H. R. 3230
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To authorize appropriations for fiscal year 1997 for military activities of the
Department of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 1997’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Subtitle B—Army Programs
Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.
Subtitle C—Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA–6B aircraft reactive jammer program.
Sec. 124. T–39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.
H. R. 3230—2
Subtitle D—Air Force Programs
Sec. 131. Repeal of limitation on procurement of F–15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C–17 aircraft pro-
gram.
Subtitle E—Other Matters
Sec. 141. Assessments of modernization priorities of the Reserve components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and Manufactur-
ing Support Initiative.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V–22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F–22 aircraft.
Sec. 216. Limitation on funding for F–16 tactical manned reconnaissance aircraft.
Sec. 217. Cost analysis of F–22 aircraft program.
Sec. 218. F–22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A–18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber Optic
Guided Missile (EFOG–M) system.
Sec. 225. Hydra–70 rocket product improvement program.
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects Agency re-
lating to chemical and biological warfare defense technology.
Sec. 229. Certification of capability of United States to prevent illegal importation
of nuclear, biological, or chemical weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.
Subtitle C—Ballistic Missile Defense Programs
Sec. 241. Funding for ballistic missile defense programs for fiscal year 1997.
Sec. 242. Certification of capability of United States to defend against single
ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment of establish-
ment of National Missile Defense Joint Program Office.
Sec. 248. ABM Treaty defined.
Subtitle D—Other Matters
Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate Competitive
Research.
Sec. 265. Elimination of report on the use of competitive procedures for the award
of certain contracts to colleges and universities.
Sec. 266. Pilot program for transfer of defense technology information to private in-
dustry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic games.
H. R. 3230—3
Sec. 270. Annual joint warfighting science and technology plan.
Subtitle E—National Oceanographic Partnership Program
Sec. 281. Findings.
Sec. 282. National Oceanographic Partnership Program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR–71 contingency reconnaissance force.
Subtitle B—Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval shipyards to engage
in defense-related production and services.
Sec. 312. Test programs for modernization-through-spares.
Subtitle C—Environmental Provisions
Sec. 321. Defense contractors covered by requirement for reports on contractor re-
imbursement costs for response actions.
Sec. 322. Establishment of separate environmental restoration accounts for each
military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for defense environ-
mental restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air emissions
during shipyard blasting and coating operations.
Sec. 327. Agreements for services of other agencies in support of environmental
technology certification.
Sec. 328. Repeal of redundant notification and consultation requirements regarding
remedial investigations and feasibility studies at certain installations to
be closed under the base closure laws.
Sec. 329. Authority for agreements with Indian tribes for services under environ-
mental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on National Priorities
List.
Sec. 331. Clarification of meaning of uncontaminated property for purposes of
transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before completion of
required response actions.
Subtitle D—Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies to provide or obtain goods and services to
promote efficient operation and management of exchanges and morale,
welfare, and recreation activities.
Sec. 342. Noncompetitive procurement of brand-name commercial items for resale
in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle E—Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of printing and
duplication services.
Sec. 352. Reporting requirements under demonstration project for purchase of fire,
security, police, public works, and utility services from local government
agencies.
Subtitle F—Other Matters
Sec. 361. Authority for use of appropriated funds for recruiting functions.
Sec. 362. Training of members of the uniformed services at non-Government facili-
ties.
Sec. 363. Requirement for preparation of plan for improved operation of working-
capital funds and effect of failure to produce an approved plan.
H. R. 3230—4
Sec. 364. Increase in capital asset threshold under Defense Business Operations
Fund.
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in National
Capital Region.
Sec. 370. Administration of midshipmen’s store and other naval academy support
activities as nonappropriated fund instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian students at
Foreign Language Institute of the Defense Language Institute.
Sec. 372. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense civilian
employees.
Sec. 373. Renovation of building for Defense Finance and Accounting Service
Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services at Lincoln
Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional contin-
gencies.
Sec. 403. Authorized strengths for commissioned officers on active duty in grades
of major, lieutenant colonel, and colonel and Navy grades of lieutenant
commander, commander, and captain.
Sec. 404. Extension of requirement for recommendations regarding appointments to
joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active duty in the
Marine Corps.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to serve in
Selective Service System.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Grade of Chief of Naval Research.
Sec. 502. Chief and Assistant Chief of Army Nurse Corps and Air Force Nurse
Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with critical skills.
Sec. 504. Time for award of degrees by unaccredited educational institutions for
graduates to be considered educationally qualified for appointment as
Reserve officers in grade O–3.
Sec. 505. Exception to baccalaureate degree requirement for appointment in the
Naval Reserve in grades above O–2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in simultaneous
membership program.
Sec. 508. Continuation on active status for certain Reserve officers of the Air Force.
Sec. 509. Reports on response to recommendations concerning improvements to
Department of Defense joint manpower process.
Sec. 510. Frequency of reports to Congress on joint officer management policies.
Subtitle B—Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10 years of
service.
Sec. 512. Authority to extend period for entry on active duty under the delayed
entry program.
H. R. 3230—5
Subtitle C—Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of members of
National Guard called into Federal service.
Subtitle D—Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training creditable
toward Reserve retirement.
Sec. 532. Retirement of Reserve enlisted members who qualify for active duty re-
tirement after administrative reduction in enlisted grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E—Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization income insurance
program.
Sec. 543. Reserve credit for participation in Health Professions Scholarship and
Financial Assistance Program.
Sec. 544. Amendments to Reserve Officer Personnel Management Act provisions.
Sec. 545. Report on number of advisers in active component support of Reserves
pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights for mobi-
lized Reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance Program.
Subtitle F—Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers’ Training Corps
program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or termi-
nation of senior ROTC units pending report on ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include graduate
students.
Sec. 554. Demonstration project for instruction and support of Army ROTC units
by members of the Army Reserve and National Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or midshipman in
the Senior Reserve Officers’ Training Corps and the service academies.
Sec. 556. Expansion of eligibility for education benefits to include certain Reserve
Officers’ Training Corps (ROTC) participants.
Sec. 557. Comptroller General report on cost and policy implications of permitting
up to five percent of service academy graduates to be assigned directly
to Reserve duty upon graduation.
Subtitle G—Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African American
soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations to specified
persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H—Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for educational or
emergency purposes.
Sec. 573. Clarification of authority of a Reserve judge advocate to act as a military
notary public when not in a duty status.
Sec. 574. Panel on jurisdiction of courts-martial for the National Guard when not
in Federal service.
Sec. 575. Authority to expand law enforcement placement program to include fire-
fighters.
Sec. 576. Improvements to program to assist separated military and civilian per-
sonnel to obtain employment as teachers or teachers’ aides.
Sec. 577. Retirement at grade to which selected for promotion when a physical dis-
ability is found at any physical examination.
Sec. 578. Revisions to missing persons authorities.
Subtitle I—Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on crediting cadet or
midshipmen service at the service academies.
H. R. 3230—6
Sec. 582. Exception to strength limitations for Public Health Service officers as-
signed to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health Service officers.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain members without
dependents who serve on sea duty.
Sec. 605. Uniform applicability of discretion to deny an election not to occupy
Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing allow-
ance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military orders
from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service and National
Oceanic and Atmospheric Administration officers.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at Government
expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half months basic
allowance for quarters.
Sec. 623. Allowance for travel performed in connection with leave between consecu-
tive overseas tours.
Sec. 624. Funding for transportation of household effects of Public Health Service
officers.
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustment for fiscal year
1998.
Sec. 632. Clarification of initial computation of retiree COLAs after retirement.
Sec. 633. Suspension of payment of retired pay of members who are absent from
the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be effective concur-
rently with payment of retired pay cost-of-living increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses’ Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of retired pay to
enhance civil service retirement annuity.
Sec. 638. Administration of benefits for so-called minimum income widows.
Subtitle E—Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions through
private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes from certain
separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing clothing or allow-
ances for enlisted National Guard technicians.
Sec. 655. Technical correction to prior authority for payment of back pay to certain
persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who did not
previously receive compensation as a prisoner of war.
Sec. 657. Payments to certain persons captured and interned by North Vietnam.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Preventive health care screening for colon and prostate cancer.
H. R. 3230—7
Sec. 702. Implementation of requirement for Selected Reserve dental insurance
plan.
Sec. 703. Dental insurance plan for military retirees and unremarried surviving
spouses and certain other dependents of military retirees.
Sec. 704. Plan for health care coverage for children with medical conditions caused
by parental exposure to chemical munitions while serving as members
of the Armed Forces.
