurement Policy Matters - Directs the head of a defense agency to require any contractor submitting a bid or proposal in response to a defense contract solicitation to include in such bid or proposal whether, and to what extent, all or any part of such firm is owned or controlled by a foreign government or an agent or instrumentality of a foreign government. Prohibits the head of certain defense agencies from extending a defense contract in excess of $100,000 with any contractor owned or controlled, in whole or in significant part, by a foreign government or agent or instrumentality of a foreign government if the head of such agency determines that such contract is inconsistent with the foreign policy or national security objectives of the United States. Requires the head of the agency to report to the Congress regarding the determination to deny a contract award, modification, or extension under this provision. Requires more stringent reporting requirements when the head of an agency decides in favor of awarding, extending, or modifying a contract with a foreign government (or agent or instrumentality) that the Secretary of State has determined to have provided support for acts of international terrorism. Requires the Secretary of Defense to prescribe regulations to carry out such provisions. Title X: Department of Defense Efficiency and Economy Matters - Department of Defense Efficiency and Economy Act of 1986 - Amends the Service Contract Act of 1965 to make the provisions of such Act applicable to DOD contracts: (1) in excess of $1,000,000; and (2) the principal purpose of which is to furnish services; and (3) determined by the Secretary concerned to offer less than the prevailing wages and fringe benefits in the locality in which the work is to be performed. Requires the Secretary of Defense to make minimum wage and fringe benefit determinations with respect to a service contract under which more than 25 service employees are to be employed. Amends the Davis-Bacon Act to make the provisions of such Act applicable to all DOD contracts in excess of $250,000. Makes the Service Contract of 1965 inapplicable to certain mariner service contracts. Amends the Department of Defense Authorization Act of 1981 to change from 40 or fewer to 50 or fewer the number of DOD employees performing an industrial-type function of DOD which is permitted to be contracted-out for private performance (that is, if 50 or fewer employees are performing such function for DOD, such function can be contracted-out for performance instead by a private contractor). Authorizes the contracting-out for the private performance of certain DOD functions (other than military functions) if a private-sector source can provide such supply or service at a lower cost than DOD can provide such supply or service. Excepts certain DOD functions from such contracting-out authority. Requires the Secretary of Defense and the Administrator of the United States Fire Administration to each submit to the Senate and House Armed Services Committees a report on the contracting out of firefighting functions, including specified information in such reports. Requires fair and realistic cost-comparison determinations to be ensured by the Secretary when determining whether to contract-out with private sources for the performance of any DOD function. Title XI: National Defense Stockpile - Extends until April 1, 1987, the prohibition of reductions in stockpile goals of the National Defense Stockpile (NDS), as contained in the Department of Defense Authorization Act, 1986. Authorizes the Administrator of General Services to dispose of specified quantities of materials currently held in the NDS that are determined to be in excess of current stockpile requirements. Authorizes appropriations for FY 1987 for the acquisition of strategic and critical materials for the NDS. Directs the Administrator to acquire a specified amount of germanium during FY 1987. Extends the uses of the National Defense Stockpile Transaction Fund for specified purposes. Title XII: General Provisions - Authorizes additional appropriations for FY 1987 for unbudgeted fuel costs, costs associated with inflation, and pay and retirement benefits increases for DOD civilian employees. Amends the Department of Defense Authorization Act, 1986 to change the three yearly dates for the reporting of unobligated balances to the Congress. Revises provisions relating to selected acquisition reports to include as a "major contract" any associate contract under a defense contract that is in excess of $40,000,000 (currently $2,000,000). Excuses the need for a status report for a defense program when there is less than ten percent change in the program cost (currently less than five percent), or less than a six-month delay in the completion of the program (currently less than a three-month delay). Revises provisions concerning the content of Selected Acquisition Reports submitted to the Congress. Further amends the Department of Defense Authorization Act, 1986 to exempt specified personnel under the purview of the Director of Central Intelligence from being required to take counterintelligence polygraph examinations authorized under such Act for military and civilian personnel of DOD. Directs the Secretary of Defense to require that all alcoholic beverages procured by DOD for resale on any U.S. military installation shall be procured in the most economic and efficient manner possible, without regard to where the procurement is made. Authorizes the President to transfer to certain NATO member