H.R. 4428 (99th): National Defense Authorization Act for Fiscal Year 1987

Introduced:
Mar 18, 1986 (99th Congress, 1985–1986)
Status:
Died (Passed House)
See Instead:

S. 2638 (same title)
Signed by the President — Nov 14, 1986

Sponsor
Leslie Aspin
Representative for Wisconsin's 1st congressional district
Party
Democrat
Related Bills
S. 2199 (identical)

Reported by Committee
Last Action: Jun 25, 1986

S. 2638 (Related)
National Defense Authorization Act for Fiscal Year 1987

Signed by the President
Nov 14, 1986

 
Status

This bill was introduced in a previous session of Congress and was passed by the House on August 15, 1986 but was never passed by the Senate.

Progress
Introduced Mar 18, 1986
Referred to Committee Mar 18, 1986
Reported by Committee Jul 24, 1986
Passed House Aug 15, 1986
 
Full Title

A bill to authorize appropriations for fiscal year 1987 for the Armed Forces for procurement, for research, development, test, and evaluation, for operation and maintenance, and for working capital funds, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

Summary

No summaries available.

Cosponsors
1 cosponsors (1R) (show)
Committees

House Armed Services

Readiness

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


8/15/1986--Passed House amended.
(Measure passed House, amended, roll call #358 (255-152)) National Defense Authorization Act for Fiscal Year 1987 -
Division A - Department of Defense Authorization
Department of Defense Authorization Act, 1987 -
Title I - Procurement
Part A - Funding Authorizations
Authorizes appropriations for FY 1987 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
Limits the obligation of funds for certain procurement within the Army and Air Force. Authorizes limited appropriations for FY 1987 for the defense agencies.
Limits the amount of funds available for FY 1987 for the procurement of equipment for the National Guard and reserves.
Authorizes appropriations for FY 1987 for the chemical demilitarization program.
Earmarks certain funds remaining from FY 1985 Air Force procurement funds to be administered as a Strategic Bomber Contingency Fund, outlining the uses for such funds.
Directs the Secretary of Defense, on February 1, 1987, and March 1, 1987, respectively, to report to the Senate and House Armed Services Committees concerning:
(1) the Advanced Technology Bomber program; and
(2) the use of funds in the Strategic Bomber Contingency Fund. Limits the obligation or expenditure of funds for the assembly or integration of B-1 aircraft to no more than 100 of such aircraft, requiring specified congressional notice of such expenditures as contained in the Department of Defense Authorization Act, 1985.
Limits to FY 1986 levels the amount authorized for FY 1987 for the Advanced Technology Bomber program, unless certain conditions are met.
Requires competitive alternative sources for systems under such program, unless specifically waived by the Secretary for specified reasons.
Directs the Secretary to conduct a detailed financial analysis on the projected procurement cost of 132 advanced technology bomber aircraft, to be used by the President to certify to the Congress their projected cost.
Directs the Secretary, no more than 60 days after the enactment of the Department of Defense Appropriation Act for fiscal year 1987, to report to the Congress the results of such study.
Requires a copy of such report to be transmitted to the Comptroller General, together with any required additional data and information.
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 Army to enter into multiyear contracts for the Patriot and Stinger Missile systems.
Prohibits the Secretaries of the Army, Navy, and Air Force from entering into multiyear contracts for the procurement of certain other specified programs.
Authorizes the Secretary of a military department, during FY 1987, to enter into a multiyear contract with respect to the procurement of a program only if certain conditions are met.
Limits the authority of the Secretary of Defense in procuring depleted uranium penetrators.
Directs the Secretary of the Air Force, within 180 days after the enactment of this Act, to commence procurement of new flight inspection aircraft, following certain specifications and under competitive procedures.
Authorizes the Secretary of the Air Force to award a multiyear contract for the purchase of Air Defense Aircraft without prior notice to the Congress, if certain conditions are met.
Part B - Program Limitations
Directs the Secretary of Defense to carry out live-fire testing of the Bradley Fighting Vehicle (BFV), and to develop a plan for testing and evaluating proposed survivability enhancements for the BFV. Requires the Secretary, after developing such plan, to make certain certification to the Congress concerning the live-fire testing of the BFV. Directs the Comptroller General to undertake certain review and oversight functions in connection with the BFV, and requires the Comptroller General and the Secretary to each report to the Congress concerning the results and review of the live-fire testing of the BFV. Places certain procurement conditions or obligation limitations for FY 1987 on the following weapons or programs:
(1) the 120-millimeter mortar program;
(2) the Copperhead Projectile program;
(3) the Army's procurement of motorcycles; and
(4) air-to-air Stinger missiles.
Directs the Secretary of the Army to acquire and validate the technical data package for the Heavy Expanded Mobility Tactical Truck (HEMTT). Outlines considerations relating to the continued production of HEMTT's. Places FY 1987 obligation limitations on the:
(1) AT-4 lightweight multipurpose system/M72E4 light antiarmor weapon; and
(2) Bigeye Bomb program.
Requires the Comptroller General to report to the Congress on the testing of the Bigeye Bomb. Directs the Secretary of Defense, before the date on which the President's budget for FY 1988 is submitted to the Congress, to report to the Congress on the military requirements for long-range stand-off chemical weapons.
Repeals certain limitations concerning the DDG-51 destroyer program, as contained in the Department of Defense Authorization Act, 1985.
Directs the Secretary of the Navy to plan for the installation of a specified system for such vessels.
Further directs the Secretary to maintain in an operational status the Basic Point Defense Missile System on certain amphibious vessels until such system can be replaced.
Places certain restrictions or limitations on the FY 1987 procurement by the Navy of the following aircraft:
(1) the SH-2F aircraft; and
(2) the P-36 aircraft.
Places certain restrictions or limitations on the FY 1987 procurement by the Air Force of the following aircraft, weapons, and programs:
(1) the F-15E fighter program;
(2) the advanced cruise missile;
(3) the C-17 aircraft program;
(4) the advanced medium-range air-to-air missile program (AMRAAM);
(5) the T-46A trainer aircraft program;
(6) the F-16 aircraft program; and
(7) T-9 noise suppressor systems.
Title II - Research, Development, Test, and Evaluation
Authorizes appropriations for FY 1987 for the armed forces and the defense agencies for research, development, test, and evaluation.
Authorizes appropriations for FY 1987 for unbudgeted amounts for salary, pay, retirement, and other employee benefits for civilian employees of the Department of Defense (DOD). Authorizes appropriations for FY 1987 for foreign currency purchases.