Subtitle B—TRICARE Program
Sec. 711. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 712. Improved information exchange between military treatment facilities and
TRICARE program contractors.
Sec. 713. Plans for medicare subvention demonstration programs.
Subtitle C—Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services health care
delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D—Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain clinical trials.
Sec. 732. Exception to maximum allowable payments to individual health-care
providers under CHAMPUS.
Sec. 733. Codification of annual authority to credit CHAMPUS refunds to current
year appropriation.
Sec. 734. Exceptions to requirements regarding obtaining nonavailability-of-health-
care statements.
Sec. 735. Enhancement of third-party collection and secondary payer authorities
under CHAMPUS.
Subtitle E—Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed Forces Health
Professions Scholarship and Financial Assistance program and Uni-
formed Services University of the Health Sciences.
Sec. 742. External peer review for defense health program extramural medical
research involving human subjects.
Sec. 743. Independent research regarding Gulf War syndrome.
Sec. 744. Comptroller General review of health care activities of Department of
Defense relating to Gulf War illnesses.
Sec. 745. Report regarding specialized treatment facility program.
Sec. 746. Study of means of ensuring uniformity in provision of medical and dental
care for members of Reserve components.
Sec. 747. Sense of Congress regarding tax treatment of Armed Forces Health
Professions Scholarship and Financial Assistance program.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Management
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Authority to waive certain requirements for defense acquisition pilot pro-
grams.
Sec. 804. Modification of authority to carry out certain prototype projects.
Sec. 805. Increase in threshold amounts for major systems.
Sec. 806. Revisions in information required to be included in selected acquisition
reports.
Sec. 807. Increase in simplified acquisition threshold for humanitarian or peace-
keeping operations.
Sec. 808. Expansion of audit reciprocity among Federal agencies to include post-
award audits.
Sec. 809. Excessive compensation of certain contractor personnel.
Sec. 810. Exception to prohibition on procurement of foreign goods.
H. R. 3230—8
Subtitle B—Other Matters
Sec. 821. Prohibition on release of contractor proposals under Freedom of Informa-
tion Act.
Sec. 822. Amendments relating to reports on procurement regulatory activity.
Sec. 823. Amendment of multiyear limitation on contracts for inspection, mainte-
nance, and repair.
Sec. 824. Streamlined notice requirements to contractors and employees regarding
termination or substantial reduction in contracts under major defense
programs.
Sec. 825. Repeal of notice requirements for substantially or seriously affected par-
ties in downsizing efforts.
Sec. 826. Study of effectiveness of defense mergers.
Sec. 827. Annual report relating to Buy American Act.
Sec. 828. Foreign environmental technology.
Sec. 829. Assessment of national defense technology and industrial base and
dependency of base on supplies available only from foreign countries.
Sec. 830. Expansion of report on implementation of automated information systems
to include additional matters regarding information resources manage-
ment.
Sec. 831. Year 2000 software conversion.
Sec. 832. Procurement from firms in industrial base for production of small arms.
Sec. 833. Cable television franchise agreements.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—General Matters
Sec. 901. Repeal of previously enacted reduction in number of statutory positions
in Office of the Secretary of Defense.
Sec. 902. Additional required reduction in defense acquisition workforce.
Sec. 903. Reduction of personnel assigned to Office of the Secretary of Defense.
Sec. 904. Report on military department headquarters staffs.
Sec. 905. Matters to be considered in next assessment of current missions, respon-
sibilities, and force structure of the unified combatant commands.
Sec. 906. Transfer of authority to control transportation systems in time of war.
Sec. 907. Codification of requirements relating to continued operation of the
Uniformed Services University of the Health Sciences.
Sec. 908. Joint Requirements Oversight Council.
Sec. 909. Membership of the Ammunition Storage Board.
Sec. 910. Removal of Secretary of the Army from membership on the Foreign Trade
Zone Board.
Sec. 911. Composition of aircraft accident investigation boards.
Sec. 912. Mission of the White House Communications Agency.
Subtitle B—Force Structure Review
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Quadrennial Defense Review.
Sec. 924. National Defense Panel.
Sec. 925. Postponement of deadlines.
Sec. 926. Definitions.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year 1996 defense
appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations for fiscal
year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air Force ammu-
nition accounts.
Sec. 1006. Format for annual budget requests for Defense Airborne Reconnaissance
Program.
Sec. 1007. Limitation on use of Department of Defense funds transferred to the
Coast Guard.
Sec. 1008. Fisher House Trust Fund for the Department of the Navy.
Sec. 1009. Designation and liability of disbursing and certifying officials for the
Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against deceased
members of the Coast Guard.
H. R. 3230—9
Sec. 1011. Department of Defense disbursing official check cashing and exchange
transactions.
Subtitle B—Naval Vessels and Shipyards
Sec. 1021. Repeal of requirement for continuous applicability of contracts for
phased maintenance of AE class ships.
Sec. 1022. Funding for second and third maritime prepositioning ships out of
National Defense Sealift Fund.
Sec. 1023. Transfer of certain obsolete tugboats of the Navy.
Sec. 1024. Transfer of U.S.S. Drum to city of Vallejo, California.
Sec. 1025. Sense of Congress concerning USS LCS 102 (LSSL 102).
Subtitle C—Counter-Drug Activities
Sec. 1031. Authority to provide additional support for counter-drug activities of
Mexico.
Sec. 1032. Availability of funds for certain drug interdiction and counter-drug
activities.
Sec. 1033. Transfer of excess personal property to support law enforcement
activities.
Sec. 1034. Sale by Federal departments or agencies of chemicals used to manufac-
ture controlled substances.
Subtitle D—Reports and Studies
Sec. 1041. Annual report on Operation Provide Comfort and Operation Enhanced
Southern Watch.
Sec. 1042. Annual report on emerging operational concepts.
Sec. 1043. Report on Department of Defense military child care programs.
Sec. 1044. Report on Department of Defense military youth programs.
Sec. 1045. Quarterly reports regarding coproduction agreements.
Sec. 1046. Report on witness interview procedures for Department of Defense
criminal investigations.
Sec. 1047. Report on military readiness requirements of the Armed Forces.
Sec. 1048. Report on NATO enlargement.
Subtitle E—Management of Armed Forces Retirement Home
Sec. 1051. Retirement Home Boards of Directors.
Sec. 1052. Acceptance of uncompensated services.
Sec. 1053. Disposal of tract of real property in the District of Columbia.
Subtitle F—Other Matters
Sec. 1061. Policy on protection of national information infrastructure against
strategic attack.
Sec. 1062. Information systems security program.
Sec. 1063. Authority to accept services from foreign governments and international
organizations for defense purposes.
Sec. 1064. Prohibition on collection and release of detailed satellite imagery
relating to Israel.
Sec. 1065. George C. Marshall European Center for Strategic Security Studies.
Sec. 1066. Authority to award to civilian participants in the defense of Pearl Har-
bor the Congressional Medal previously authorized only for military
participants in the defense of Pearl Harbor.
Sec. 1067. Assimilative crimes authority for traffic offenses on military installa-
tions.
Sec. 1068. Uniform Code of Military Justice amendments.
Sec. 1069. Punishment of interstate stalking.
Sec. 1070. Participation of members, dependents, and other persons in crime pre-
vention efforts at installations.
Sec. 1071. Display of State flags at installations and facilities of the Department
of Defense.
Sec. 1072. Treatment of excess operational support airlift aircraft.
Sec. 1073. Correction to statutory references to certain Department of Defense
organizations.
Sec. 1074. Technical and clerical amendments.
Sec. 1075. Modification to third-party liability to United States for tortious inflic-
tion of injury or disease on members of the uniformed services.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Sec. 1077. Exemption from requirements applicable to savings associations for cer-
tain savings institutions serving military personnel.
Sec. 1078. Improvements to National Security Education Program.
Sec. 1079. Aviation and vessel war risk insurance.
H. R. 3230—10
Sec. 1080. Designation of memorial as National D–Day Memorial.
Sec. 1081. Sense of Congress regarding semiconductor trade agreement between
United States and Japan.
Sec. 1082. Agreements for exchange of defense personnel between the United
States and foreign countries.
Sec. 1083. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1084. Defense burdensharing.
TITLE XI—NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and evaluation
of certain intelligence officials.
Subtitle A—Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act of 1947.
Sec. 1115. Creditable civilian service for career conditional employees of the
Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B—Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
TITLE XII—RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A—Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and Reserve general and flag officer authoriza-
tions.
Sec. 1214. Guard and Reserve technicians.
Subtitle B—Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and Reserve
ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of members
of Reserve components.