nations on the southern flank of NATO defense equipment necessary to help modernize the defense capabilities of such nations, such transfer to be free of cost to such nations. Sets limitations on such transfers and requires the President to notify certain congressional committees at least 30 days in advance of any such transfer. Authorizes the Secretary of Defense to enter into bilateral or multilateral Weapon System Partnership Agreements with one or more NATO member nations for the purpose of providing logistics support for the armed forces of the countries which are parties to the agreement. Outlines authority limits and sets forth administrative provisions concerning such agreements. Amends the Arms Export Control Act to authorize the President to enter into a cooperative project agreement with any friendly foreign country not a member of NATO under the same general terms and conditions as the Partnership Agreements, above, if determined to be in the foreign policy or national security interests of the United States. Amends Federal armed forces provisions to authorize the Secretary of Defense to acquire logistic support, supplies, and services from certain NATO and non-NATO nations for the use of U.S. armed forces deployed outside the United States. Authorizes the Secretary to enter into reciprocal support agreements with any nation receiving logistical support and services from the United States for the reciprocal logistical support and services of U.S. armed forces stationed there. Outlines administrative provisions concerning methods of payments and accounting procedures under such agreements (also called cross-servicing agreements). Urges and requests the President and the Secretary of Defense to diligently pursue opportunities for the United States and our major non-NATO allies to cooperate in: (1) research and development on defense equipment and munitions; and (2) the production of defense equipment. Earmarks specified funds for such projects, and outlines certain project restrictions. Requires the Secretary of Defense and the Secretary of State, no later than January 1, of each year, to report to the Congress those countries eligible for participation in such cooperative research and development projects. Expresses the sense of the Senate that: (1) the United States should comply with all numerical weapons limitations contained in the SALT II Treaty, as long as the Soviet Union so complies; and (2) it is not in the national interest of the United States to continue compliance with any strategic arms agreement that the Soviet Union has clearly violated. Prohibits any authorized funds from being obligated or expended to establish or operate a Federally Funded Research and Development Center for the support of the Strategic Defense Initiative Organization until the Congress has received a report from the Secretary of Defense concerning such entity, and 30 days have elapsed since the receipt of such report. Outlines information to be included in the Secretary's report. Increases the maximum funding permitted for the Special Defense Acquisition Fund. Extends through FY 1987 the authority of the Secretary of Defense to transport humanitarian relief supplies to certain countries. Amends Federal armed forces provisions to authorize the Secretary of a military department to carry out humanitarian and civic assistance activities in conjunction with authorized U.S. military operations in countries in which the Secretary makes favorable determinations concerning national security interests and operational readiness skills. Requires the Secretary of State to specifically approve any such assistance before it is provided. Provides for payment for such assistance. Requires the Secretary of Defense, no later than March 1 annually, to report to the Congress on all such assistance activities carried out during the preceding fiscal year. Authorizes the Secretary of Defense, after consultation with the Secretary of State, to pay the incremental expenses of a developing foreign country incurred by that country as a direct result of participation in a bilateral or multilateral military exercise if: (1) the exercise is undertaken primarily to enhance the security interests of the United States; and (2) the Secretary makes certain determinations relating to the participation of, and expenses incurred by, such foreign country. Directs the Secretary, no later than March 1 annually, to provide the Congress with a list of participating countries and incremental expenses paid by the United States during the preceding year. Authorizes the Secretary of Defense to pay the travel, subsistence, and similar personal expenses of defense personnel of developing countries attending bilateral or regional conferences, seminars, etc. if the Secretary determines that such attendance is in the national security interests of the United States. Directs the National Drug Enforcement Policy Board to report to the Senate and House Armed Services Committees on the manner and the extent to which DOD should be involved in U.S. drug enforcement activities. Requires such report no later than December 1, 1986. Directs the Secretary of Defense to instruct all appropriate DOD officials that all credible intelligence concerning potential terrorist threats is promptly and expeditiously reported to the appropriate headquarters or office of DOD. Directs the Secretary not to issue such instruction: (1) if the Secretary determines such instruction to be inappropriate or unwise; and (2) if the Congress is notified of the Secretary's