Prohibits product improvement or modifications to the Copperhead Guided Projectile until certain reports and certifications concerning such missile are submitted to the Senate and House Armed Services Committees. Earmarks specified FY 1987 Navy procurement funds for the V-22 Osprey aircraft.
Prohibits the obligation of more than half of such funding until a certification concerning such aircraft has been received by the Senate and House Armed Services Committees. Earmarks specified FY 1987 Navy procurement funds for the standoff attack missile, with congressional-notice limitations.
Prohibits the use of FY 1987-appropriated funds for research, development, test, and evaluation in connection with the following programs, until specified conditions are met:
(1) the inter-cooled recouperated cycle gas turbine populsion system;
(2) the rankine cycle energy recovery (RACER) system;
(3) funds for Libyan lessons-learned equipment modification; and
(4) the 5-inch rolling airframe missile.
Prohibits the use of any funds for research, development, test, and evaluation of the Marine Corps Marine Integrated Fire and Air Support system.
Earmarks specified FY 1987 research, development, test and evaluation funds for the following:
(1) the Marine Corps Pegasus engine;
(2) the avionics rack system;
(3) the low-cost seeker missile program;
(4) either (but not both) the Advanced Cruise Missile or the Short-Range Attack Missile II system;
(5) AMRAAM;
(6) the Space Defense system;
(7) the low-cost seeker missile;
(8) the medical application of free-electron lasers;
(9) certain electronic warfare systems under the control of the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence; and
(10) laser pantography.
Declares that the Congress commences a program of Conventional Defense Initiatives to provide an emphasis on improving the conventional weapons of the armed forces and to enhance such cooperation with other NATO members.
Earmarks appropriated funds for such program.
Earmarks specified funds for the Strategic Defense Initiative (SDI) program.
Requires the Secretary of Defense to provide that the Strategic Defense Initiative Organization (SDIO) shall carry out a specified research, development, and test program.
Earmarks funds from the SDI program for such purpose.
Prohibits the Secretary from deploying more than ten MX missiles until certain specified conditions are met.
Repeals a prior MX missile limitation as contained in the Department of Defense Authorization Act, 1984.
Directs the Secretary, in cooperation with the Administrator of Veterans Affairs, to establish a cooperative medical research program to be administered by the Secretary and the Administrator. Provides funding and an establishment deadline for such program.
Prohibits the use of any DOD funds for research, development, test, and evaluation in connection with the High-Speed Anti-Radiation Missile (HARM) until the Secretary certifies certain findings to the Senate and House Armed Services Committees. Amends Federal armed forces provisions to establish the position of Assistant Secretary of Defense for Operational Test and Evaluation. Provides a staff for such Assistant Secretary. Amends Federal miscellaneous research and development provisions to require the Secretary of Defense to prohibit entering into a contract for the production of a covered major defense system or major munitions or missile program until live-fire testing of such system or program has been completed.
Establishes in DOD a Director of Live-Fire Testing to carry out specified review and oversight functions related to such live-fire testing.
Requires the Secretary of each military department to conduct the live-fire testing required within their department, while submitting the schedule, proposed funding, description, and results of such testing to the Director after each testing.
Authorizes the Director to conduct an independent live-fire testing if it is determined that a prior testing was in some way inadequate.
Authorizes the use of surrogate models, foreign rounds, or targets in appropriate cases.
Requires the Director of Live-Fire Testing to submit a report to the Director of Defense Research and Engineering on the results of a system's or program's live-fire test before production of that system or program may begin.
Requires the defense committees to receive a report on the testing of each covered major system or program.
Authorizes the waiver of all such live-fire testing requirements when the Secretary of Defense makes an appropriate certification to the Congress. Directs the Secretary of the military department concerned to conduct an independent test and evaluation with respect to a major defense acquisition program under which there is to be acquired a major conventional weapons system that is designed for use in combat.
Requires such independent test and evaluation before production of such program may proceed.
Requires side-by-side testing to be included as part of the independent test and evaluation.
Directs the Assistant Secretary for Operational Test and Evaluation to analyze the results of each such test and evaluation, and report to the Secretary of Defense concerning such analysis.
Requires each such report to also be submitted to the defense committees.
Prohibits the operational testing of a major defense acquisition program until the Assistant Secretary approves such test plans.
Requires a 15-day waiting period after defense committee notification before DOD may fully proceed with a major defense acquisition program.
Authorizes the waiver of any of the above provisions by the President in time of war or mobilization.
Changes the annual reporting dates of the Director of Operational Test and Evaluation to the Secretary of Defense and the Congress concerning operational test and evaluation activities during the preceding year.
Places, until October 1, 1987, a moratorium on the testing by the Secretary of the Space Defense System (anti-satellite weapons).
Title III - Operation and Maintenance
Authorizes appropriations for FY 1987 for operation and maintenance of the armed forces, the defense agencies, the reserves and the National Guard, the National Board for the Promotion of Rifle Practice, the Military Health Care Account, defense claims, the Court of Military Appeals, Foreign Currency Fluctuations, Defense, and for Environmental Restoration, Defense. Authorizes additional appropriations for FY 1987 for unbudgeted increases in fuel costs, as a result of inflation, and salary, pay, and other employee benefits for civilian DOD employees.
Authorizes appropriations for FY 1987 for working capital funds for the armed forces and the defense agencies.
Authorizes appropriations for FY 1987 for assistance to the Tenth International Pan American Games. Places certain prohibitions on the management of civilian DOD employees and on employees indirectly funded by the Government. Requires certain information concerning defense contract personnel to be included in annual DOD budget justification documents.
Authorizes the Secretary to procure certain bakery and dairy products outside the United States. Defines the merchandise that may be sold at commissary stores.
Places certain limitations on the release of sales information of such stores.
Requires that the purchase for resale on a military installation of alcoholic beverages be:
(1) competitively procured; and