Sec. 1233. Report to Congress concerning income insurance program for activated
Reservists.
Sec. 1234. Report to Congress concerning small business loans for members
released from Reserve service during contingency operations.
Subtitle C—Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable expenses.
Sec. 1252. Authority to pay transient housing charges for members performing
active duty for training.
Sec. 1253. Sense of Congress concerning quarters allowance during service on
active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and Reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve components
in future-years defense programs.
TITLE XIII—ARMS CONTROL AND RELATED MATTERS
Subtitle A—Arms Control, Counterproliferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic nuclear delivery
systems.
H. R. 3230—11
Sec. 1303. Strengthening certain sanctions against nuclear proliferation activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian and civic
assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People’s Republic of China.
Sec. 1306. Presidential report regarding weapons proliferation and policies of the
People’s Republic of China.
Sec. 1307. United States-People’s Republic of China Joint Defense Conversion Com-
mission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to improve
security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National Intelligence Esti-
mate 95–19.
Subtitle B—Commission to Assess the Ballistic Missile Threat to the United
States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
TITLE XIV—DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A—Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear, radiological,
chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in emergency
situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B—Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border security.
Sec. 1422. Extension of coverage of International Emergency Economic Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C—Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative Threat
Reduction programs on elimination or transportation of nuclear
weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D—Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E—Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction programs.
Sec. 1453. Sense of Congress concerning assistance to states of former Soviet
Union.
H. R. 3230—12
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly enriched
uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and transportation of
fissile materials at risk of theft.
TITLE XV—COOPERATIVE THREAT REDUCTION WITH STATES OF
FORMER SOVIET UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are submitted.
Sec. 1505. Availability of funds.
TITLE XVI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A—Miscellaneous Matters Relating to Personnel Management, Pay,
and Allowances
Sec. 1601. Modification of requirement for conversion of military positions to
civilian positions.
Sec. 1602. Retention of civilian employee positions at military training bases trans-
ferred to National Guard.
Sec. 1603. Clarification of applicability of certain management constraints on major
range and test facility base structure.
Sec. 1604. Travel expenses and health care for civilian employees of the Depart-
ment of Defense abroad.
Sec. 1605. Travel, transportation, and relocation allowances for certain former
nonappropriated fund employees.
Sec. 1606. Employment and salary practices applicable to Department of Defense
overseas teachers.
Sec. 1607. Employment and compensation of civilian faculty members at certain
Department of Defense schools.
Sec. 1608. Reimbursement of Department of Defense domestic dependent school
board members for certain expenses.
Sec. 1609. Modification of authority for civilian employees of Department of
Defense to participate voluntarily in reductions in force.
Sec. 1610. Wage-board compensatory time off.
Sec. 1611. Liquidation of restored annual leave that remains unused upon transfer
of employee from installation being closed or realigned.
Sec. 1612. Waiver of requirement for repayment of Voluntary Separation Incentive
pay by former Department of Defense employees reemployed by the
Government without pay.
Sec. 1613. Simplification of rules relating to the observance of certain holidays.
Sec. 1614. Revision of certain travel management authorities.
Sec. 1615. Failure to comply with veterans’ preference requirements to be treated
as a prohibited personnel practice.
Sec. 1616. Pilot programs for defense employees converted to contractor employees
due to privatization at closed military installations.
Subtitle B—Department of Defense Intelligence Personnel Policy
Sec. 1631. Short title.
Sec. 1632. Management of civilian intelligence personnel.
Sec. 1633. Repeal of superseded sections and clerical and conforming amendments.
Sec. 1634. Other personnel management authorities.
Sec. 1635. Effective date.
TITLE XVII—FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1701. Short title.
Subtitle A—Relocation Benefits
Sec. 1711. Allowance for seeking permanent residence quarters.
Sec. 1712. Temporary quarters subsistence expenses allowance.
Sec. 1713. Modification of residence transaction expenses allowance.
Sec. 1714. Authority to pay for property management services.
Sec. 1715. Authority to transport a privately owned motor vehicle within the
continental United States.
Sec. 1716. Authority to pay limited relocation allowances to an employee who is
performing an extended assignment.
Sec. 1717. Authority to pay a home marketing incentive.
Sec. 1718. Revision and reenactment of additional provisions relating to relocation
expenses.
H. R. 3230—13
Subtitle B—Miscellaneous Provisions
Sec. 1721. Repeal of the long-distance telephone call certification requirement.
Sec. 1722. Transfer of authority to prescribe regulations.
Sec. 1723. Conforming and clerical amendments.
Sec. 1724. Assessment of cost savings.
Sec. 1725. Effective date and issuance of regulations.
TITLE XVIII—FEDERAL CHARTER FOR THE FLEET RESERVE
ASSOCIATION
Sec. 1801. Recognition and grant of Federal charter.
Sec. 1802. Powers.
Sec. 1803. Purposes.
Sec. 1804. Service of process.
Sec. 1805. Membership.
Sec. 1806. Board of directors.
Sec. 1807. Officers.
Sec. 1808. Restrictions.
Sec. 1809. Liability.
Sec. 1810. Maintenance and inspection of books and records.
Sec. 1811. Audit of financial transactions.
Sec. 1812. Annual report.
Sec. 1813. Reservation of right to alter, amend, or repeal charter.
Sec. 1814. Tax-exempt status required as condition of charter.
Sec. 1815. Termination.
Sec. 1816. Definition of State.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Land acquisition, National Ground Intelligence Center, Charlottesville,
Virginia.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island, California.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Elimination of authority to carry out fiscal year 1995 project,
Spangdahlem Air Force Base, Germany.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
Sec. 2407. Reduction in amounts authorized to be appropriated for fiscal year 1996
Defense Agencies military construction, land acquisition, and military
family housing functions.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
H. R. 3230—14
Sec. 2602. Authorization and funding for construction and improvement of Naval
Reserve Centers.
Sec. 2603. Upgrade Air National Guard facilities, Bangor International Airport,
Maine.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2705. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain thresholds for unspecified minor construction
projects.
Sec. 2802. Redesignation of North Atlantic Treaty Organization Infrastructure
program.
Sec. 2803. Improvements to family housing units.
Sec. 2804. Availability of funds for planning, execution, and administration of con-
tracts for family housing and unaccompanied housing.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment transfers under
1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on closed
installations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification assistance
is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in connection
with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of Mississippi Army Ammu-
nition Plant.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington, Virginia.
Sec. 2822. Land transfer, Fort Sill, Oklahoma.
Sec. 2823. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2824. Land conveyance, Army Reserve Center, Anderson, South Carolina.
Sec. 2825. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2826. Land conveyance, Crafts Brothers Reserve Training Center, Manchester,
New Hampshire.
Sec. 2827. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2828. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
PART II—NAVY CONVEYANCES
Sec. 2831. Land transfer, Potomac Annex, District of Columbia.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard, Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons Industrial
Reserve Plant, Calverton, New York.
Sec. 2834. Land conveyance, former naval reserve facility, Lewes, Delaware.
Sec. 2835. Modification of land conveyance authority, Naval Reserve Center,
Seattle, Washington.
Sec. 2836. Release of condition on reconveyance of transferred land, Guam.
Sec. 2837. Lease to facilitate construction of Reserve center, Naval Air Station,
Meridian, Mississippi.
PART III—AIR FORCE CONVEYANCES
Sec. 2841. Land conveyance, Radar Bomb Scoring Site, Belle Fourche, South
Dakota.
Sec. 2842. Conveyance of primate research complex and Air Force-owned chim-
panzees, Holloman Air Force Base, New Mexico.
PART IV—OTHER CONVEYANCES
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
H. R. 3230—15
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla, North
Dakota.
Sec. 2853. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2854. Modification of boundaries of White Sands National Monument and
White Sands Missile Range.
Subtitle D—Other Matters
Sec. 2861. Authority to grant easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the management of
cultural resources on military installations.
Sec. 2863. Demonstration project for installation and operation of electric power
distribution system at Youngstown Air Reserve Station, Ohio.
Sec. 2864. Renovation of the Pentagon reservation.
Sec. 2865. Plan for repairs and stabilization of the historic district at the Forest
Glen Annex of Walter Reed Medical Center, Maryland.
Sec. 2866. Naming of range at Camp Shelby, Mississippi.
Sec. 2867. Designation of Michael O’Callaghan military hospital.
Sec. 2868. Naming of building at the Uniformed Services University of the Health
Sciences.
