Department of Defense Appropriations Act, 1987

Department of Defense Appropriation Act, 1987 - Title I: Military Personnel - Appropriates funds for FY 1987 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 1987 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, environmental restoration (with specified conditions), and humanitarian aid for Afghan refugees.

Title III: Procurement - Appropriates funds for FY 1987 for the procurement by the Army of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and other equipment and materials.

Appropriates 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 funds for Marine Corps procurement.

Appropriates funds for aircraft procurement for the Air Force.

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

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

Makes all such appropriations available through FY 1989, unless otherwise specified.

Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1987 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies. Permits the merger of appropriations for advanced research. Earmarks a specified amount of the research funds for the purpose of facilitating conventional defense initiatives and conventional applications of the technologies developed under the Strategic Defense Initiative. Earmarks a specified amount of funds for the National Aerospace Plane (NASP) if the Secretary certifies that the Department of Defense (DOD) and the National Aeronautics and Space Administration (NASA) have negotiated revised funding arrangements for the NASP. Appropriates funds for the expenses of the Deputy Under Secretary of Defense for Developmental Test and Evaluation and the Director of Operational Test and Evaluation.

Makes all such appropriations available through FY 1988.

Title V: Special Foreign Currency Program - Appropriates funds for FY 1987 for excess payments in foreign currencies for expenses in carrying out the programs of DOD.

Title VI: Space Transportation System - Appropriates funds for FY 1987 for the Space Transportation System, Defense Shuttle Orbiter. Withholds the funds for space shuttle orbiter procurement until August 1, 1987, and until the Administrator of NASA and the Secretary of the Air Force jointly certify to the Congress that implementation of the recommendations of the Presidential Commission on the Space Shuttle Challenger Accident is proceeding satisfactorily and that procurement of a replacement orbiter is in the national security interest.

Title VII: Chemical Agents and Munitions Destruction, Defense - Appropriates funds for the destruction of the U.S. stockpile of lethal chemical agents and munitions.

Title VIII: Related Agencies - Appropriates funds for the intelligence community staff, the Central Intelligence Agency Retirement and Disability System Fund, and the Barry Goldwater Scholarship and Excellence in Education Fund.

Title IX: 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.

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.

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

Prohibits the obligation of no 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.

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 1988, 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 waivers of certain cost recovery under the Arms Export Control Act unless the Appropriations Committees are given advanced notice.

Provides that for compensation purposes Michael J. Smith, pilot of the space shuttle, Challenger, shall be deemed to have held the grade of captain, U.S. Navy.

Prohibits the use of appropriations for the transfer of manufacturing equipment and data for military equipment to a foreign country without the prior approval of the Secretary concerned.

Prohibits the use of DOD funds to: (1) transfer to a foreign country a technical data package for a defense item being manufactured or developed in a Government-owned and operated defense plant manufacturing large caliber cannons; or (2) help a foreign country produce such a defense item. Exempts from such prohibition certain aid provided under coproduction agreements. Requires the Secretary of the Army to notify the Congress of each coproduction agreement and to submit a semiannual report to the Congress on all such transfers of technical data packages and coproduction agreements.

Prohibits the use of appropriations for 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; and (4) converting certain military technician positions to nonmilitary positions in support of the reserves and the guards.

Limits the civilian end strength of DOD as of September 30, 1987. Imposes a DOD civilian workyear ceiling for FY 1987.

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

Rescinds specified amounts from specified DOD accounts.

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 commercial alternatives are available; (2) congressional lobbying; and (3) certain multiyear leasing or chartering of vessels with termination liabilities in excess of a specified amount.

Prohibits the Secretary of Defense from selling or conveying, except to Hawaii or Honolulu, 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; and (5) purchasing dogs or cats to study the medical treatment of wounds.

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 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.

Permits the transfer of funds from the Operation and Maintenance, Defense Agencies account to the operation and maintenance appropriations under the military departments in connection with health and medical care delivery demonstration projects.

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 appropriations for procurement of weapons systems for side-by-side testing of such systems with NATO countries, without prior notification to the Appropriations Committees.

Expresses the sense of the Congress that: (1) the Secretary should award defense contracts in FY 1987 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; and (2) to make contributions to the Department of Defense Education Benefits Funds for certain members of the armed forces.