(2) made from the same State in which the installation is located.
Repeals a provision of the Department of Defense Appropriations Act, 1986 limiting FY 1986 funding for certain DOD projects.
Authorizes the Secretary of Defense to accept gifts for the benefit of DOD's dependent education system.
Establishes in the Treasury for such purpose the Department of Defense Dependents' Education Gift Fund. Authorizes the Secretary concerned to carry out renovation projects for single-purpose and multipurpose facilities, using operation and maintenance funds.
Prohibits purchase by the Secretary of Defense of petroleum products of companies buying from or producing oil in Angola. Prohibits the Secretary of Defense and the Secretary of the Army from contracting out for the performance of certain employee functions at specified ammunition plants, with an exception.
Extends through FY 1987 the authorization for:
(1) humanitarian relief assistance to Afghan refugees under the Department of Defense Authorization Act, 1986; and
(2) the transportation worldwide of humanitarian relief supplies.
Authorizes the transfer, to the Secretary of State or to an appropriate DOD component, of excess nonlethal supplies for humanitarian relief distribution.
Authorizes the Secretary of the Army to provide personnel services for rifle instruction in concert with the National Board for the Promotion of Rifle Practice.
Title IV - Military Personnel Authorizations
Authorizes end strengths for FY 1987 for the armed forces and the Selected Reserves. Authorizes appropriate adjustments to the Selected Reserve end strengths. Authorizes FY 1987 end strengths, with an allowable two percent increase, for reserve forces assigned to active duty in support of the reserve components. Authorizes the average military training student loads for FY 1987, with appropriate adjustments.
Title V - Defense Personnel Policy
Part A - Active Forces
Repeals the requirement of 12 weeks of basic training before a member can be assigned a position outside the United States, instead requiring only that the member complete basic training or its equivalent.
Authorizes, with certain exceptions, the wearing of religions apparel while wearing a uniform of the armed forces.
Requires the Secretary concerned, within 120 days after enactment of this Act, to prescribe regulations relating to the wearing of such apparel.
Authorizes the Secretary concerned to prohibit State or local jury duty for active-duty members of their military departments in certain circumstances.
Extends through FY 1987 the authority for the spot promotions of Navy lieutenants.
Repeals a provision of the Department of Defense Authorization Act, 1985 requiring that a certain percentage of the FY 1987 Air Force enlistments be women.
Requires, for FY 1988, that 22 percent of such enlistments must be women.
Exempts faculty physicians at the Uniformed Services University of the Health Sciences from any reductions in retired pay.
Part B - Reserve Forces
Increases from 100,000 to 200,000 the number of Selected Reserve members authorized to be called to active-duty by the President. Revises Federal provisions relating to the provision of medical and dental care to armed forces members to make eligible for such care those who are injured or become ill while performing or travelling to or from the performance of inactive-duty training.
Similarly amends pay and allowances provisions for disabled members to provide active-duty pay and allowances for reserve members called to active-duty for a period of more than 30 days and becoming physically disabled in the line of duty.
Further revises such pay and allowances provisions.
Provides inactive-duty training pay for certain instruction which a member is unable to perform due to disability resulting from an injury or illness incurred or aggravated:
(1) in the line of duty while performing active-duty for a period of 30 days or less, or inactive-duty training; or
(2) while traveling directly to or from that duty or training.
Amends Federal death benefit provisions to direct the Secretary concerned to pay a death gratuity to the survivors of a person who dies within 120 days after discharge or release from active-duty or inactive-duty training.
Allows such payments only if the Administrator of Veterans Affairs determines that such death resulted from an injury or disease incurred or aggravated during such duty or training or while traveling to or from such duty or training.
Title VI - Compensation and Other Personnel Benefits
Part A - Pay and Allowances
Prohibits any compensation adjustments to military pay for FY 1987. Amends Federal armed forces pay and allowances provisions to allow aviation officers to receive both continuation pay and hazardous duty incentive pay (currently, the payment of one pay offsets payment of the other). Authorizes one month's advanced payment for Senior Reserve Officers Training Corps (ROTC) members assigned to field training.
Part B - Travel and Transportation
Redefines "change of permanent station" for purposes of the transportation of motor vehicles of members making permanent changes of station.
Revises provisions concerning the payment of travel and transportation allowances to military members by the Secretary concerned in amounts as established by all the Secretaries concerned.
Authorizes an additional per diem allowance for certain dependents also receiving a transportation allowance.
Modifies provisions relating to the family separation allowance to deny such allowance to members who are authorized to have their families transported to their duty stations to join them, but choose not to do so.
Authorizes the payment of a travel and transportation allowance to military members who must escort certain dependents due to a dependent's age, mental or physical incapacity, or certain other circumstances.
Requires, whenever possible, the use of the Military Airlift Command or the Military Sealift Command for such purpose.
Part C - Benefits for Survivors and Former Spouses
Authorizes a court to require a person to elect to provide an annuity to a former spouse (or to a former spouse and child) under a Survivor Benefit Plan (SBP). Reduces from 60 to 55 the age at which a former spouse's remarriage will terminate his or her SBP benefits.
Revises the definition of disposable retired pay for purposes of court-ordered payment of retired or retainer pay.
Revises certain dates relating to the open period for revision of a person's election for annuity coverage.
Amends the DOD Authorization Act, 1985 to extend to a conditional date the provision of medical benefits for certain former spouses of armed forces members.
Part D - Educational Assistance Program
Authorizes the payment by the Secretary of the Army of not more than 75 percent of tuition costs of officers in the Army Reserve or the Selected Reserve of the Army National Guard, upon a specified condition. Limits the amount available for FY 1987 for such tuition assistance.
Part E - Cost Reductions
Limits the amounts to be available for FY 1987 for the following: (1) permanent change-of-station moves; (2) the selective reenlistment bonus; (3) Navy and Air Force enlistment bonuses; and (4) reserve unit and individual training. Specifies a certain enlisted-members-to-officers ratio for FY 1987.
Title VII - Uniform Code of 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.