TITLE XXIX—MILITARY LAND WITHDRAWALS
Subtitle A—Fort Carson-Pinon Canyon Military Lands Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military Reser-
vation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of contamination.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B—El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Defense fixed asset acquisition/privatization.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
H. R. 3230—16
Sec. 3127. Funds available for all national security programs of the Department of
Energy.
Sec. 3128. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Tritium production.
Sec. 3134. Modernization and consolidation of tritium recycling facilities.
Sec. 3135. Production of high explosives.
Sec. 3136. Limitation on use of funds for certain research and development
purposes.
Sec. 3137. Prohibition on funding nuclear weapons activities with People’s Republic
of China.
Sec. 3138. International cooperative stockpile stewardship programs.
Sec. 3139. Temporary authority relating to transfers of defense environmental
management funds.
Sec. 3140. Management structure for nuclear weapons production facilities and
nuclear weapons laboratories.
Sec. 3141. Accelerated schedule for isolating high-level nuclear waste at the
defense waste processing facility, Savannah River Site.
Sec. 3142. Processing and treatment of high-level nuclear waste and spent nuclear
fuel rods.
Sec. 3143. Projects to accelerate closure activities at defense nuclear facilities.
Sec. 3144. Payment of costs of operation and maintenance of infrastructure at
Nevada Test Site.
Subtitle D—Other Matters
Sec. 3151. Report on plutonium pit production and remanufacturing plans.
Sec. 3152. Amendments relating to baseline environmental management reports.
Sec. 3153. Requirement to develop future use plans for environmental management
program.
Sec. 3154. Report on Department of Energy liability at Department superfund
sites.
Sec. 3155. Requirement for annual five-year budget for the national security pro-
grams of the Department of Energy.
Sec. 3156. Requirements for Department of Energy weapons activities budgets for
fiscal years after fiscal year 1997.
Sec. 3157. Repeal of requirement relating to accounting procedures for Department
of Energy funds.
Sec. 3158. Update of report on nuclear test readiness postures.
Sec. 3159. Reports on critical difficulties at nuclear weapons laboratories and
nuclear weapons production plants.
Sec. 3160. Extension of applicability of notice-and-wait requirement regarding pro-
posed cooperation agreements.
Sec. 3161. Sense of Senate relating to redesignation of defense environmental
restoration and waste management program.
Sec. 3162. Commission on maintaining United States nuclear weapons expertise.
Sec. 3163. Sense of Congress regarding reliability and safety of remaining nuclear
forces.
Sec. 3164. Study on worker protection at the Mound facility.
Sec. 3165. Fiscal year 1998 funding for Greenville Road Improvement Project,
Livermore, California.
Sec. 3166. Fellowship program for development of skills critical to Department of
Energy nuclear weapons complex.
Subtitle E—Defense Nuclear Environmental Cleanup and Management
Sec. 3171. Purpose.
Sec. 3172. Applicability.
Sec. 3173. Site manager.
Sec. 3174. Department of Energy orders.
Sec. 3175. Deployment of technology for remediation of defense nuclear waste.
Sec. 3176. Performance-based contracting.
Sec. 3177. Designation of covered facilities as environmental cleanup demonstra-
tion areas.
Sec. 3178. Definitions.
Sec. 3179. Termination.
Sec. 3180. Report.
Subtitle F—Waste Isolation Pilot Plant Land Withdrawal Act Amendments
Sec. 3181. Short title.
H. R. 3230—17
Sec. 3182. Definitions.
Sec. 3183. Management plan.
Sec. 3184. Repeal of test phase and retrieval plans.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Sense of Congress on commencement of emplacement of transuranic
waste.
Sec. 3190. Decommissioning of WIPP.
Sec. 3191. Authorizations for economic assistance and miscellaneous payments.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Subtitle A—Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of certain materials in National Defense Stockpile.
Subtitle B—Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal year 1997.
TITLE XXXV—PANAMA CANAL COMMISSION
Subtitle A—Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B—Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application of Canal Zone
Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of Commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption from Metric Conversion Act of 1975.
Sec. 3548. Conforming and clerical amendments.
Sec. 3549. Repeal of Panama Canal Code.
H. R. 3230—18
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional defense
committees’’ means—
(1) the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
(2) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Subtitle B—Army Programs
Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.
Subtitle C—Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA–6B aircraft reactive jammer program.
Sec. 124. T–39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.
Subtitle D—Air Force Programs
Sec. 131. Repeal of limitation on procurement of F–15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C–17 aircraft
program.
Subtitle E—Other Matters
Sec. 141. Assessments of modernization priorities of the reserve components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and Manufactur-
ing Support Initiative.
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
1997 for procurement for the Army as follows:
(1) For aircraft, $1,314,015,000.
(2) For missiles, $1,031,829,000.
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$1,409,514,000.
(4) For ammunition, $1,003,028,000.
(5) For other procurement, $2,990,240,000.
H. R. 3230—19
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 1997 for procurement for the Navy as follows:
(1) For aircraft, $7,034,926,000.
(2) For weapons, including missiles and torpedoes,
$1,345,408,000.
(3) For shipbuilding and conversion, $6,193,330,000.
(4) For other procurement, $2,893,840,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1997 for procurement for the Marine Corps
in the amount of $560,148,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for procurement of ammunition for
the Navy and the Marine Corps in the amount of $293,239,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
1997 for procurement for the Air Force as follows:
(1) For aircraft, $6,764,420,000.
(2) For missiles, $2,525,875,000.
(3) For ammunition, $278,302,000.
(4) For other procurement, $5,814,419,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
1997 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$2,008,261,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year
1997 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the Armed
Forces as follows:
(1) For the Army National Guard, $171,000,000.
(2) For the Air National Guard, $234,000,000.
(3) For the Army Reserve, $98,000,000.
(4) For the Naval Reserve, $116,000,000.
(5) For the Air Force Reserve, $94,000,000.
(6) For the Marine Corps Reserve, $67,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year
1997 for procurement for the Inspector General of the Department
of Defense in the amount of $2,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year
1997 the amount of $759,847,000 for—
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year
1997 for the Department of Defense for procurement for carrying
H. R. 3230—20
out health care programs, projects, and activities of the Department
of Defense in the total amount of $269,470,000.
Subtitle B—Army Programs
SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF ARMED
KIOWA WARRIOR HELICOPTERS.
Section 133 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1383) is
repealed.
SEC. 112. MULTIYEAR 
PROCUREMENT 
AUTHORITY 
FOR 
ARMY
PROGRAMS.
(a) AVENGER AIR DEFENSE MISSILE SYSTEM.—Notwithstanding
the limitation in subsection (k) of section 2306b of title 10, United
States Code, relating to the maximum duration of a multiyear
contract under the authority of that section, the Secretary of the
Army may extend the multiyear contract in effect during fiscal
year 1996 for the Avenger Air Defense Missile system through
fiscal year 1997 and may award such an extension.
(b) ARMY TACTICAL MISSILE SYSTEM.—The Secretary of the
Army may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear procurement contract, beginning
with the fiscal year 1997 program year, for procurement of the
Army Tactical Missile System (Army TACMS).
(c) JAVELIN MISSILE SYSTEM.—The Secretary of the Army may,
in accordance with section 2306b of title 10, United States Code,
enter into multiyear procurement contracts for the procurement
of the Javelin missile system.
SEC. 113. BRADLEY TOW 2 TEST PROGRAM SETS.
Of the funds authorized to be appropriated under section 101(3)
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 110 Stat. 204), $6,000,000 is available for
the procurement of Bradley TOW–2 Test Program sets.
Subtitle C—Navy Programs
SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—(1) Of the
amount authorized to be appropriated by section 102(a)(3) for fiscal
year 1997—
(A) $699,071,000 is available for continued construction
of the third vessel (designated SSN–23) in the Seawolf attack
submarine class, which shall be the final vessel in that class;
(B) $296,186,000 is available for long-lead and advance
construction and procurement of components for construction
of a submarine (previously designated by the Navy as the
New Attack Submarine) beginning in fiscal year 1998 to be
built by Electric Boat Division; and
(C) $701,000,000 is available for long-lead and advance
construction and procurement of components for construction
of a second submarine (previously designated by the Navy
as the New Attack Submarine) beginning in fiscal year 1999
to be built by Newport News Shipbuilding.
H. R. 3230—21
(2) In addition to the purposes for which the amounts under
subparagraphs (B) and (C) of paragraph (1) are available, such
amounts are also available for contracts with Electric Boat Division
and Newport News Shipbuilding to carry out the provisions of
the ‘‘Memorandum of Agreement Among the Department of the
Navy, Electric Boat Corporation (EB) and Newport News Shipbuild-
ing and Drydock Company (NNS) Concerning the New Attack Sub-
marine’’, dated April 5, 1996, relating to design data transfer,
design improvements, integrated process teams, and updated design
base.