determination before March 1, 1987. Division B: Military Construction - Military Construction Authorization Act, 1987 - Title I: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary of the Army to: (1) carry out a specified military housing unit improvement project in Yongsan, Korea; (2) carry out certain construction projects at Fort Drum, New York; and (3) use limited FY 1987 funds for local community planning assistance activities near Fort Drum, New York, and Fort Wainwright, Alaska. Directs the Secretary of the Army to transfer funds to the Administrator of the Environmental Protection Agency for the clean-up of contaminated drinking water supplies in Adams County, Colorado, near the Rocky Mountain Arsenal. Requires such funds to be repaid as specified. Directs the Secretary to commence response actions with respect to hazardous substances affecting such water supplies, using Department of Defense Environmental Restoration Program funds. Authorizes appropriations for the Army for fiscal years after FY 1987 for specified military construction, land acquisition, and military family housing functions of the Department of the Army. Authorizes the use of certain unobligated funds for energy conservation projects for military family housing of the Army. Limits the total cost of all such projects to the amounts authorized in this Act. Extends the authorization of appropriations for certain specified FY 1984 and 1985 military construction projects. Title II: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations for the Navy for fiscal years after FY 1987 for specified military construction, land acquisition, and military family housing functions of the Department of the Navy. Limits the total cost of all such projects to the amounts authorized in this Act. Extends the authorization of appropriations for certain specified FY 1984 military construction projects. Title III: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military housing units and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations for the Air Force for fiscal years after FY 1987 for specified military construction, land acquisition, and military family housing functions of the Department of the Air Force. Authorizes the use of certain unobligated funds for energy conservation projects for military family housing of the Air Force. Limits the total cost of all such projects to the amounts authorized in this Act. Extends the authorization of appropriations for certain specified military construction projects. Title IV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to acquire real property and carry out military construction projects not otherwise authorized by law for the construction of hazardous waste storage facilities. Authorizes the Secretary to construct or acquire three military family housing units in a specified amount at classified locations. Repeals a specified provision of the Military Construction Authorization Act, 1985 which authorizes the Secretary of the Army to contract for the design of replacement facilities for the Brooke Army Medical Center in San Antonio, Texas. Prohibits any funds authorized to be appropriated in this or any other Act from being used for designing an administrative complex at the Pentagon Reservation, Arlington, Virginia. Authorizes appropriations for the Department of Defense for fiscal years after FY 1987 for specified military construction, land acquisition, and military family housing functions of the Department of Defense. Limits the total cost of all such projects to the amounts authorized in this Act. Extends the authorization of appropriations for certain specified projects. Title V: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure program. Authorizes appropriations for such purpose. Title VI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after FY 1986 for the costs of acquisition, architectural and engineering services, and construction of facilities for the guard and reserve forces. Title VII: General Provisions - Part A: Expiration of Authorizations and Amounts Required to be Specified by Law - States that all authorizations made under this Act shall expire at the end of FY 1987 or on the date of enactment of the Military Construction Authorization Act for FY 1989, whichever is later, with specified exceptions. Establishes maximum amounts of certain expenditures, including an unspecified minor military construction project, architectural and engineering design services, and per-unit improvement and rental costs for military family housing. Part B: Military Construction Program Provisions - Amends Federal law relating to military construction and family housing to revise provisions concerning authorized minor construction. Authorizes the Secretary of the military department concerned to carry out certain minor construction projects using operation and maintenance funds. Authorizes the Secretary concerned to carry out real property transactions (involving the sale, acquisition, and replacement of real property) in order to continue defense functions on such property. Prohibits the Secretary concerned from carrying out such a transaction whose value exceeds $20,000,000, unless such transaction is specifically authorized by law. Requires, in the case of a transaction for $20,000,000 or less, 21 days to have passed after the Secretary concerned has reported to specified congressional committees in order for such a transaction to be valid. Outlines administrative provisions concerning such real property transactions. Establishes in the