Military Construction Appropriations Act, 1987

(Measure passed Senate, amended, roll call #230 (59-41))

Title I: Military Construction - Military Construction Appropriations Act, 1987 - Appropriates funds for FY 1987 for military construction operations administered by the Department of Defense for: (1) the Army; (2) the Navy; (3) the Air Force; (4) the defense agencies; (5) the U.S. share of the cost of the North Atlantic Treaty Organization (NATO) Infrastructure programs; (6) the Army National Guard; (7) the Air National Guard; (8) the Army Reserve; (9) the Naval Reserve; (10) the Air Force Reserve; and (11) family housing for the Army, Navy and Marine Corps, Air Force, the defense agencies, and for the Defense Homeowners Assistance Fund.

Prohibits the expenditure of funds for payments under a cost-plus-a-fixed-fee contract for work, except as specified. Makes previously appropriated funds available for: (1) the hire of passenger motor vehicles; and (2) advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads. Prohibits the expenditure of funds for: (1) new base construction for which specific appropriations have not been made; (2) the purchase of certain land or easements, with specified exceptions; (3) family housing, except that housing specified in annual military construction appropriation Acts; (4) the relocation of activities from one base or installation to another; (5) steel procurement for which American steel producers have been denied the opportunity to compete for such procurement; (6) dredging in the Indian Ocean by foreign contractors, except as specified; (7) the payment of real property taxes in any foreign nation except where required by nation-to-nation agreements; and (8) compensation to non-lawfully-admitted aliens of the United States.

Limits the expenditure of appropriations for consulting services.

Prohibits the Secretary of Defense to sell or convey, except to the State of Hawaii or the county of Honolulu and at an appraised fair market value, 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 initiation of a new installation overseas without the prior approval of the Appropriations Committees; (2) certain architect and engineer contracts to be accomplished in Japan or any NATO member country, unless such contracts are awarded to U.S. firms or U.S. firms in joint venture with host nation firms; and (3) certain military construction projects in the U.S. territories and possessions in the Pacific and on Kwajalein Island to be performed by foreign contractors, unless the lowest bid from a U.S. contractor for such work exceeds the lowest foreign-contractor bid by more than 20 percent.

Directs the Secretary of Defense to inform the Appropriations Committees of the plans and scope of certain military exercises involving U.S. personnel 30 days before the exercises occur.

Transfers unexpended amounts from the Military Family Housing Management Account to the appropriations for family housing provided in this Act. Transfers certain Department of Defense construction funds to construction accounts as provided in this and other similar Acts.

Appropriates, according to specified conditions, an unspecified amount of funds for transfer to and from appropriations for 1987 and thereafter for military construction or family housing expenses of the military departments and defense agencies in order to eliminate budget gains and losses due to foreign currency exchange rate fluctuations.

Limits the appropriation or obligation through FY 1991 of funds for the strategic homeporting initiative.

Requires ten percent of the total amount authorized for FY 1987 for consulting, management, and professional services, studies, and analyses to be placed in a reserve and made unavailable for obligation or expenditure.

Prohibits funds appropriated in this Act from being made available for any country if the President determines that such country has failed to take adequate measures to prevent narcotic drugs or other controlled substances from being sold illegally within such country to U.S. personnel or their dependents, or from being smuggled into the United States. Requires such prohibition to remain in effect until the President makes certain written certification to the Congress concerning increased enforcement measures by the country involved.

Amends the Urgent Supplemental Appropriations Act, 1986 to earmark specified funds for the payment of property loss claims arising from the explosion of Army munitions near Checotah, Oklahoma, to be paid without a determination of legal liability of the U.S. Government.

Prohibits funds appropriated in this Act from being obligated or expended in connection with construction at any military installation in Europe or Japan until the Secretary of Defense reports to the Senate and House Appropriations Committees, by November 15, 1986, citing specified actions proposed to be taken by the Department of Defense during FY 1987 to encourage other member nations of the North Atlantic Treaty Organization and Japan to assume a greater share of the common defense burden of such nation and the United States.