(b) AMOUNTS AUTHORIZED FROM NAVY RDT&E ACCOUNT.—
(1) Of the amount authorized to be appropriated by section 201(2),
$487,611,000 is available for the design of the submarine previously
designated by the Navy as the New Attack Submarine.
(2)(A) Of the amount authorized to be appropriated by section
201(2), $60,000,000 is available for obligation under contracts with
Electric Boat Division and Newport News Shipbuilding and other
entities to address the inclusion on future nuclear attack sub-
marines of the core advanced technologies that are identified by
the Secretary of Defense (in the report of the Secretary entitled
‘‘Report on Nuclear Attack Submarine Procurement and Submarine
Technology’’, submitted to Congress on March 26, 1996) as those
technologies the maturation of which the Submarine Technology
Assessment Panel recommended be addressed in its March 15,
1996, final report to the Assistant Secretary of the Navy for
Research, Development, and Acquisition, as follows: hydrodynamics,
alternative sail designs, advanced arrays, electric drive, external
weapons, and active controls and mounts.
(B) Of the amount available under subparagraph (A),
$20,000,000 shall be equally divided between Electric Boat Division
and Newport News Shipbuilding for the purpose of ensuring that
those shipbuilders are principal participants in the process of
addressing the inclusion of technologies referred to in subparagraph
(A) on future nuclear attack submarines. Contracts with the ship-
builders under this subparagraph shall provide the shipbuilders
with wide latitude to pursue submarine-wide, integrated systems
approaches to the inclusion of such technologies. The Secretary
of the Navy shall ensure that those shipbuilders have access for
such purpose (under procedures prescribed by the Secretary) to
the Navy laboratories and the Office of Naval Intelligence and
(in accordance with arrangements to be made by the Secretary)
to the Defense Advanced Research Projects Agency.
(3) Of the amount authorized to be appropriated by section
201(2), $38,000,000 is available to begin funding those Category
I and Category II advanced technologies described in Appendix
C of the report of the Secretary of Defense referred to in paragraph
(2)(A). The Secretary of the Navy shall ensure that Electric Boat
Division and Newport News Shipbuilding are also principal partici-
pants in the technology initiatives pursued with such funds to
ensure submarine-wide, integrated systems approaches to the inclu-
sion of such technologies on future nuclear attack submarines.
(4) In addition to the purposes for which the amounts under
paragraphs (1), (2), and (3) are available, such amounts are also
available for contracts with Electric Boat Division and Newport
News Shipbuilding to carry out the provisions of the memorandum
of agreement referred to in subsection (a)(2) for research and devel-
opment activities under that memorandum of agreement.
H. R. 3230—22
(c) AMOUNT FROM FISCAL YEAR 1996 FUNDS FOR NATIONAL
DEFENSE SEALIFT FUND.—(1) Section 132 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 210) is repealed.
(2) The amount referred to in section 132 of the National
Defense Authorization Act for Fiscal Year 1996 (as in effect imme-
diately before the repeal by paragraph (1)) shall be available to
the Secretary of the Navy for activities relating only to advanced
submarine technology that involve the construction of large scale
vehicles for purposes of hydrodynamic and hydroacoustic research
on developmental designs for hulls and propulsion systems.
(d) CONTRACTS AUTHORIZED.—(1) The Secretary of the Navy
is authorized, using funds available pursuant to subparagraphs
(B) and (C) of subsection (a)(1), to enter into contracts with Electric
Boat Division and Newport News Shipbuilding, and suppliers of
components, during fiscal year 1997 for—
(A) the procurement of long-lead components for the fiscal
year 1998 submarine and the fiscal year 1999 submarine under
this section; and
(B) advance construction of such components and other
components for such submarines.
(2) The Secretary may enter into a contract or contracts under
this section with the shipbuilder of the fiscal year 1998 submarine
only if the Secretary enters into a contract or contracts under
this section with the shipbuilder of the fiscal year 1999 submarine.
(e) LIMITATIONS.—(1)(A) Of the amounts specified in subsection
(a)(1), not more than $100,000,000 may be obligated until the Sec-
retary of Defense certifies in writing to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives that procurement of nuclear attack
submarines described in subparagraph (B) will be under one or
more contracts that are entered into after competition between
Electric Boat Division and Newport News Shipbuilding in which
the Secretary of the Navy solicits competitive proposals and awards
the contract or contracts on the basis of price.
(B) The submarines referred to in subparagraph (A) are nuclear
attack submarines that are to be constructed beginning—
(i) after fiscal year 1999; or
(ii) if four submarines are to be procured as provided for
in the plan required under section 131(c) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 208), after fiscal year 2001.
(2) Of the amounts specified in subsection (a)(1), not more
than $675,000,000 may be obligated until the Under Secretary
of Defense for Acquisition and Technology submits to the congres-
sional committees specified in paragraph (1) a report in writing
detailing the following:
(A) The Under Secretary’s oversight activities to date, and
plans for the future, for the development and improvement
of the nuclear attack submarine program of the Navy as
required by section 131(b)(2)(C) of the National Defense
Authorization Act for Fiscal Year 1996 (110 Stat. 207).
(B) The implementation of, and activities conducted under,
the program required to be established by the Director of the
Defense Advanced Research Projects Agency by section 131(i)
of the National Defense Authorization Act for Fiscal Year 1996
(110 Stat. 210) for the development and demonstration of
H. R. 3230—23
advanced submarine technologies and a rapid prototype acquisi-
tion strategy for both land-based and at-sea subsystem and
system demonstrations of such technologies.
(C) A description of all research, development, test, and
evaluation programs, projects, or activities within the Depart-
ment of Defense which, in the opinion of the Under Secretary,
are designed to contribute to the development and demonstra-
tion of advanced submarine technologies leading to a more
capable, more affordable nuclear attack submarine, specifically
identifying ongoing involvement, and plans for future involve-
ment, in any such program, project, or activity by either Electric
Boat Division or Newport News Shipbuilding, or by both.
(3) Of the amount specified in subsection (b)(1), not more than
$100,000,000 may be obligated or expended until the Under Sec-
retary of Defense (Comptroller) certifies in writing to the congres-
sional committees specified in paragraph (1) that—
(A) funds specified in subsection (c)(2) have been made
available for obligation; and
(B) to the extent that funds specified in paragraphs (2)
and (3) of subsection (b) have been appropriated for the pur-
poses specified in such paragraphs, such funds have been made
available for obligation.
(f) ACQUISITION SIMPLIFICATION.—In furtherance of the direc-
tion provided by subsection (d) of section 131 of the National
Defense Authorization Act for Fiscal Year 1996 (110 Stat. 209)
to the Secretary of Defense regarding the application of acquisition
reform policies and procedures to the submarine program under
that section, the Secretary shall direct the Secretary of the Navy
to implement for the submarine programs of the Navy acquisition
reform initiatives similar in intent and approach to the initiatives
begun by the Secretary of the Air Force in May 1995 and referred
to as the ‘‘Lightning Bolt’’ initiatives. The Secretary of the Navy
shall, not later than March 31, 1997, submit to the congressional
committees specified in subsection (e)(1) a report on the results
of the implementation of such initiatives.
(g) DESIGN RESPONSIBILITY.—(1) The Secretary of the Navy
shall carry out the submarine program described in section 131
of the National Defense Authorization Act for Fiscal Year 1996
in a manner that ensures that each of the two shipbuilders in-
volved in the design and construction of the four submarines
described in that section be allowed to propose to the Secretary
any design improvement that the shipbuilder considers appropriate
for the submarines to be built by that shipbuilder as part of those
four submarines. The Secretary shall ensure that both shipbuilders
have full and open access to all design data concerning the design
of the submarine previously designated by the Navy as the New
Attack Submarine.
(2) The designs proposed by the shipbuilders should proceed
from, but not be limited to, the specific advanced technologies
referred to in subsection (b)(2)(A), especially technologies involving
hydrodynamics and hydroacoustics concepts.
(3) The Secretary shall require both shipbuilders to submit
to the Secretary an annual report on the progress of the design
work on the submarines referred to in paragraph (1) and shall
transmit each such report to the committees specified in subsection
(e)(1).