Treasury the Department of Defense Facilities Replacement Management Account to be used for expenses and collections relating to such transactions. Authorizes the Secretary of the military department concerned to carry out certain renovation projects using operation and maintenance funds. Directs the Secretary of Defense, at the same time of the annual request for the military construction authorization for FY 1988, to include in such request master plans and a request for authorization for at least two military installations in each military department. Amends Federal armed forces provisions to add specified services to those services authorized to be contracted out for by the Secretary concerned for military installations, provided the contracting-out of such services is more economically feasible under long-term service contracts than by conventional means. Authorizes the Secretary concerned to obtain architectural and engineering services and carry out military construction design in any fiscal year with any available funds. Increases the square-feet space limitations authorized for the construction of military family housing for officers, such limitations varying depending upon the officer's pay grade. Authorizes the Secretary of Defense to carry out military construction projects not otherwise authorized by law for the construction of hazardous waste storage facilities. Requires the Secretary, before carrying out any such project, to comply with certain congressional notice-and-wait requirements. Authorizes the increase by up to 25 percent of the estimated cost of any such project if the Secretary makes certain findings. Prohibits the commencement of any such project after September 30, 1991. Authorizes the Secretary concerned to contract to provide for the rental of a child care center, civic center building, or similar structures constructed for the support of military family housing. Extends until September 30, 1990, the authority to enter into such agreements. Extends from 15 to 25 years the possible length of such agreements. Increases from 600 to 3,600 the number of military family housing units authorized to be leased by the Secretary of a military department. Extends through September 30, 1988, the authority to enter into such leases. Authorizes the Secretary concerned to contract for the lease of a child care center, civic center building, or a similar structure constructed for the support of military family housing. Increases from 200 to 220 the number of leased military family housing units exempted from the limits placed on foreign military family housing units. Part C: Miscellaneous Provisions - Prohibits the Secretary of a military department from converting a heating facility at any U.S. military installation in Europe from a coal-fired facility to a facility of any other energy source, unless certain conditions have been met. Directs the Secretary of Defense to provide for the use of U.S.-produced coal to operate such facilities. Directs the Secretary, on March 1 of each year, to report to the Congress on actions taken by the Secretary concerning such heating facilities. Repeals specified provisions of the Department of Defense Appropriations Act, 1986 concerning the use of appropriated funds for the conversion of such facilities. Directs the President to establish the Blue Ribbon Task Group on Military Base Closures (Task Group), whose function shall be to study and evaluate military installations to determine whether such installations should be closed. Requires the Task Group to report to the President, no later than July 31, 1987, on recommended base closures. Terminates the Task Group 90 days after the report is submitted. Authorizes appropriations for FY 1986 and 1987 for use by the Task Group. Authorizes the Secretary of the Navy to enter into leases for the development of real property located within the Broadway Complex of the Department of the Navy, San Diego, California. Requires the use of competitive bidding in the awarding of such contracts. Outlines terms and a specified precondition to such contracts requiring a showing of economic advantage to the United States followed by a congressional notice-and-wait requirement. Directs the Secretary of the Air Force to consider appropriate sites in San Pedro, California, for the location and construction of certain military family housing units. Outlines conditions for such site selection, including the filing of environmental impact statements for sites determined to be appropriate. Provides for the exercise of certain reversionary rights concerning the land selected for such site. Authorizes the Secretary of the Navy to grant to Orange County, California, one or more easements through the Marine Corps Air Station, El Toro, California, for street, sidewalk, and related purposes. Requires the Secretary to replace all family housing units demolished as the result of the granting of any such easement. Outlines easement terms and limits funding for housing replacement facilities. Repeals provisions of Federal law requiring the assignment of suitable space for postal purposes at each Army and Air Force base where there exists a post office. Part D: Real Property Transactions - Authorizes the Secretary of the Army to convey to the State of Arizona all right, title, and interest to a specified portion of Fort Huachuca, Arizona. Outlines terms and conditions. Authorizes the Secretary to sell an additional portion of Fort Huachuca under specified conditions. Authorizes the Secretary of the Air Force to sell a