A bill making appropriations for Military Construction for the Department of Defense for the fiscal year ending September 30, 1988, and for other purposes.

(Measure passed Senate, amended, roll call #349 (93-0))

Appropriates funds for FY 1988 for military construction operations administered by the Department of Defense (DOD) in specified amounts (and, in some cases, subject to specified conditions, including rescission of funds appropriated in prior fiscal years), for the following purposes: (1) military construction, Army; (2) military construction, Navy; (3) military construction, Air Force; (4) military construction, defense agencies; (5) North Atlantic Treaty Organization (NATO) Infrastructure; (6) military construction, Army National Guard; (7) military construction, Air National Guard; (8) military construction, Army Reserve; (9) military construction, Naval Reserve; (10) military construction, Air Force Reserve; (11) family housing, Army; (12) family housing, Navy and Marine Corps; (13) family housing, Air Force; (14) family housing, defense agencies; and (15) Homeowners Assistance Fund, Defense.

Authorizes funds appropriated in this Act to be used for: (1) the hire of passenger motor vehicles; and (2) the construction of defense access roads.

Prohibits funds appropriated in this Act from being used for: (1) payments under certain cost-plus-a-fixed-fee contracts, with a specified exception; (2) construction of new bases inside the continental United States for which specific appropriations have not been made; (3) the purchase of certain land or easements in excess of 100 percent of their value as determined by the Corps of Engineers or the Naval Facilities Engineering Command; (4) land acquisition, site preparation, or the installation of any utilities for family housing, except for housing specifically appropriated for under this Act; (5) transferring or relocating of any activity from one base or installation to another, without certain prior notification; (6) the procurement of steel for any construction project or activity for which American steel producers have been denied the opportunity to compete; (7) the performance of dredging work in the Indian Ocean by foreign contractors; (8) the payment of real property taxes in any foreign nation; (9) payments to any aliens for certain work performed if such alien has not been lawfully admitted into the United States; (10) expenditures for certain consulting services, unless such expenditures are a matter of public record and available for public inspection; (11) initiation of a new installation overseas, without prior congressional notification; (12) certain architect and engineer contracts to be accomplished in Japan or in any NATO-member country, unless such contracts are awarded to U.S. firms or joint ventures; or (13) the award of any contract in excess of $1,000,000 to a foreign contractor, with specified exceptions.

Directs the Secretary of Defense to notify the Senate and House Armed Services and Appropriations Committees of the plans and scope of any proposed military exercise involving U.S. personnel 30 days prior to its occurrence if amounts expended for such exercise are anticipated to exceed $100,000.

Transfers certain funds of the Military Family Housing Management Account to the appropriations for family housing provided in this Act.

Prohibits more than 20 percent of the funds appropriated in this Act from being obligated during the last two months of the fiscal year.

Transfers certain prior year funds for construction authorized in the first session of the 100th Congress.

Directs the Secretary of Defense, by February 15, 1988, to provide the Appropriations Committees a report detailing the specific actions proposed to be taken by DOD during FY 1988 to encourage other member nations of NATO and Japan to assume a greater share of the common defense burden of such nations and the United States.

Allows certain expired or lapsed funds to be used to pay certain overhead and other costs associated with military construction or family housing projects.

Requires the Secretaries of each of the military departments to maintain legislative liaison to the Senate and House Appropriations Subcommittees on Military Construction in a manner identical to the method employed as of September 30, 1986 (with a certain proviso).

Directs the Secretary of the Army to provide funds for the design of access roads for the New Cumberland Army Depot, Pennsylvania, and for the Tobyhanna Army Depot, Pennsylvania, with funds provided in this Act.

Prohibits funds appropriated in this Act for use by DOD in FY 1988 from being used for any purpose relating to the deactivation, relocation, or transfer of any part of the: (1) 474th Tactical Fighter Wing at Nellis Air Force Base, Nevada; or (2) 5th Fighter Intercepter Squadron at Minot Air Force Base, North Dakota.

Expresses the sense of the Congress that all construction costs associated with the relocation of the Tactical Fighter Wing at Torrejon Air Base, Spain, should be the responsibility of NATO.

Prohibits any planning and design funds appropriated in this Act from being used for the design of the Pentagon Annex.

Requires the Secretary of Defense to notify the Appropriations Committees within 24 hours after a determination by the President or the Secretary to utilize premobilization construction authority.

Prohibits any DOD funds appropriated under this or any other Act from being used for the National Test Bed Components of the National Test Facility at Falcon Air Station, Colorado, until the Strategic Defense Initiative Organization (SDIO) has taken specified development and reporting steps with regard to such test facility and its operations. States that the goal of the National Test Bed Facility and similar test bed components shall be to stimulate, evaluate, and demonstrate architectures and technologies that are technically feasible, cost-effective, and survivable.

Prohibits any funds appropriated in this Act from being used for transferring any equipment, operation, or personnel from the Edgewood Arsenal, Maryland, to any other facility during FY 1988.

Authorizes a specified property account established in prior law to be available for any public sale of property by any agency of the United States, including DOD, or any element thereof.

Directs the Secretary of the Army to permit the construction of a chapel on land at Dugway Proving Ground, Utah, by a certain religious group, under specified terms and conditions.

Authorizes the Secretaries of the Army, the Navy, the Air Force, and the Secretary of Transportation, when acting for the Coast Guard, to enter into a specified number of contracts for leased military family housing (in addition to any other authorized contracts for such housing). Extends through September 30, 1989, the authority of the Secretaries to enter into such contracts.

Amends the Military Construction Authorization Act, 1984 to authorize the Secretary of Transportation, with respect to the Coast Guard, and the director of a defense agency (in addition to the Secretary of each military department as currently authorized under such Act) to enter into certain agreements assuring the occupancy of rental housing by military personnel under the Military Housing Rental Guarantee program.

Authorizes the Secretary of the Navy to lease to the Port of Oakland, California, certain land and improvements located at the Naval Supply Center, Oakland, California, under specified terms and conditions (including payments to the Secretary for replacement and relocation expenses). Allows the Secretary, under the terms of such lease, to authorize the Port of Oakland to demolish the existing facilities and to provide for the construction of new facilities on such land for use by the Port of Oakland. Requires the Secretary, before entering into such lease, to comply with certain congressional notice-and-wait requirements.

Authorizes the Secretary of Defense, where amounts appropriated in this Act are insufficient for local planning resources, to provide community planning assistance on behalf of the Army Light Divisions and Navy Strategic Dispersal activities.

Amends the Military Construction Authorization Act, 1986 to add a water system improvement project and a family housing improvement project to projects approved under such Act for Fort Jackson, South Carolina.

Prohibits funds from being used in the United States for any military construction project which uses the services of any foreign country during any period in which such country is listed by the U.S. Trade Representative as a country which is denying the United States fair market opportunities. Provides exceptions to such prohibition, including when the provision of such services would be in the best interest of the United States, or when the use of other services would be insufficient. Directs the U.S. Trade Representative (the USTR), no later than 30 days from a specified date under the Trade Act of 1974, to make a determination with respect to each foreign country as to whether such country denies fair and equitable access of the United States in market opportunities, and fair and equitable access in bidding for foreign counstruction projects. Directs the USTR to maintain a list of each foreign country with respect to which a positive determination is made that such country does deny the United States such equitable market opportunities, to maintain such country on such list until the USTR determines that such country no longer denies the United States such opportunities, and to publish annually in the Federal Register the entire list, as well as necessary modifications to such list made between annual publications.