H. R. 3230—24
(4) The Secretary shall also submit an annual report to the
committees specified in subsection (e)(1) on the design improve-
ments proposed by the two shipbuilders under paragraph (1) for
incorporation on any of the four submarines and on the degree
to which design information on the base design and design improve-
ments has been shared between the shipbuilders. Each annual
report shall set forth each design improvement proposed and
whether that proposal was—
(A) reviewed, approved, and funded by the Navy;
(B) reviewed and approved, but not funded; or
(C) not approved, in which case the report shall include
the reasons therefor and any views of the shipyard making
the proposal.
(5) The reports referred to in paragraphs (3) and (4) shall
be submitted concurrently with the annual revisions to the Sec-
retary of Defense’s nuclear attack submarine plan required by sec-
tion 131(e) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 209).
(h) SERIAL PRODUCTION.—The Secretary of Defense shall modify
the plan relating to development of a program leading to production
of a more capable and less expensive submarine than the New
Attack Submarine that was submitted to Congress pursuant to
section 131(c) of the National Defense Authorization Act for Fiscal
Year 1996 in order to provide in such plan the option for selection
of a design for a next submarine for serial production not earlier
than fiscal year 2002 (rather than fiscal year 2003, as provided
in paragraph (3)(B) of such section 131(c)).
(i) REFERENCES
TO
SHIPBUILDERS.—For purposes of this
section—
(1) the shipbuilder referred to as ‘‘Electric Boat Division’’
is the Electric Boat Division of the General Dynamics Corpora-
tion; and
(2) the shipbuilder referred to as ‘‘Newport News Shipbuild-
ing’’ is the Newport News Shipbuilding and Drydock Company.
(j) SUBMARINES DEFINED
BY REFERENCE
TO FISCAL YEAR.—
For purposes of this section—
(1) the term ‘‘fiscal year 1998 submarine’’ means the sub-
marine referred to in subsection (a)(1)(B); and
(2) the term ‘‘fiscal year 1999 submarine’’ means the sub-
marine referred to in subsection (a)(1)(C).
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) FUNDING.—(1) Subject to paragraph (3), funds authorized
to be appropriated by section 102(a)(3) may be made available
for contracts entered into during fiscal year 1996 under subsection
(b)(1) of section 135 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 211) for
construction for the third of the three Arleigh Burke class destroyers
covered by that subsection. Such funds are in addition to amounts
made available for such contracts by the second sentence of sub-
section (a) of that section.
(2) Subject to paragraph (3), funds authorized to be appro-
priated by section 102(a)(3) may be made available for contracts
entered into during fiscal year 1997 under subsection (b)(2) of
such section 135 for construction (including advance procurement)
for the Arleigh Burke class destroyers covered by such subsection
(b)(2).
H. R. 3230—25
(3) The aggregate amount of funds available under paragraphs
(1) and (2) for contracts referred to in such paragraphs may not
exceed $3,483,030,000.
(4) Within the amount authorized to be appropriated by section
102(a)(3), $525,000,000 is authorized to be appropriated for advance
procurement for construction for the Arleigh Burke class destroyers
authorized by subsection (b).
(b) AUTHORITY FOR MULTIYEAR PROCUREMENT OF TWELVE VES-
SELS.—The Secretary of the Navy is authorized, pursuant to section
2306b of title 10, United States Code, to enter into multiyear
contracts for the procurement of a total of 12 Arleigh Burke class
destroyers at a procurement rate of three ships in each of fiscal
years 1998, 1999, 2000, and 2001 in accordance with this subsection
and subsection (a)(4), subject to the availability of appropriations
for such destroyers. A contract for construction of one or more
vessels that is entered into in accordance with this subsection
shall include a clause that limits the liability of the Government
to the contractor for any termination of the contract.
SEC. 123. EA–6B AIRCRAFT REACTIVE JAMMER PROGRAM.
(a) LIMITATION.—None of the funds appropriated pursuant to
section 102(a)(1) for modifications or upgrades of EA–6B aircraft
may be obligated, other than for a reactive jammer program for
such aircraft, until 30 days after the date on which the Secretary
of the Navy submits to the congressional defense committees in
writing—
(1) a certification that some or all of such funds have
been obligated for a reactive jammer program for EA–6B air-
craft; and
(2) a report that sets forth a detailed, well-defined program
for—
(A) developing a reactive jamming capability for EA–
6B aircraft; and
(B) upgrading the EA–6B aircraft of the Navy to incor-
porate the reactive jamming capability.
(b) CONTINGENT TRANSFER OF FUNDS TO AIR FORCE.—(1) If
the Secretary of the Navy has not submitted the certification and
report described in subsection (a) to the congressional defense
committees before June 1, 1997, then, on that date, the Secretary
of Defense shall transfer to the Air Force, out of appropriations
available to the Navy for fiscal year 1997 for procurement of aircraft,
the amount equal to the amount appropriated to the Navy for
fiscal year 1997 for modifications and upgrades of EA–6B aircraft.
(2) Funds transferred to the Air Force pursuant to paragraph
(1) shall be available for maintaining and upgrading the jamming
capability of EF–111 aircraft.
SEC. 124. T–39N TRAINER AIRCRAFT FOR THE NAVY.
The Secretary of the Navy may, using funds appropriated for
fiscal year 1996 for procurement of T–39N trainer aircraft for
the Navy that remain available for obligation for such purpose,
enter into a contract for the acquisition of T–39N aircraft for naval
flight officer training that are suitable for low-level training flights.
Such a contract may be entered into only after the Secretary com-
plies with section 137 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 212).
H. R. 3230—26
SEC. 125. PENGUIN MISSILE PROGRAM.
(a) MULTIYEAR PROCUREMENT AUTHORITY.—The Secretary of
the Navy may, in accordance with section 2306b of title 10, United
States Code, enter into multiyear procurement contracts for the
procurement of not more than 106 Penguin missile systems.
(b) LIMITATION ON TOTAL COST.—The total amount obligated
or expended for procurement of Penguin missile systems under
contracts under subsection (a) may not exceed $84,800,000.
Subtitle D—Air Force Programs
SEC. 131. REPEAL OF LIMITATION ON PROCUREMENT OF F–15E AIR-
CRAFT.
Section 134 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1383) is
repealed.
SEC. 132. MODIFICATION TO MULTIYEAR PROCUREMENT AUTHORITY
FOR C–17 AIRCRAFT PROGRAM.
(a) MULTIYEAR CONTRACTS AUTHORIZED.—The Secretary of the
Air Force may enter into one or more multiyear contracts for
the procurement of C–17 aircraft (including the section 2703 con-
tract entered into before the date of the enactment of this Act
under the authority of section 2703 of the Supplemental Appropria-
tions Act of 1996 (title II of Public Law 104–134)). The total number
of aircraft contracted to be procured under such multiyear contracts
may not exceed 80. Any such contract shall be entered into in
accordance with section 2306b of title 10, United States Code (and
subject to such modifications as may be authorized by law in the
maximum period for such contracts specified in subsection (k) of
such section).
(b) REQUIREMENT TO NEGOTIATE OPTION TO CONVERT EXISTING
CONTRACT TO SIX PROGRAM YEARS.—The Secretary of the Air Force
shall negotiate with the prime contractor for the C–17 aircraft
program so as to achieve a contract option for the United States
under the section 2703 contract to convert the multiyear procure-
ment period under that contract to a period of six program years
based upon the level of funding for that program for fiscal year
1997.
(c) CONTRACT PERIOD.—A contract entered into after the date
of the enactment of this Act on a multiyear basis under the author-
ity of subsection (a) may (notwithstanding section 2306b(k) of title
10, United States Code) be for a period of six program years.
(d) SECTION 2703 CONTRACT DEFINED.—For purposes of this
section, the term ‘‘section 2703 contract’’ means the contract entered
into by the Secretary of the Air Force on May 31, 1996, with
the prime contractor for the C–17 aircraft program under the
authority of section 2703 of the Supplemental Appropriations Act
of 1996 (title II of Public Law 104–134) providing for a multiyear
procurement of C–17 aircraft over seven program years with an
option for the Secretary to convert that period to six program
years.
H. R. 3230—27
Subtitle E—Other Matters
SEC. 141. ASSESSMENTS OF MODERNIZATION PRIORITIES OF THE
RESERVE COMPONENTS.
(a) ASSESSMENTS REQUIRED.—Not later than December 1, 1996,
each officer referred to in subsection (b) shall submit to the congres-
sional defense committees an assessment of the modernization prior-
ities established for the reserve component or reserve components
for which that officer is responsible.
(b) RESPONSIBLE OFFICERS.—The officers required to submit
a report under subsection (a) are as follows:
(1) The Chief of the National Guard Bureau.