Title II: Central America - Sets forth U.S. policy toward Central America and toward Nicaragua. Declares that the United States will address its concerns about the Nicaraguan Government through economic, political, and diplomatic measures as well as through support for the Nicaraguan democratic resistance. Declares that the United States will: (1) engage in bilateral discussions with the Nicaraguan Government if that government simultaneously engages in a serious dialogue with representatives of all elements of the Nicaraguan democratic opposition; and (2) limit the assistance provided to the Nicaraguan democratic resistence and take other positive action in response to steps taken by the Nicaraguan Government toward meeting U.S. and regional concerns about Nicaragua. Provides that the duration of such discussions and changes in assistance to resistance forces shall be determined after consultation with the Congress. Sets forth specific Nicaraguan policies that will be examined.

Declares that U.S. actions under this title are directed not to determine the form or composition of the Nicaraguan Government but to achieve an agreement among Central American countries based on the 1983 Contadora Document of Objectives without the use of force by the United States.

Prohibits any member of the U.S. armed forces or any other Federal employee from entering Nicaragua to provide military advice, training, or logistical support to paramilitary groups inside that country.

Declares that it is U.S. policy to assist all groups within the Nicaraguan democratic resistance which: (1) are committed to work together for democratic national reconciliation in Nicaragua based on a specified document; and (2) respect international standards of conduct. Prohibits providing any assistance to any group that retains in its ranks anyone who engages in: (1) gross violations of internationally recognized human rights; or (2) drug smuggling or significant misuse of public or private funds.

Directs the President to use the authority provided by this title to further the broadening of the representative base of the Nicaraguan democratic resistance and to encourage the resistance to take additional steps to strengthen its unity and increase its appeal to the Nicaraguan people.

Earmarks specified amounts of the funds transferred by this title for the Southern Opposition Bloc and for the Indian resistance force known as Misurasata.

Transfers specified funds for aid to the Central American democracies (Costa Rica, El Salvador, Guatamala, and Honduras) in accordance with the provisions of the Economic Support Fund.

Directs the Secretary of State, the Administrator of the Agency for International Development, and the Director of the Office of Management and Budget to: (1) develop a plan for funding the aid to such democracies that was proposed in the 1984 report of the National Bipartisan Commission on Central America; and (2) provide a report to the President and the Congress describing this plan by March 1, 1987.

Transfers funds to the President to facilitate the participation of such democracies in regional meetings and negotiations to promote peace, stability, and security in Central America. Earmarks a specified portion of such funds to be used to establish a Central American Development Organization.

Transfers a specified amount to the President to provide aid to the Nicaraguan democratic resistance. Provides that: (1) not more than 40 percent of such funds may be available for obligation or expenditure upon enactment of this Act; (2) not more than an additional 20 percent may be available no earlier than October 15, 1986, and 15 days after transmittal to the Congress of a specified determination; and (3) not more than the remaining 40 percent may be so available no earlier than February 15, 1987, and 15 days after transmittal of a specified determination to the Congress. Provides that such funds shall remain available until September 30, 1987.

Makes the Secretary of State responsible for coordinating U.S. activities under this title. Requires each agency receiving funds under this title to establish auditing procedures governing the use of such funds.

Earmarks a specified amount of the Nicaraguan resistance funds for humanitarian assistance including a specified amount aimed at strengthening the observance of human rights by the resistance.

Sets forth the manner in which certain existing laws apply to the funds made available by this title.

Provides that if the President determines and reports to the Congress that a peaceful settlement of the Central American conflict has been reached: (1) the unobligated balance of funds transferred under this title shall be available for economic aid programs in Central America; (2) the President shall terminate any economic embargo of Nicaragua then in effect; and (3) the President shall take further actions to carry out U.S. policy with respect to all Central American countries.

Requires assistance to the Nicaraguan democratic resistance to be provided in a manner designed to encourage the Nicaraguan Government to respond favorably to opportunities to reach a negotiated settlement in Central America. Sets forth examples of such opportunities.

Limits assistance to the Nicaraguan democratic resistance under this title, until February 15, 1987, to: (1) humanitarian aid; (2) logistics advice and assistance; (3) support for democratic political and diplomatic activities; (4) communications, intelligence, and logistics training, services, equipment, and supplies; and (5) equipment and supplies necessary for defense against air attacks. Limits the type and value of such assistance to the matters specified in a classified Presidential message to the Congress dated June 24, 1986. Prohibits delivering any weapons or ammunition under this title to the Nicaraguan democratic resistance before September 1, 1986.