Increases court-martial jurisdiction over reserve members by including under such jurisdiction:
(1) reserve members on active duty; and
(2) certain reserve members on inactive-duty training.
Allows such reserve members to be called to active duty to answer court-martial charges or for purposes of investigation.
Authorizes reserve members performing inactive-duty training to administer oaths under the UCMJ (currently, only reserve members on active duty may administer such oaths).
Requires certain articles to be explained (and later reexplained) to each enlisted member within six days of such member's entrance into active or reserve duty.
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 VIII - Department of Defense Management
Part A - Management of Certain Procurement Matters
Revises Federal provisions relating to contracts for the overhaul, repair, and maintenance of naval vessels.
Repeals a specified provision of the DOD Appropriations Act, 1986 which prohibits DOD funds to be used for the overhaul, repair, or maintenance of any naval vessel on the west coast of the United States which includes charges for interport differential as an evaluation factor for award.
Directs the Secretary of the Navy to ensure that a contract entered into for repair or maintenance of a naval vessel include certain specified provisions concerning hazardous waste.
Prohibits the transfer to a foreign country for defense purposes of a tehnical data package unless certain determinations are made by the Secretary of the Army regarding such a transfer.
Authorizes the Secretary of Defense to enter into technical coproduction agreements in the form of a Government-to-Government Memorandum of Understanding, as long as specified provisions are contained in such Memorandum relating to the transfer of such technical data, article, or assistance to a third party.
Authorizes such a transfer under certain circumstances.
Requires the Secretary of the Army to submit to the Congress certain reports concerning such agreements.
Requires information concerning the use in major defense systems of components manufactured outside the United States to be included in annual selected acquisition reports.
Prohibits the Secretary of Defense from entering into a charter air transportation contract with a charter air carrier unless such carrier:
(1) meets certain safety standards and experience requirements; and
(2) undergoes a technical safety evaluation.
Provides for inspections of each such aircraft.
Establishes within DOD a Commercial Airlift Review Board to carry out specified duties.
Directs the Secretary to establish guidelines for the suspension and reinstatement of air carriers for the charter air transportation of armed forces members.
Authorizes an appropriate military transportation command representative to order members to leave an aircraft if he or she determines such aircraft to be in an unsafe condition.
Requires the Secretary to be provided a report on inspections of aircraft performed by FAA personnel on aircraft under contract with DOD for the air transportation of military personnel.
Authorizes the Secretary to waive any of the above provisions in an emergency, and to prescribe regulations to carry out these provisions.
Directs the Secretary of the military department concerned to provide that the primary fuel used for heating systems within that department is the most cost-effective fuel possible.
Repeals a provision of the DOD Appropriations Act, 1986 requiring the conversion of current steam-generating plants at U.S. defense facilities to coal-burning facilities.
Part B - Health Care Management
Authorizes the Secretary of Defense, after consulting with the other administering Secretaries, to contract for the alternative delivery of medical care for military retirees, dependents, and survivors.
Outlines the scope of coverage under such health plans.
Establishes in DOD a Military Health Care Account (the Account), to which is to be appropriated all funds used to carry out the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Provides for allocations and payments to each Secretary of a military department from the Account for various services under CHAMPUS. Directs the Secretary of Defense, after consultation with the other administering Secretaries, to establish a system of health care enrollment for covered beneficiaries who reside in the United States. Describes the health care plans available under the system, and directs the Secretary to promulgate regulations to carry out this provision.
Directs the Secretary, after appropriate consultation, to establish by regulation the use of diagnostic-related groups as the primary criteria for allocation of resources to facilities of the uniformed services.
Outlines the content of such regulations.
Requires the Secretary, on specified dates, to report to the Congress concerning:
(1) the health care enrollment system; and
(2) diagnosis-related groups.
Directs the Secretary, after carrying out a certain operational test and demonstration project, to designate for use in all military medical treatment facilities the medical information system tested that is the most advantageous to the Government, based on the Secretary's recommendation.
Further describes the procedures to be used in the operational testing of each such system.
Directs the Secretary to continue the demonstration project required under the DOD Authorization Act, 1986 with respect to the VA's hospital-management computer system known as the Veterans' Administration Decentralized Hospital Computer Program (VADHCP). Directs the Secretary to establish teams of military medical personnel to assist in evaluating each medical information system being tested.
Requires the Secretary to contract with an independent technical firm to evaluate independently the demonstration project of the VADHCP. Outlines assessments to be included in the evaluation.
Directs the Secretary to report to the Congress concerning both the systems testing and the demonstration project.
Requires the Comptroller General, within 45 days after the Secretary's report, to report to the Congress:
(1) an evaluation of the selection of vendors by the Secretary for the testing of the Composite Health-Care System; and
(2) on the conduct of the evaluation and report of the Secretary. Revises a specified CHAMPUS provision relating to reimbursement of medical costs for nonemergency inpatient hospital services within a 40-mile radius of the patient's residence.
Title IX - Procurment Policy Reform
Defense Procurement Improvement Act of 1986 -
Part A - Management of the Acquisition Process
Amends Federal defense procurement provisions to establish in the Department of Defense (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. Requires the Under Secretary to:
(1) be responsible for all acquisition activities of DOD; and
(2) perform such duties as the Secretary may prescribe.
Increases the independence of the Director of Operational Test and Evaluation by making such person responsible only to the Secretary of Defense. Directs the Secretary to prescribe procedures to ensure that DOD policies for the audit and oversight of contractor activities are carried out so as to prevent duplication of such activities by different elements of the Department. Directs the Secretary to consult with the Under Secretary of Defense for Acquisition and the Inspector General of DOD in this matter.