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

Revises armed forces pay and allowance provisions to authorize a contingent flat-rate per diem allowance in lieu of subsistence allowance for travel as a member of the uniformed services, as long as a certain certification is made by the Secretary of Defense to the Senate and House Armed Services Committees concerning a cost comparison of the two months of computing such allowances.

Directs DOD to conduct a pilot test project for providing home health care to certain military dependents.

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 perdiods, upon certain conditions.

Prohibits the funds appropriated by this Act from being available to pay more than 50 percent of the lump-sum reenlistment bonus for any member of the armed forces.

Prohibits the use of appropriated funds for conversion to contractor performance of an activity or function of DOD that is currently performed by more than ten DOD civilian employees until a cost analysis is completed and certified to the Appropriations Committees.

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.

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

Prohibits the use of appropriations for procurement of 120mm mortars or 120mm mortar ammunition manufactured outside the United States.

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

Limits the amount of funds made available under title II of this Act that the military departments may use for the travel and transportation of dependent children of members stationed overseas.

Prohibits the use of Navy funds for a contract for the overhaul, repair, or maintenanance of any naval vessel on the West Coast which includes charges for interport differential as an evaluation factor for award.

Prohibits the use of funds made available by this Act to alter the command structure for military forces in Alaska.

Prohibits the use of appropriated funds to carry out a program to paint a naval vessel with a certain type of paint until the Environmental Protection Agency certifies that the paint does not pose an unnacceptable hazard to the marine environment.

Prohibits the exclusive earmarking of Strategic Defense Initiative (SDI) appropriations for contracts with non-U.S. contractors, subcontractors, vendors, or consortia prior to source selection in order to meet a specific allocation of funds to an allied nation. Expresses the sense of the Congress that, whenever possible, SDI contracts should be awarded to U.S. contractors, subcontractors, and vendors unless such awards would degrade the likely results obtained from such contracts, and provided allied nations are encouraged to competitively participate in SDI research.

Requires the funds appropriated by this Act to be available for a special classified purpose as set forth in specified classified correspondence between DOD and the Appropriations Committee.

Permits the Secretary to procure ammunition containing a depleted uranium penetrator component if specified conditions are met.

Prohibits the use of appropriated funds for any nonappropriated fund activity of the Department that procures alcoholic beverages for reseale 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.

Makes funds available to the Defense Logistics Agency for the agency's productivity-based incentive awards programs for civilian employees.

Permits the transfer of certain unobligated FY 1983 DOD funds to the Foreign Currency Fluctuations, Defense account, under specified conditions.

Authorizes the use of funds appropriated by this Act for particular intelligence activities described in this Act during any period in which an Intelligence Authorization Act has not been enacted.

Limits the extent to which the costs incurred by DOD contractors for personnel salaries and other monetary incentives shall be considered reasonable and allowable.

Earmarks additional funds for military and civilian pay raises as authorized by law.

Prohibits the use of funds appropriated by this Act for: (1) payment of a variable housing allowance at rates greater than the rates in effect on August 1, 1986; and (2) payment of temporary lodging expenses.

Requires the Secretary of Defense to take the necessary action to implement a specified plan to rehabilitate and convert current steam generating plants at U.S. defense facilities, to coal burning facilities, provided certain conditions are met.

Requires DOD to convey specified real property to Onondaga County, New York.

Prohibits the use of funds appropriated by this Act for real property maintenance or minor construction of facilities used by non-appropriated fund activities.

Establishes the minimum requirement for the amount to be used from working capital funds for the acquisition of capital equipment.

Prohibits the use of DOD funds for progress payments in excess of 70 percent (80 percent in the case of small businesses) for contracts and contract modifications entered into after the effective date of this Act, provided certain conditions are met.

Authorizes the Secretary of the Navy to: (1) transfer certain land located in the U.S. Naval Base, Philadelphia, Pennsylvania to the Philadelphia Municipal Authority; and (2) enter into a long-term contract with the Philadelphia Municipal Authority for the purchase of steam generated by a facility to be built on such land.

Extends through September 30, 1987, the authority of the Secretary of the Navy to reimburse a member of the armed services on sea duty for the cost of temporary lodging if such member is deprived of quarters on board ship because of repairs.

