Department of Defense Appropriation Act, 1986

(Reported to Senate from the Committee on Appropriations with amendment, S. Rept. 99-176)

Department of Defense Appropriation Act, 1986 - Title I: Military Personnel - Appropriates funds for FY 1986 for military and reserve personnel in the Army, Navy, Marine Corps, and Air Force, and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY 1986 for the operation and maintenance of the Army, the Navy, the Marine Corps, the Air Force, and the defense agencies, including their respective reserve components, and the Army and Air National Guards. Appropriates funds for the National Board for the Promotion of Rifle Practice, claims against the Department of Defense, the Court of Military Appeals, the tenth International Pan American Games, and environmental restoration (with specified conditions).

Title III: Procurement - Appropriates and transfers funds for FY 1986 for the procurement by the Army of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and other equipment and materials.

Appropriates and transfers funds for procurement by the Navy of aircraft, weapons, naval shipbuilding and conversion, and other equipment and materials. Prohibits the use of funds for naval vessel construction in foreign shipyards.

Appropriates funds for the augmentation of U.S. Coast Guard inventories to meet national security requirements.

Appropriates and transfers funds for Marine Corps procurement.

Appropriates and transfers funds for aircraft procurement for the Air Force. Earmarks specified amounts of such funds for: (1) initiation of the air defense aircraft competition; and (2) competitive procurement of Air Force One mission replacement aircraft. Prohibits the expenditure of such funds for a multiyear contract for F-16 aircraft until such aircraft have been competitively selected for the air defense mission.

Appropriates and transfers funds for procurement by the Air Force of missiles, and other equipment and materials.

Appropriates and transfers funds for the National Guard, Reserve, and defense agencies procurement, and for Defense Production Act purchases.

Makes all such appropriations available through FY 1988, unless otherwise specified.

Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1986 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies. Permits the merger of appropriations for advanced research. Appropriates funds for the expenses of the Director of Defense Test and Evaluation.

Makes all such appropriations available through FY 1987.

Title V: Special Foreign Currency Program - Appropriates funds for FY 1986 for excess payments in foreign currencies for expenses in carrying out the programs of the Department of Defense (DOD).

Title VI: Revolving and Managing Funds - Appropriates funds for the stock funds of the Army, Navy, Marine Corps, Air Force, and defense agencies. Transfers specified prior-year, unobligated balances of Shipbuilding and Conversion, Navy, appropriations to the Mariner Fund, provided that legislation establishing such Fund is enacted.

Appropriates funds for the purchase of automated data processing equipment.

Title VII: Related Agencies - Appropriates funds for the intelligence community staff and the Central Intelligence Agency Retirement and Disability System Fund.

Title VIII: General Provisions - Limits the expenditure of appropriations for consulting services to contracts where such expenditures are a matter of public record.

Prohibits the use of appropriations for unauthorized publicity or propaganda.

Authorizes the Secretaries of Defense and of the service departments to procure the services of experts and consultants if advantageous to the national defense. Exempts DOD from the prohibition against employing non-citizens.

Makes appropriations for DOD for the current and future fiscal years available for the following: (1) expenses connected with administration of occupied areas; (2) payments of rewards for information leading to the recovery of missing naval property; (3) payments of deficiency judgments arising out of condemnation proceedings; (4) leasing of buildings and facilities; (5) contract payments for the maintenance of tools and facilities; (6) maintenance of defense access roads; (7) milk purchases for enlisted personnel of DOD; (8) payments under leases for real or personal property; (9) the purchase of right-hand-drive vehicles; (10) payments of cost overruns for ship construction and repair; (11) payments for industrial fund activities incident to ship overhaul, maintenance, and repair; and (12) payments for depot maintenance contracts.

Makes such appropriations also available for: (1) military courts, boards, and commissions; (2) certain utilities; and (3) exchange fees and disbursing losses.

Directs the Secretary of Defense and each agency of the Department to assist American small and minority-owned businesses in their participation in defense contracts.

Provides that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided.

Permits the President to exempt appropriations available for military functions from the requirement that appropriations be distributed so as to prevent deficiencies or the need for supplemental funding.

Authorizes the Secretary to provide for the cost of any increases in military personnel required by the President for an airborne alert. Requires the Secretary to report to the Congress monthly on the exercise of such authority.

Prohibits the use of appropriations for specified practices, including: (1) proficiency flying; and (2) excess household goods shipping and storage.

Permits the transfer of vessels between the Departments of Transportation and of Defense.

Prohibits the obligation of more than 20 percent of funds appropriated by this Act during the last two months of the fiscal year, except as specified.

Permits the Department of Defense to accept the use of real property and services from foreign countries in accordance with mutual defense agreements or occupational arrangements or as reciprocal international courtesies. Directs the Secretary to report quarterly to the Congress on the properties and services received.

Permits the use of appropriations for research and development and for the acquisition or furnishing of facilities for such activities.

Prohibits the use of appropriations for the procurement of any food, clothing, clothing materials, wool, or specialty metals not grown, produced, or processed within the United States, with specified exceptions.

Permits the use of appropriations for uniforms or uniform allowances for civilian employees.