specified portion of March Air Force Base, California. Outlines terms and conditions for such sale, and requires the Secretary to comply with certain congressional notice-and-wait requirements before entering into a contract for such sale. Authorizes the Secretary of the Navy to exchange a specified portion of the Long Beach Naval Station, California, to the city of Long Beach, California, in exchange for certain other property located in Long Beach. Authorizes the Secretary of the Army to sell or exchange a certain portion of land within the Whittier Narrows Flood Control Basin in Los Angeles County, California. Outlines terms and conditions and describes the land to be sold or exchanged. Authorizes the Secretary of the Army to convey specified parcels of land in New Mexico to: (1) the State of New Mexico; and (2) the New Mexico State Armory Board, under specified conditions. Division C: Department of Energy National Security and Military Applications of Nuclear Energy Authorization - National Security Program Authorization Act for Fiscal Year 1987 - Title I: National Security Programs - Authorizes appropriations for the Department of Energy (DOE) for FY 1987 for plant and capital equipment and operating expenses in carrying out national security programs in the following areas: (1) weapons activities; (2) materials production; (3) defense waste and byproducts management; (4) verification and control technology; (5) nuclear safeguards and security; (6) security investigations; and (7) naval reactors development. Limits the total amount authorized to be appropriated to DOE in this Act for national security programs. Requires the Secretary of Energy to reduce the amounts of the above projects in order to achieve a specified reduction. Limits to a specified sum the amount of appropriated funds available for the Strategic Defense Initiative (SDI) program. Earmarks certain funds for research on conventional munitions. Title II: General Provisions - Part A: Recurring General Provisions - Prohibits the use of funds authorized under this Act where the costs of the program exceed 105 percent of the program authorization or the costs exceed by more than $10,000,000 the amount authorized by this Act, whichever is the lesser. Prohibits the use of funds for any program which has not been presented to or requested of the Congress, unless the Secretary of Energy transmits to the appropriate committees a full and complete statement of the action proposed and 30 days have passed since receipt of such statement. Limits the funds available for general plant construction projects under this Act. Requires the Secretary to report to the Congress if the revised cost of any such project exceeds $1,200,000. Provides that when the cost of any project in support of national security programs under this or any previous Act exceeds by more than 25 percent the authorized amount or the total estimated cost of such project, construction may not begin on such project until 30 days have passed since the Secretary has provided the appropriate committees of the Congress a full and complete statement concerning such cost increase. Exempts from such requirement those projects having a current estimated cost of less than $5,000,000. Authorizes the transfer of funds between agencies for the performance of similar functions. Authorizes the Secretary, in appropriate cases, to perform construction planning and design using funds available for any DOE national security program construction project. Allows funds available for management and support activities and for general plant projects to be made available in connection with all DOE national security programs. Authorizes funds appropriated for operating expenses or for plant and capital equipment to remain available until expended. Part B: Miscellaneous Provision - Prohibits funds appropriated in this or any other Act from being used for the payment of any fines or penalties for any failure by DOE to comply with any environmental requirement in connection with any defense activity or defense-related facility in excess of amounts specifically appropriated to DOE to comply with such requirements. Amends general military law to establish in the Department of Defense a Nuclear Weapons Council (the Council). Outlines responsibilities of the Council relating to the design, research, and development of nuclear weapons. Directs the Council, no later than March 1, 1987, to report to the Senate and House Committees on Armed Services and on Appropriations on actions taken by the Department of Defense and DOE to implement the recommendations of the President's Blue Ribbon Task Group on Nuclear Weapons Program Management. Requires the Chairman of the Joint Chief of Staff (JCS) to serve on the Council if there is no Vice Chairman of JCS to so serve. Directs the Secretary of Energy to report to the Senate and House Armed Services Committees concerning the construction of containment facilities for nuclear reactors of DOE. Division D: Civil Defense - Authorizes appropriations for FY 1987 to carry out the Federal Civil Defense Act of 1950.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

4 official files

• Public Law (PDF)

  Public Law · EN · 15 November 1986

  ViewDownloadOpen at official source

• Conference report filed in House

  summary · EN · 14 October 1986

  Open at official source

• Passed Senate amended

  summary · EN · 9 August 1986

  Open at official source

• Introduced in Senate

  summary · EN · 8 July 1986

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.