Requires the Secretary of Defense, through the Secretaries of the military departments, to conduct an experimental program aimed at increasing the efficiency of the management structure of major defense acquisition programs by reducing reporting requirements.
Requires the Secretary of each military department to designate two such programs for participation in the experimental program.
Requires the Secretary of Defense to issue guidelines governing the management of major defense acquisition programs designated for participation in the experimental program.
Directs the Secretary to include in a request to the Congress for funding a major defense acquisition program, before full-scale engineering development and before full-rate production, the following:
(1) a baseline description of the total program; and
(2) the total program cost.
Requires a revision of such information when the production stage is reached.
Directs the Secretary to designate for each fiscal year no more than three major defense acquisition programs in each military department to be considered for multiyear authorization.
Prohibits the Secretary concerned from beginning full-scale engineering development, or full-rate production for a program, until the Congress authorizes sufficient funds for that stage.
Requires the Secretary concerned, if it is determined that a significant adverse program deviation exists, to notify the Congress within ten days of its discovery.
Authorizes the Secretary concerned to continue with the program, notwithstanding the deviation, if 45 days have passed since such notice.
Authorizes the Secretary concerned, after the Congress has authorized sufficient funds for a stage, to change the current baseline description and total program cost of such program, as long as the Senate and House Armed Services Committees are notified within ten days after such a change is made.
Directs the Secretary of Defense, in preparing a defense budget for a fiscal year, to require comparable budgeting (or an explanation otherwise) for similar defense systems.
Directs the Secretary to ensure that, to the maximum extent practicable, that:
(1) supply requirements are stated in the broadest possible description; and
(2) nondevelopmental (readily available) items may be used to fulfill such requirements.
Requires the Secretary to prescribe regulations to carry out this provision.
Requires the Comptroller General, within one year after the enactment of this Act, to evaluate, and report to the Congress on, actions taken by the Secretary to carry out these provisions.
Directs the Secretary to report to the defense committees concerning the removal of any impediments to the acquisition of nondevelopmental items.
Directs the Secretary to report to the Congress concerning career enhancement opportunities for DOD program managers and other acquisition personnel.
Requires such report within 90 days after enactment of this Act.
Part B - Amendments to Existing Law
Amends the Small Business Act to provide that the proportion of Government contracts to be set aside for award to small businesses shall be determined on an industry category basis.
Defines industry category as a discrete group of similar goods and services, and provides for the determination of categories by the Small Business Administration (SBA). Requires that the awarding of such contracts be at fair market value.
Requires the small business concern awarded such contract to actually produce at least 50 percent of the goods or services required under the contract, such percentage subject to change as determined by the Administrator of SBA. Requires the Administration, within 180 days after enactment of this provision, to establish similar percentage requirements for general and specialty construction contracts, as well as any other type of contracts not covered under such previous provision.
Requires the head of any Federal agency to make available to any interested person certain information concerning successful applicants for procurement contract set-asides, such information to be available within five days after such decision.
Authorizes the Secretary of Defense to decline to provide such information for national security reasons.
Directs the SBA, within six months after enactment of these provisions, to undertake a review of the size standards for eligibility of business concerns for a procurement contract restricted to small businesses.
Requires such reviews at least once every three years, with the first such review beginning January 1, 1987.
Amends Federal law relating to defense contracts to direct the head of an agency to require offerors, contractors, and subcontractors to make cost or pricing data available in accordance with specified regulations and principles.
Requires those persons submitting such data to certify such data as accurate, complete, and current.
Provides exceptions to such requirements.
Allows for contract price adjustments because of the submission of defective cost or pricing data.
Prohibits any offset of an amount against the amount of a contract price adjustment, except in limited circumstances.
Outlines those circumstances which will and will not constitute a defense for a contractor to a contract price increase due to the contractor's submission of defective cost or pricing data.
Outlines the liability to the United States of a contractor who is overpaid by DOD as the result of submission by the contractor of defective cost or pricing data.
Authorizes the head of an agency to examine all records of a contractor or subcontractor in order to determine the accuracy, completeness, and currency of cost or pricing data submitted to such agency as part of a contract proposal.
Repeals current provisions as contained in the Defense Procurement Improvement Act of 1985 concerning such contract overpayments by the United States. Directs the Secretary of Defense to prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to a product or process.
Outlines specified provisions to be included in such regulations.
Revises provisions concerning the right of a contractor or subcontractor to restrict the use of technical data supplied to DOD by such contractor or subcontractor.
Allows the appropriateness of any such restriction to be reviewed by the Secretary at any time within three years after delivery of such data.
Requires the Secretary to provide a contractor or subcontractor written notice of any challenge to a restriction within the above time period.
Outlines information to be included as part of such notice.
Provides that if the head of an agency, using procedures other than competitive procedures, contracts for the purchase of items which a contractor also offers for sale to the general public, the price charged the United States for such items may not exceed the price charged to the general public.
Requires certification of such fact by the contractor or subcontractor as part of the offer for the contract.
Provides exceptions to such requirements, and authorizes an examination and audit of all appropriate records in order to verify the lowest price.
Directs the Secretary to prescribe regulations to carry out such provisions, such regulations to be completed within 30 days after enactment of this Act.
Part C - Miscellaneous
Prohibits any person from restricting a member of an armed force in communicating with a member of the Congress or an Inspector General (current law applies only to communication with a member of the Congress). Prohibits any retaliatory personnel action against any person making or preparing such a communication.