Limits the funds available for legislative liaison activities of the Department.

Earmarks specified appropriations for the procurement of commercial transportation service from carriers participating in the civil reserve air fleet program.

Authorizes the Secretary, in the national interest, to transfer and merge specified working capital funds. Directs the Secretary to notify the Congress of all such transfers. Limits the cash balances which may be maintained in such funds.

Prohibits the use of appropriated funds for: (1) fuel conversion at defense facilities in Europe; (2) the preparation of a request to the Appropriations Committees for reprogramming of funds, except as specified; (3) certain claims for physician or provider reimbursement for medical services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); (4) public affairs activities over a specified limitation; (5) administering funds credited to DOD under provisions of the Arms Export Control Act; (6) Senior ROTC units which have had classes with insufficient enrollment; (7) programs of the Central Intelligence Agency beyond FY 1987, with specified exceptions; and (8) excessive military personnel costs associated with morale, welfare, and recreation activities.

Prohibits the use of appropriated funds for the payment of anticipatory possession compensation claims to the Federal Republic of Germany other than claims under the Global Agreement.

Permits the Secretary to contract with collection agencies to recover indebtedness to the United States.

Prohibits the use of appropriations for: (1) certain noncompetitive contracts for studies or consulting services unless certain unique elements are present; (2) nonreimbursed medical care in the United States to foreign military or diplomatic personnel or their dependents; (3) certain second career training programs; (4) the demilitarization of surplus nonautomatic firearms of less than a specified caliber; (5) certain multiyear contracts utilizing economic order quantity procurement or unfunded contingent liabilities in excess of a specified amount; and (6) excessive per diems in lieu of subsistence when an enlisted member is in a travel status.

Prohibits the use of appropriations for: (1) waivers of certain cost recovery under the Arms Export Control Act unless the Appropriations Committees are given advanced notice; (2) transportation of equipment or material designated as Prepositioned Material Configured in Unit Sets (POMCUS) in Europe in excess of four division sets, except as specified to maintain certain inventories at a fixed percent of established requirements; (3) the transfer of manufacturing equipment and data for military equipment to a foreign country without the prior approval of the Secretary concerned; (4) the transfer of a technical data package or any assistance from any Government-owned and operated defense plant manufacturing large caliber cannons to any foreign government; and (5) unjustified intelligence activity unless the Appropriations Committees are notified.

Requires the Advanced Technology Bomber program to be funded at a level at least equal to that provided by the conference committee.

Prohibits the use of funds for: (1) the purchase of foreign coal or coke for U.S. defense facilities in Europe when U.S. coal is available; (2) the procurement of manual typewriters from Warsaw Pact countries; (3) more than 37 Executive Schedule positions in the Department; (4) converting certain military technician positions to nonmilitary positions in support of the reserves and the guards; and (5) imposing a civilian personnel ceiling on industrially funded activities of the Department.

Eliminates during FY 1986 the requirement that the Congress must authorize by law the end strengths for civilian personnel in DOD. Prohibits setting any end-strength limitations for such personnel during FY 1986. Requires FY 1987 defense budget requests to reflect such changes.

Permits the transfer and merger of funds for increased pay costs for research, development, test, and evaluation.

Authorizes the transfer of specified amounts from working capital funds to the Operation and Maintenance, Army, Navy, and Air Force appropriations contained in this Act. Specifies limits to be transferred to each military branch.

Prohibits the use of funds for: (1) leasing Department aircraft or vehicles to non-Federal agencies when commerical alternatives are available; (2) congressional lobbying; and (3) certain multiyear leasing or chartering of vessels with termination liabilities in excess of a specified amount.

Authorizes the Secretary of the Army to sell and convey a specified portion of Fort DeRussy in Honolulu, Hawaii. Provides the Secretary with certain authority concerning the proceeds of such sale and the acquisition of replacement facilities for such property.

Prohibits the use of funds for: (1) the operation of more than 247 commissaries in the contiguous United States; (2) procuring certain foreign-manufactured aircraft ejection seats; (3) unemployment benefits over a specified amount; (4) the pay of certain nonmilitary Army Reserve technicians; (5) the transfer of the Department of Defense Dependents Schools to the Department of Education; and (6)purchasing dogs or cats to study the medical treatment of wounds.

Authorizes funds appropriated for the multiple launch rocket system (MLRS) for FY 1985 and 1986 to be used to enter contracts for the purchase of items for the MLRS program proposed for procurement during FY 1989.

Prohibits the use of funds for: (1) the full-scale engineering development of any major acquisition program until the Secretary certifies to the Appropriations Committees that two or more production sources are not necessary or provides a plan for the development of two or more sources; and (2) the payment of unused, accrued leave in excess of sixty days.

Permits the use of limited funds for travel expenses of the family of a member who dies in the line of duty in order to attend such member's funeral.

Prohibits the expenditure of funds for the floating storage of petroleum in non-U.S. vessels.

Earmarks funds for the Civil Air Patrol.

Permits the use of funds for removing feral burros and horses.

Calls for the use of Indian labor and the purchase of Indian products whenever practicable.