(2) The Chief of Army Reserve.
(3) The Chief of Air Force Reserve.
(4) The Director of Naval Reserve.
(5) The Commanding General, Marine Forces Reserve.
SEC. 142. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMI-
CAL AGENTS AND MUNITIONS.
Section 152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 214; 50 U.S.C. 1521
note) is amended by adding at the end the following new sub-
sections:
‘‘(e) ASSESSMENT OF ALTERNATIVE TECHNOLOGIES FOR DEMILI-
TARIZATION OF ASSEMBLED CHEMICAL MUNITIONS.—(1) In addition
to the assessment required by subsection (c), the Secretary of
Defense shall conduct an assessment of the chemical demilitariza-
tion program for destruction of assembled chemical munitions and
of the alternative demilitarization technologies and processes (other
than incineration) that could be used for the destruction of the
lethal chemical agents that are associated with these munitions,
while ensuring maximum protection for the general public, the
personnel involved in the demilitarization program, and the environ-
ment. The measures considered shall be limited to those that would
minimize the risk to the public and reduce the total cost of the
chemical agents and munitions destruction program. The assess-
ment shall be conducted without regard to any limitation that
would otherwise apply to the conduct of such assessment under
any provision of law.
‘‘(2) The assessment shall be conducted in coordination with
the National Research Council.
‘‘(3) Among the alternatives, the assessment shall include a
determination of the cost of incineration of the current chemical
munitions stockpile by building incinerators at each existing facility
compared to the proposed cost of dismantling those same munitions,
neutralizing them at each storage site (other than Tooele Army
Depot or Johnston Atoll), and transporting the neutralized remains
and all munitions parts to a treatment, storage, and disposal facility
within the United States that has the necessary environmental
permits to undertake incineration of the material.
‘‘(4) Based on the results of the assessment, the Secretary
shall develop appropriate recommendations for revision of the
chemical demilitarization program.
‘‘(5) Not later than December 31, 1997, the Secretary of Defense
shall submit to Congress a report on the assessment conducted
in accordance with paragraph (1) and any recommendations for
H. R. 3230—28
revision of the chemical demilitarization program, including the
continued development of alternative demilitarization technologies
and processes other than incineration that could be used for the
destruction of the lethal chemical agents that are associated with
these assembled chemical munitions and the chemical munitions
demilitarization sites for which the selected technologies should
be developed.
‘‘(f) PILOT
PROGRAM
FOR
DEMILITARIZATION
OF
CHEMICAL
AGENTS
FOR
ASSEMBLED
MUNITIONS.—(1) If the Secretary of
Defense makes a decision to continue the development of an alter-
native demilitarization technology or process (other than inciner-
ation) that could be used for the destruction of the lethal chemical
agents that are associated with assembled chemical munitions,
$25,000,000 shall be available from the funds authorized to be
appropriated in section 107 of the National Defense Authorization
Act for Fiscal Year 1997 for the chemical agents and munitions
destruction program, in order to initiate a pilot program using
the selected alternative technology or process for the destruction
of chemical agents that are stored at these sites.
‘‘(2) Not less than 30 days before using funds to initiate the
pilot program under paragraph (1), the Secretary shall submit
notice in writing to Congress of the Secretary’s intent to do so.
‘‘(3) The pilot program shall be conducted at the selected chemi-
cal agent and munitions stockpile storage site for which the alter-
native technology or process is recommended.’’.
SEC. 143. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT
RETOOLING AND MANUFACTURING SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing
Support Act of 1992 (subtitle H of title I of Public Law 102–
484; 10 U.S.C. 2501 note) is amended by striking out ‘‘During
fiscal years 1993 through 1996’’ and inserting in lieu thereof ‘‘During
fiscal years 1993 through 1998’’.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V–22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F–22 aircraft.
Sec. 216. Limitation on funding for F–16 tactical manned reconnaissance aircraft.
Sec. 217. Cost analysis of F–22 aircraft program.
Sec. 218. F–22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A–18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber Optic
Guided Missile (EFOG–M) system.
Sec. 225. Hydra–70 rocket product improvement program.
H. R. 3230—29
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects Agency re-
lating to chemical and biological warfare defense technology.
Sec. 229. Certification of capability of United States to prevent illegal importation
of nuclear, biological, or chemical weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.
Subtitle C—Ballistic Missile Defense Programs
Sec. 241. Funding for ballistic missile defense programs for fiscal year 1997.
Sec. 242. Certification of capability of United States to defend against single
ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment of establish-
ment of National Missile Defense Joint Program Office.
Sec. 248. ABM Treaty defined.
Subtitle D—Other Matters
Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate Competitive
Research.
Sec. 265. Elimination of report on the use of competitive procedures for the award
of certain contracts to colleges and universities.
Sec. 266. Pilot program for transfer of defense technology information to private
industry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic games.
Sec. 270. Annual joint warfighting science and technology plan.
Subtitle E—National Oceanographic Partnership Program
Sec. 281. Findings.
Sec. 282. National Oceanographic Partnership Program.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
1997 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $4,780,615,000.
(2) For the Navy, $8,068,299,000.
(3) For the Air Force, $14,756,366,000.
(4) For Defense-wide activities, $9,691,293,000, of which—
(A) $269,038,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $21,968,000 is authorized for the Director of Oper-
ational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 1997.—Of the amounts authorized to be appro-
priated by section 201, $4,031,343,000 shall be available for basic
research and applied research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—For
purposes of this section, the term ‘‘basic research and applied
research’’ means work funded in program elements for defense
H. R. 3230—30
research and development under Department of Defense category
6.1 or 6.2.
SEC. 203. DUAL-USE TECHNOLOGY PROGRAM.
(a) ALLOCATION OF FUNDS.—Of the amount appropriated pursu-
ant to the authorization in section 201(4), $85,000,000 shall be
available for the dual-use technology program under this section.
(b) DESIGNATION OF OFFICIAL FOR DUAL-USE PROGRAM.—(1)
The Secretary of Defense shall designate a senior official in the
Office of the Secretary of Defense to have as that official’s sole
responsibilities developing policy relating to, and ensuring effective
implementation of, the dual-use technology program of the Depart-
ment of Defense. In carrying out such responsibilities, the official
shall ensure—
(A) that commercial technologies are integrated into current
and future military systems to the maximum extent practicable;
(B) that dual-use projects are coordinated with the joint
warfighting science and technology plan referred to in section
270; and
(C) that dual-use projects of the military departments and
the defense agencies are coordinated and avoid unnecessary
duplication.
(2) The senior official designated under paragraph (1) shall
carry out such responsibilities during the period beginning on Octo-
ber 1, 1996, and ending on September 30, 2000. Such official shall
report directly to the Under Secretary of Defense for Acquisition
and Technology.
(c) FUNDING
REQUIREMENT.—Of the amounts appropriated
pursuant to the authorizations in section 201 for the Department
of Defense for science and technology programs for fiscal year
1997, at least 5 percent of such amounts shall be available only
for dual-use projects of the Department of Defense. The funds
made available under the preceding sentence are in addition to
the funds made available under subsection (a).
(d) LIMITATION ON OBLIGATIONS.—Funds made available pursu-
ant to subsections (a) and (c) may be used for a dual-use project
only if the contract, cooperative agreement, or other transaction
by which the project is carried out is entered into through the
use of competitive procedures.
(e) TRANSFER AUTHORITY.—In addition to the transfer authority
provided in section 1001, the Secretary of Defense may transfer
funds made available pursuant to subsections (a) and (c) for a
dual-use project from a military department or defense agency
to another military department or defense agency to ensure efficient
implementation of the dual-use technology program. The Secretary
may delegate the authority provided in the preceding sentence
to the senior official designated under subsection (b).
(f) FEDERAL COST SHARE.—The share contributed by the Sec-
retary of a military department or the head of a defense agency
for the cost of a dual-use project during fiscal year 1997 may
not be greater than 50 percent of the cost of the project for that
fiscal year.
(g) REPORT.—At the same time the President submits to Con-
gress the budget for fiscal year 1998 pursuant to section 1105(a)
of title 31, United States Code, the Secretary of Defense shall
submit to Congress a report that specifies the investment strategy
H. R. 3230—31
for the dual-use technology program to be conducted during fiscal
years 1998, 1999, and 2000.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘dual-use technology program’’ means the
program of the Department of Defense under which research
or development of a dual-use technology (as defined in section
2491 of title 10, United States Code) is carried out and the
costs of which are shared between the Department of Defense
and non-Government entities. The term includes the dual-use
critical technology program established pursuant to section
2511 of title 10, United States Code.