Directs the Inspector General of DOD to investigate an allegation by a member that reprisals were taken against him or her with respect to such a communication, as long as no more than 90 days have passed since the reprisal or threatened reprisal.
Requires the Inspector General to report to the Secretary the results of such investigation within ten days after its completion.
Outlines further considerations concerning the timing and content of such report.
Directs a correction board to make necessary investigations and take all necessary corrective and disciplinary actions in such cases.
Directs the Secretary, within 120 days after enactment of this Act, to prescribe regulations to carry out these provisions.
Prohibits a contractor of DOD from taking a reprisal action against any officer or employee of such contractor for disclosing to an appropriate Government official information relating to a contract between such contractor and DOD which the officer or employee reasonably believes to evidence:
(1) a violation of law or regulation; or
(2) mismanagement, waste, abuse, or danger to public health or safety.
Outlines remedies for any such officer or employee against whom reprisals are taken.
Directs the Secretary, within 90 days after enactment of this Act, to prescribe regulations to carry out these provisions.
Repeals Federal law relating to the cost and price management of certain defense acquisition contracts awarded by a defense agency using competitive procedures.
Prohibits the Secretary of Defense from placing work with a federally funded research and development center unless such work is within the purpose, mission, and general scope of effort of such center as established in the sponsoring agreement with such center.
Provides an exception to such prohibition.
Directs the Comptroller General to conduct a study, and report to the Congress within one year after enactment of this Act, concerning the national defense role of federally funded research and development centers.
Prohibits the future funding of such centers until certain congressional notice-and-wait requirements have been met.
Title X - General Provisions
Authorizes the Secretary of Defense, in the national interest, to transfer between departments within DOD a specified amount of available authorizations.
Outlines administrative limitations and procedures regarding such transfers, and requires the Secretary to promptly notify the Congress of any such transfers.
Amends Federal law relating to the defense agencies to add a new chapter concerning the obligation of appropriations for such agencies.
Limits the obligation of unauthorized defense appropriations.
Reduces the amounts available for obligation attributable to unauthorized programs, projects, and activities.
Directs the Secretary, within 30 days after the enactment of an appropriation or authorization law, to report to the Congress identifying any unauthorized program, project, or activity, together with the reduction as determined above.
Requires the Comptroller General to review the Secretary's report, and make his or her own report concerning such review, together with comments and recommendations, within 30 days after the Secretary's report.
Defines "unauthorized program, project, or activity." Provides for a contingent general continuing authorization for DOD operations in the event that a specific fiscal year authorization for such purpose has not occurred.
Provides the rate at which such funds may be obligated.
Terminates such contingent continuing authorization if a specific authorization enactment occurs.
Makes the provisions of the Impoundment Control Act of 1974 inapplicable to an unauthorized defense appropriations, and exempts the National Security Act of 1947 from such provisions.
Defines "defense appropriation" for purposes of these provisions.
Prohibits funds from being appropriated for any fiscal year for certain military functions within DOD, unless such funds are specifically authorized by law.
Authorizes the Secretary to enter into contracts for collection services to recover indebtedness owed to the U.S. Government, and which is delinquent by more than three months.
Part B - Special Operations Matters
Dan Daniel Special Operations Forces Act - Establishes in DOD the National Special Operations Agency (the Agency) with a Director to be appointed by the President, by and with the advice and consent of the Senate. Outlines the authority of the Director, including exercising command and control of all special operations forces and activities within DOD. Establishes not less than three Deputy Directors of the Agency. Directs the Secretary to assign all special operations forces to the Agency. Directs the Director to assign to each unified combatant command an officer to serve as the theater special operations commander.
Provides that the commander of a unified combatant command exercises command and control over special operations forces assigned or allocated to that command.
Outlines other administrative provisions relating to the Agency and the operations of special forces.
Defines "special operations forces" and "special operations activities." Provides for:
(1) the nomination of the Director, within 30 days after enactment of this Act;
(2) the establishment of the Agency, within six months after enactment of this Act;
(3) initial funding for the Agency; and
(4) the initial assignment of personnel to the Agency. Provides that funds appropriated or otherwise made available to DOD for FY 1987 for the development, modification, or procurement of special operations and combat rescue aircraft shall be obligated and expended subject to certain specified requirements.
Directs the Secretary of the Air Force to take certain action with respect to the configuration of the HH-60A test aircraft.
Part C - Reports
Directs the Secretary of Defense, no later than February 1, 1987, to report to the Senate and House Armed Services Committees concerning a report on the chemical weapons demilitarization program required under the DOD Authorization Act, 1986.
Part D - Miscellaneous
Authorizes the Secretary of Defense, notwithstanding specified Federal law, to take no more than 25 marine mammals each year for national defense purposes.
Prohibits the taking of any mammal belonging to an endangered or threatened species.
Requires that no less than five percent of certain funds appropriated to DOD during each fiscal year shall be obligated for:
(1) small business concerns owned and controlled by socially and economically disadvantaged individuals;
(2) historically black colleges and universities; or
(3) minority institutions.
Directs the Secretary of Defense, no later than May 1 of each fiscal year, to report to the Congress on compliance with this provision, with the first such report due May 1, 1987.
Division B - Military Construction Authorization
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 to convey to the city of Orlando, Florida, all rights, title, and interest to a tract of land comprising the U.S. Army Reserve training facility located at the former McCoy Air Force Base, Orlando, Florida. Authorizes the Secretary to sell certain land and improvements at Kapalama Military Reservation, Hawaii, and to replace the warehousing facilities located on such property.