Prohibits the use of funds for the consolidation or conversion of certain heating facilities to district heating systems in defense installations in Europe, with specified exceptions.

Prohibits the use of funds to compensate certain foreign selling costs.

Permits the obligation of funds for humanitarian and civic assistance costs incident to authorized operations of the armed forces.

Authorizes the Secretaries of the Army and the Air Force to retain in active status certain officers who need such status in order to maintain employment as a National Guard or Reserve technician.

Prohibits the use of appropriated funds to transport any chemical munitions into the Lexington-Blue Grass Army Depot for future demilitarization purposes.

Prohibits the use of appropriations for: (1) procurement of weapons systems for side-by-side testing of such systems with NATO countries, without prior notification to the Appropriations Committees; and (2) the salaries of persons who authorize the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency.

Expresses the sense of the Congress that: (1) the Secretary should award defense contracts in FY 1986 to the extent possible to contractors who agree to carry out such contracts in labor surplus areas; and (2) competition should be increased in providing for our national defense.

Requires certain construction or services contracts awarded by the Department to require the contractor to employ individuals who are residents of the State in which the construction or services takes place and who possess or would be able to quickly acquire the necessary skills. Permits the Secretary to waive such requirements in the interest of national security.

Prohibits the use of appropriated funds: (1) to pay a dislocation allowance in excess of one month's basic allowance for quarters; (2) to make contributions to the Department of Defense Education Benefits Funds for certain members of the armed forces; and (3) for the integration of a nuclear warhead into the Joint Tactical Missile System.

Authorizes the Department of the Air Force and the Defense Logistics Agency to test a flat rate per diem system for military and civilian travel allowances, under certain conditions.

Limits the amount of appropriated funds to be used for permanent change of station travel, with certain conditions.

Authorizes the use of appropriated funds for the payment of not more than 75 percent of postsecondary educational costs of an officer in the Ready Reserve of the Army National Guard or Army Reserve for education or training during off-duty periods, upon certain conditions.

Provides that the rate of the basic allowance for quarters for 1983 shall not be less than the rate for 1984 for members who were entitled to such allowance on December 31, 1984.

Authorizes the transfer and merger of funds appropriated for the lease or purchase of automated data processing equipment, provided that any such transfers are reported quarterly to the Appropriations Committees.

Makes appropriations available to exchange or furnish mapping, charting, or geodetic data, supplies, or services to a foreign country pursuant to an agreement for the production or exchange of such services.

Directs the conveyance of certain lands to the municipality of Anchorage, Alaska, provided such lands are declared excess to the needs of the Army in Alaska.

Directs the Secretary, within 90 days after the enactment of this Act, to issue proposed regulations amending certain Federal provisions concerning the unallowability of contractors' public relations costs.

Provides that contracts entered into by DOD during the current fiscal year shall not be exempt from reductions required by the Balanced Budget and Emergency Deficit Control Act or other similar legislation.

Prohibits the use of appropriated funds for the procurement of C-12 aircraft unless competitive procedures are used.

Authorizes the use of appropriated funds for the removal of unsafe or unsightly buildings or debris of the Department.

Transfers certain funds appropriated to the Department of the Army to the Bureau of Land Mangement for the relocation of the district office at Fort Wainwright, Alaska.

Prohibits the use of appropriated funds for any nonappropriated fund activity of the Department that procures alcoholic beverages for resale on a military installation in the United States, unless such beverages are procured in the State in which the installation is located. Requires the Secretary, no later than one year after the enactment of this Act, to report to the Congress on the implementation of this requirement.

Directs the Secretary to transfer specified funds from the Foreign Currency Fluctuation, Defense account to appropriations provided in title II of this Act. Directs the Secretary to report any transfers so made to the Appropriations Committees.

Authorizes the military departments to use specified funds for certain travel and transportation allowances for dependent children of members stationed overseas.

Makes certain amendments made by a provision of the Department of Defense Authorization Act, 1986, applicable to the reimbursement of expenses for accommodations in place of quarters incurred on or after October 1, 1985, by a member on sea duty.

Provides that no prior-year appropriations transferred or otherwise made available by this Act shall remain available beyond the expiration dates established when appropriated.

Prohibits the use of funds available to the Department of the Navy for entering into any contract for the overhaul, repair, or maintenance of any naval vessel which includes charges for interport differential as a factor for the awarding of such contracts.

Prohibits the use of appropriated funds for the operation of commissary stores, exchanges, and ship stores that do not sell cigarettes and other tobacco products at a price equivalent to the lowest average prevailing retail price of commercial outlets in the same such area, with specified conditions.

Prohibits the use of appropriated funds for: (1) the installation, maintenance, and operation of a specified offset press procured by the Department of the Air Force; (2) the restructuring, reorganizing, operation, or maintenance of the Atlantic Command other than as constituted prior to August, 1985; and (3) the altering of the command structure for military forces in Alaska.

Title IX: Counter-Terrorism Contingency Fund - Earmarks specified funds for the Counter-Terrorism Contingency Fund, to be used by the Secretary only after approval of the President and upon notification to the Senate and House Appropriations, Armed Services, and Intelligence Committees. Outlines limited uses for such funds.