Provides that on or after October 15, 1986, additional funds may be made available to the Nicaraguan democratic resistance 15 days after the President reports to the Congress that: (1) the Central American countries have not concluded an agreement based on the Contadora Document of Objectives; (2) the Nicaraguan Government is not engaged in a serious dialogue with representatives of all elements of the Nicaraguan democratic opposition, accompanied by a cease-fire and an end to existing constraints on certain basic freedoms; and (3) there is no reasonable prospect of achieving such agreement, dialogue, cease-fire and end to constraints through diplomatic measures without additional aid to the Nicaraguan democratic resistance. Provides that such funds may be obligated or expended only if the President reports to the Congress that the Nicaraguan democratic resistance groups receiving assistance have agreed to and are beginning to implement: (1) measures to broaden their leadership base; (2) the coordination of their efforts; (3) the elimination of human rights abuses; (4) the pursuit of a program for achieving representative democracy in Nicaragua; (5) civilian control of military forces; and (6) the application of rigorous controls on assistance funds transferred to such resistance. Sets forth factors the President shall consider in determining the effectiveness and legitimacy of the political leadership of those groups receiving such assistance.

Provides that the limitations on the uses of the assistance to the Nicaraguan democratic resistance shall cease to apply on and after February 15, 1987, unless the Congress has enacted a joint resolution disapproving the provision of additional assistance, and the remaining funds may be obligated and expended for aid to the resistance 15 days after the President reports to the Congress that: (1) the Central American countries have not concluded an agreement based on the Contadora Document of Objectives; (2) the Nicaraguan Government is not engaged in a serious dialogue with representatives of all elements of the Nicaraguan demoncratic opposition, accompained by a cease-fire and an end to existing constraints on certain basic freedoms; and (3) there is no reasonable prospect of achieving such agreement, dialogue, cease-fire and end the constraints through diplomatic measures without additional aid to the Nicaraguan democratic resistance. Provides for expedited consideration of such joint resolution.

Prohibits any assistance (other than humanitarian and logistical assistance and support for political and democratic activities) to the Nicaraguan democratic resistance if: (1) the President determines that the Central American countries have concluded an agreement based on the Contadora Document of Objectives or that the Nicaraguan Government is engaged in a serious dialogue with the Nicaraguan democratic opposition, accompanied by a cease-fire and an end to existing constraints on certain basic freedoms; or (2) the Congress enacts a joint resolution disapproving provision of additional assistance. Provides for expedited consideration of such joint resolution. Declares that such prohibition on assistance shall not apply to: (1) communications, intelligence, and logistics training, services, equipment, and supplies if the Nicaraguan Government fails to observe an applicable cease-fire; or (2) air defense assistance if the Nicaraguan Government acquires additional equipment or material to carry out air attacks.

Establishes the Commission on Central American Negotiations to monitor and report on the coordination and reform efforts of the Nicaraguan democratic resistance and on the status of any Central American peace negotiations. Requires the Commission to report to the Congress, within five days of receipt by the Congress of Presidential reports relating to Central American peace negotiations, on certain matters included in such Presidential reports. Requires the Commission to report to the Congress by September 30, 1986: (1) on whether the Nicaraguan democratic resistance groups receiving assistance under this title have agreed to and are beginning to implement certain measures; and (2) an evaluation of certain factors relating to the leadership ability of the resistance.

Directs the President to report to the Congress, with each determination required by this title relating to continued funding for the Nicaraguan democractic resistance, on actions taken to resolve the Central American conflict. Sets forth information to be included in such reports.

Provides for expedited consideration in the Congress of (1) any request for additional assistance for the Nicaraguan democratic resistance submitted by the President to the Congress on or after enactment of this title; and (2) any request by the President for additional economic aid for the Central American democracies to carry out recommendations contained in the inter-agency report on implementing proposals of the 1984 National Bipartisan Committee on Central America.

Prohibits U.S. personnel (other than those auditing the aid given the Nicaraguan democratic resistance) from providing training or other service or otherwise participating in the provision of aid to the Nicaraguan democratic resistance in Honduras or Costa Rica within 20 miles of the border with Nicaragua.

Title III: Emergency Reserve For African Famine Relief - Amends Federal law to increase the funds appropriated for the emergency reserve for African famine relief. Requires that a specified amount of such reserve shall remain available for obligation until September 30, 1987.