Imposes certain conditions on the funds appropriated by this Act for chemical weapons production.

Requires the Administrator of General Services to release to the Virginia Port Authority all residuary U.S. rights of use in three warehouses located in the Norfolk International Terminals.

Requires the Administrator of General Services, during FY 1987 and during each of the six succeeding fiscal years, to award contracts through a competitive bidding process for the conversion of chromium and manganese ores held in the National Defense Stockpile into high carbon ferrochromium and high carbon ferromanganese. Sets forth the minimum quantities of such materials that shall be produced over such period of time.

Provides that funds made available for transfer from the Army to the Bureau of Land Management for the relocation of the district office at Fort Wainwright, Alaska shall remain available until spent.

Prohibits the use of funds appropriated by this Act to implement or enforce specified rules relating to DOD purchase of utilities.

Expresses the sense of the Congress that: (1) the capabilities inherent in the technologies associated with the Advanced Technology Bomber and the Advanced Cruise Missile Program are a critical national security asset; (2) such technologies and programs should be developed as rapidly as feasible; (3) such technologies and programs should be funded at the levels authorized in this Act; and (4) all the funds appropriated for such programs should be fully used for such programs. Prohibits the diversion for any other purpose of the funds appropriated by this Act for such programs. Prohibits the use of DOD funds for any purpose related to B-1B bombers beyond the 100 such bombers previously authorized.

Requires the Chairman of the Joint Chiefs of Staff to submit to the Congress by October 1, 1986, a detailed assessment of the military impacts on the national security of the possible Soviet responses to an American decision to no longer comply with major provisions of existing strategic offensive arms limitation agreements. Sets forth information to be included in such assessment. Prohibits the Organization of the Joint Chiefs of Staff from obligating or spending any funds for studies by contractors after October 1, 1986, if such assessment has not been received by the Congress.

Amends the Department of Defense Authorization Act, 1986, to require the report on SDI to include information on cost goals, objectives, and estimates.

Directs the Secretary of Defense to make grants to the Henry M. Jackson Foundation. Authorizes FY 1987 appropriations for such grants.

Directs the President, within 180 days of enactment of this Act, to establish a unified combatant command for special operations forces. Sets forth provisions governing the responsibilities of the unified combatant command and the command structure of such group. Directs the President to establish a Board for Unconventional Warfare within the National Security Council. Requires such Board to coordinate U.S. unconventional warfare policies.

Requires one of the Assistant Secretaries of Defense to be an Assistant Secretary of Defense for Operations and Low-Intensity Conflict.

Expresses the sense of the Congress that the President should designate within the Office of the President a Deputy Assistant to the President for National Security Affairs for Unconventional Warfare.

Provides for DOD funding of the programs and activities under the Special Operations Forces Master Plan.

Requires the President to report to the Armed Services Committees by March 1, 1987, on the actions taken to deal with the deficiencies in planning for unconventional warfare and to implement certain actions required by this Act.

Requires the Secretary of Defense to award to a U.S. firm a contract under the DOD overseas fuel procurement program that would otherwise go to a foreign firm, if certain conditions are met.

Prohibits the use of funds appropriated in this Act for any country if the President determines that such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances from being sold in such country to U.S. personnel or their dependents or from being smuggled into the United States. Exempts countries from such sanction if application of such sanction would be inconsistent with national security interests.

Prohibits the use of DOD funds to procure specified Federal Supply Classes of machine tools for use in any government-owned facility or property if the machine tools were not manufactured in the United States or Canada. Authorizes waiver of such procurement restriction on a case by case basis when adequate domestic supplies are not available.

Authorizes the Secretary of the Army to use funds appropriated for the Louisiana Army Ammunition Plant for the provision and operation of energy production facilities at such plant.

Earmarks a specified amount to be used by DOD to implement the recommendations of its Security Review Commission concerning personnel and industrial security programs.

Prohibits the expenditure of funds to implement a specified Department of Defense Federal Acquisition Regulation Supplement; Cargo Preference. Requires the Secretary to use funds appropriated by this Act for the transportation of military cargo between the United States and Iceland in accordance with the Cargo Preference Act of 1904 and in accordance with any other authorized arrangements.