Authorizes the Secretary to use specified funds appropriated to DOD for FY 1987 for local community planning assistance activities near Fort Drum, New York, if the Secretary determines that the financial resources available to the community are inadequate.
Authorizes the Secretary to convey to the Southern California Edison Company certain property within the Whittier Narrows Flood Control Basin in Los Angeles County, California. Authorizes appropriations for the Army for fiscal years after FY 1986 for military construction, land acquisition, and military family housing functions of the Department of the Army in specified amounts.
Authorizes certain unobligated funds to be made available for the following:
(1) energy conservation projects for Army military family housing; and
(2) construction of an Army aviation museum at Fort Rucker, Alabama. Authorizes specified advanced appropriations for FY 1988 and 1989 for military construction projects and land acquisition at Fort Drum, New York. Limits the total cost of construction projects under this title to the total amount here authorized for the Army for such purposes.
Extends the authorization of certain 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.
Amends the Military Construction Authorization Act, 1986 to increase the total cost of construction projects authorized under title III of such Act, such increase being for a military construction project at Kings Bay, Georgia. Authorizes the Secretary to grant to Orange County, California one or more easements through the Marine Corps Air Station, El Toro, California, and to replace all family housing and other facilities required to be demolished as the result of any such easements.
Provides funding for such purpose.
Authorizes the Secretary to undertake with the City of Long Beach, California, a land exchange involving part of the Long Beach Naval Station and other property in Long Beach, California. Authorizes the Secretary to enter into leases of real property located within the Broadway Complex of the Department of the Navy, San Diego, California. Authorizes appropriations for the Navy for fiscal years after FY 1986 for military construction, land acquisition, and military family housing functions of the Department of the Navy in specified amounts.
Limits the total cost of construction projects under this title to the total amount here authorized for the Navy for such purposes.
Extends the authorization of certain FY 1984 and 1985 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.
Restricts FY 1987 military construction funding until the basing of certain aircraft takes place at Little Rock Air Force Base, Jacksonville, Arkansas. Limits:
(1) the extension of authorization for certain military family housing at Fort MacArthur, California; and
(2) the obligation of certain prior-year appropriations for such housing until the Secretary reports to the Senate and House Armed Services Committees concerning such housing.
Authorizes appropriations to the Air Force for fiscal years after FY 1986 for military construction, land acquisition, and military family housing functions of the Department of the Air Force in specified amounts.
Authorizes the use of prior-year unobligated funds for energy conservation projects in such Department. Limits the total cost of construction projects under this title to the total amount here authorized for the Air Force for such purposes.
Earmarks specified funds for the acquisition of certain real property near Shawn Air Force Base, South Carolina. Extends certain prior-year authorizations of appropriations.
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 construct or acquire three military family housing units in a specified amount at classified locations.
Authorizes appropriations to DOD for fiscal years after FY 1986 for military construction, land acquisition, and military housing functions of DOD in specified amounts.
Limits the total cost of construction projects under this title to the total amount here authorized for DOD for such purposes.
Extends certain prior-year authorizations of appropriations.
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 fiscal years after FY 1986 for such purpose. Restricts the post-FY 1987 obligation or expenditure of NATO Infrastructure program funds until the Secretary reports to the Senate and House Armed Services Committees concerning a master plan of certain NATO European defense sites and a funding certification by the Secretary.
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
States that all authorizations under the previous titles (excluding the authorization for the guard and reserve forces) shall expire at the end of FY 1987 or on the date of enactment of the Military Construction Authorization Act for fiscal year 1989, whichever is later, with a specified exception.
Part B - Military Construction Program Provisions
Establishes maximum amounts of certain expenditures, including unspecified minor military construction projects, architectural and engineering design services, and per-unit improvement and rental costs for military family housing.
Increases from 200 to 220 the number of military family housing units exempted from the limits placed on foreign military family housing units.
Authorizes the Secretaries of the military departments to undertake study, planning, design, architectural and engineering services related to military construction and family housing appropriations from previous fiscal years.
Directs the Secretary of Defense, beginning with FY 1988, to require that at least ten percent of the total amount requested for military construction authorization for a fiscal year be for the costs of acquisition, services, and construction for the guard and reserve forces.
Authorizes the Secretary of Defense and the Secretaries of the military departments, with respect to the rate of wages to be paid in FY 1987 for laborers and mechanics employed under military construction or military family housing projects, to enter into a contract for up to $25,000 to carry out such project without regard to the requirements of the Davis-Bacon Act. Authorizes any interested person to bring an action for enforcement of such provision, as well as enforcement of the Davis-Bacon Act when such a contract exceeds $25,000.
Defines "interested person" and outlines the appropriate relief in a court action for violations of such Act.
Part C - Real Property Transactions
Directs the Administrator of General Services to transfer to the Secretary of the Army certain real property near Beltsville, Maryland. Authorizes the County of Los Angeles to transfer certain land located within such county to the city of Arcadia, California, with specified reverter rights.
Part D - Miscellaneous
Prohibits, with a specified exception, funding for any military construction projects on Guam if any work is done on such project by any person classified as a nonimmigrant under the Immigration and Nationality Act. Repeals Federal law requiring the Secretaries of the Army and the Air Force to assign suitable space for postal purposes at each military post where a post office exists.
Directs the Secretary of the Army, within 45 days after the enactment of this Act, to submit a real estate acquisition report for the lease of temporary facilities located near Rio Rancho, New Mexico, for specified purposes.
Division C - Other National Defense Authorizations
Title I - Department of Energy National Security Programs
Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 -
Part A - National Security Programs Authorizations
Authorizes appropriations for the Department of Energy (DOE) for FY 1987 for operating expenses and for plant and capital equipment in carrying out national security programs in the following areas:
(1) weapons activities;
(2) the defense inertial confinement fusion program;
(3) verification and control technology;
(4) defense nuclear materials production;
(5) defense nuclear waste and byproduct management;
(6) nuclear materials safeguards and security technology development;
(7) security investigations;
(8) naval reactors development;
(9) materials production; and
(10) capital equipment not related to construction.
Sets aside specified previously-authorized funds for programs, projects, and activities of the Strategic Defense Initiative (SDI).
Part B - 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 authorized by this Act for programs which have 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 expired since such statement was submitted.
Authorizes the Secretary to carry out any general plant project only if the maximum estimated cost of the project does not exceed $1,200,000.
Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost, and exempts from such procedures any projects which have an estimated cost of less than $5,000,000.
Allows the transfer of funds from specified projects to other Government agencies for the performance of work for which the appropriation is made.
Authorizes a specific transfer from the Secretary of Defense to the Secretary of Energy for research, development, test, and evaluation for the defense agencies.
Authorizes the Secretary of Energy to carry out construction design services in connection with a proposed construction project, if the total cost does not exceed $2,000,000.
Requires a specific authorization by law for such services when their cost exceeds $2,000,000.
Authorizes the Secretary to perform emergency construction design, upon certain determinations.
Allows authorizations to be adjusted for pay and benefits increases for Federal employees.
Part C - Special Program Provisions
Authorizes the Secretary, after considering the recommendation and written determination of the Military Liaison Committee, to decide whether or not (in each case) to assert that an invention or discovery made under a DOE nuclear weapon or atomic energy program (including the Naval Nuclear Propulsion Program) is the property of the Government. Requires the Secretary to consult with the Secretary of Defense in making any such determination.
Prohibits funds appropriated under this title to DOE for FY 1987 from being used to pay any fines or penalties due to non-compliance with any environmental requirement.
Provides that such prohibition shall not apply if:
(1) the President fails to request funds for compliance with the environmental requirement; or
(2) the Congress has appropriated funds for such purpose and the Secretary fails to use the funds for such purpose.
Authorizes the Secretary to request the National Academy of Sciences and the National Academy of Engineering (the Academies) to undertake a safety study of the "N" Production Reactor near Richland, Washington, and report to the Secretary the results of such study, together with findings and recommendations, no later than March 1, 1987.
Requires the Secretary to review such report and, in turn, report to the Congress his or her own comments, findings, and recommendations concerning such reactor.
Amends the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1986 to provide that the authority of the Secretary to undertake a specified financial settlement pursuant to the Atomic Energy Community Act of 1955 does not affect any other right, function, or duty of the Secretary with respect to such Act. Amends the Atomic Energy Act of 1954 to revise provisions concerning the authority of DOE contractor and subcontractor security employees in carrying firearms and making arrests in connection with such security functions.
Title II - National Defense Stockpile
Strategic and Critical Materials Stock Piling Amendments of 1986 - Amends the Strategic and Critical Materials Stock Piling Act to provide that it is the intent of the Congress that:
(1) the National Defense Stockpile (NDS) be used to serve national defense purposes only; and
(2) quantities of materials stockpiled should be sufficient to sustain the United States for at least three years in the event of a national emergency.
Requires stockpile requirements to be established by law.
Transfers certain stockpiling functions under such Act from the President to the Secretary of Defense. Requires the Secretary to submit to the Congress an annual report on the stockpile requirements.
Outlines stockpile matters to be included in each report.
Requires the Secretary to include an explanation in any report where the Secretary's recommended stockpile requirements differ from those established by law.
Requires the Secretary, at least every five years, to conduct a detailed review of the stockpile requirement for each strategic and critical material.
Requires the Secretary to notify the Congress of any necessary revision to the stockpile requirement.
Authorizes the Secretary to enter into an interagency agreement with the head of any other department or agency for the performance of certain stockpiling functions.
Provides that appropriations for the requirements of NDS and for deposit to the National Defense Stockpile Transaction Fund shall be made as appropriations to the Department of Defense for military functions.
Extends the uses of the National Defense Stockpile Transaction Fund to cover NDS acquisitions and upgrading.
Title III - Civil Defense
Authorizes appropriations for FY 1987 to carry out certain civil defense functions under the Federal Civil Defense Act of 1950.
Title IV - Nuclear Winter Research
Authorizes appropriations for FY 1987 to the Department of Defense and to the Department of Energy for joint nuclear winter research.
Directs the Secretary of each department, no later than September 30, 1987, to report to the Congress on the allocation of funds provided by the above authorization.
Directs the Secretary of Defense to conduct a study on the consequences of a nuclear exchange, and, no later than November 1, 1987, report to the Congress concerning such study.
Requires the Secretary of Defense to contract with the National Academy of Sciences to:
(1) independently evaluate the Secretary's report; and
(2) no later than April 1, 1988, report their evaluation and recommendations concerning such report to the Secretary and the Senate and House Armed Services Committees.
Division D - Miscellaneous General Provisions
Makes technical and clerical revisions to various provisions of Federal law.
Repeals specified duplicative provisions contained in the Department of Defense Authorization Act, 1986.
Amends the Atomic Energy Community Act of 1955 to extend certain contract authority under such Act through June 30, 1996.
Provides that persons who have served honorably on active duty in the armed forces and permanently handicapped individuals shall not be denied any veterans' benefits because of a failure to register with the Selective Service System.

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