(2) The term ‘‘dual-use project’’ means a project under
the dual-use technology program.
(3) The term ‘‘science and technology program’’ means a
program of a military department under which basic research,
applied research, or advanced technology development is carried
out.
SEC. 204. DEFENSE SPECIAL WEAPONS AGENCY.
There is hereby authorized to be appropriated for fiscal year
1997 the amount of $314,313,000 for the Defense Special Weapons
Agency, of which—
(1) $7,900,000 is for procurement;
(2) $218,330,000 is for research, development, test, and
evaluation; and
(3) $88,083,000 is for operations and maintenance.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) FUNDING.—Funds appropriated pursuant to the authoriza-
tion of appropriations in section 201(3) are authorized to be made
available for space launch modernization for purposes and in
amounts as follows:
(1) For the Evolved Expendable Launch Vehicle program,
$44,457,000.
(2) For a competitive reusable launch vehicle program (pro-
gram element 63401F), $25,000,000.
(b) LIMITATIONS.—(1) Of the funds made available for the
reusable launch vehicle program pursuant to subsection (a)(2), the
total amount obligated for such purpose may not exceed the total
amount allocated in the fiscal year 1997 current operating plan
of the National Aeronautics and Space Administration for the
Reusable Space Launch program of the National Aeronautics and
Space Administration.
(2) Of the funds made available for the Evolved Expendable
Launch Vehicle program pursuant to subsection (a)(1), the total
amount obligated for such purpose may not exceed $20,000,000
until the Secretary of Defense certifies to Congress that the Sec-
retary has made available for obligation the funds, if any, that
are made available for the Reusable Launch Vehicle program pursu-
ant to subsection (a)(2).
(c) COORDINATION OF ENGINE TESTING.—Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
and the Administrator of the National Aeronautics and Space
H. R. 3230—32
Administration shall submit to Congress a joint plan for coordinat-
ing and eliminating unnecessary duplication in the operations and
planned improvements of rocket engine and rocket engine compo-
nent test facilities managed by the Department of the Air Force
and the National Aeronautics and Space Administration. The plan
shall provide, to the extent practical, for the development of com-
monly funded and commonly operated facilities.
SEC. 212. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) FUNDING.—Funds appropriated pursuant to the authoriza-
tion of appropriations in section 201(3) are authorized to be made
available for the Space-Based Infrared System program for purposes
and in amounts as follows:
(1) For Space Segment High, $173,290,000.
(2) For Space Segment Low (the Space and Missile Tracking
System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) LIMITATION.—Not more than $100,000,000 of the funds
authorized to be made available under subsection (a)(1) may be
obligated or expended until the Secretary of Defense certifies to
Congress that the Secretary has made available the funds author-
ized to be made available under subsection (a)(2) for the purpose
of accelerating the deployment of the Space Segment Low (the
Space and Missile Tracking System).
(c) PROGRAM MANAGEMENT.—Before the submission of the
President’s budget for fiscal year 1998, the Secretary of Defense
shall conduct a review of the appropriate management responsibil-
ities for the Space and Missile Tracking System, including whether
transferring such management responsibility from the Air Force
to the Ballistic Missile Defense Organization would result in
improved program efficiencies and support.
SEC. 213. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) AMOUNT FOR PROGRAM.—Of the amount authorized to be
appropriated under section 201(3), $50,000,000 shall be available
for the Clementine 2 micro-satellite near-Earth asteroid interception
mission.
(b) LIMITATION.—Of the funds authorized to be appropriated
pursuant to this Act for the global positioning system (GPS) Block
II F Satellite system, not more than $25,000,000 may be obligated
until the Secretary of Defense certifies to Congress that—
(1) funds appropriated for fiscal year 1996 for the
Clementine 2 Micro-Satellite development program have been
obligated in accordance with Public Law 104–106 and the Joint
Explanatory Statement of the Committee of Conference accom-
panying S. 1124 (House Report 104–450 (104th Congress, sec-
ond session)); and
(2) the Secretary has made available for obligation the
funds appropriated for fiscal year 1997 for the purpose specified
in subsection (a).
SEC. 214. LIVE-FIRE SURVIVABILITY TESTING OF V–22 OSPREY AIR-
CRAFT.
(a) AUTHORITY FOR RETROACTIVE WAIVER.—The Secretary of
Defense may, in accordance with section 2366(c) of title 10, United
States Code, waive for the V–22 Osprey aircraft program the surviv-
ability tests required by that section, notwithstanding that such
program has entered engineering and manufacturing development.
H. R. 3230—33
(b) REPORT TO CONGRESS.—In exercising the waiver authority
in section 2366(c) of title 10, United States Code, the Secretary
shall submit to Congress a report explaining how the Secretary
plans to evaluate the survivability of the V–22 Osprey aircraft
system and assessing possible alternatives to realistic survivability
testing of the system.
(c) ALTERNATIVE SURVIVABILITY TEST REQUIREMENTS.—If the
Secretary of Defense submits in accordance with section 2366(c)(1)
of title 10, United States Code, a certification that live-fire testing
of the V–22 Osprey aircraft would be unreasonably expensive and
impractical, the Secretary shall require that components critical
to the survivability of the V–22 Osprey aircraft be subjected to
live-fire testing under an alternative live-fire testing program that,
by reason of the number of such components tested and the realism
of the threat environments under which the components are tested,
will yield test results that provide a sufficient basis for drawing
meaningful conclusions about the survivability of V–22 Osprey air-
craft.
(d) FUNDING.—The funds required to carry out any alternative
live-fire testing of the V–22 Osprey aircraft system shall be made
available from amounts appropriated for the V–22 Osprey program.
SEC. 215. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIRCRAFT.
(a) AUTHORITY FOR RETROACTIVE WAIVER.—The Secretary of
Defense may, in accordance with section 2366(c) of title 10, United
States Code, waive for the F–22 aircraft program the survivability
tests required by that section, notwithstanding that such program
has entered engineering and manufacturing development.
(b) ALTERNATIVE SURVIVABILITY TEST REQUIREMENTS.—If the
Secretary of Defense submits in accordance with section 2366(c)(1)
of title 10, United States Code, a certification that live-fire testing
of the F–22 aircraft would be unreasonably expensive and imprac-
tical, the Secretary shall require that components and subsystems
critical to the survivability of the F–22 aircraft be subjected to
live-fire testing under an alternative live-fire testing program that,
by reason of the number of such components and subsystems tested
and the realism of the threat environments under which the compo-
nents and subsystems are tested, will yield test results that provide
a sufficient basis for drawing meaningful conclusions about the
survivability of F–22 aircraft.
(c) FUNDING.—The funds required to carry out any alternative
live-fire testing of the F–22 aircraft system shall be made available
from amounts appropriated for the F–22 program.
SEC. 216. LIMITATION ON FUNDING FOR F–16 TACTICAL MANNED
RECONNAISSANCE AIRCRAFT.
(a) LIMITATION.—Effective on the date of the enactment of
this Act, not more than $50,000,000 (in fiscal year 1997 constant
dollars) may be obligated or expended for—
(1) research, development, test, and evaluation for, and
acquisition and modification of, the F–16 tactical manned recon-
naissance aircraft program; and
(2) costs associated with the termination of such program.
(b) EXCEPTION.—The limitation in subsection (a) shall not apply
to obligations required for improvements planned before the date
of the enactment of this Act to incorporate the common data link
into the F–16 tactical manned reconnaissance aircraft.
H. R. 3230—34
SEC. 217. COST ANALYSIS OF F–22 AIRCRAFT PROGRAM.
(a) REVIEW AND REPORT.—The Secretary of Defense shall direct
the Cost Analysis Improvement Group in the Office of the Secretary
of Defense to review the F–22 aircraft program, analyze and esti-
mate the production costs of the program, and submit to the Sec-
retary a report on the results of the review.
(b) CONTENT OF REPORT.—The report shall include—
(1) a comparison of—
(A) the results of the review, with
(B) the results of the last independent estimate of
production costs of the program that was prepared by the
Cost Analysis Improvement Group in July 1991; and
(2) a description of any major changes in programmatic
assumptions that have occurred since the estimate referred
to in paragraph (1)(B) was made, including any major change
in assumptions regarding the program schedule, the quantity
of aircraft to be developed and acquired, and the annual rates
of production, together with an assessment of the effects of
such changes on the program.
(c) SUBMISSION OF REPORT.—Not later than March 30, 1997,
the Secretary shall submit the report to the congressional defense
committees, together with the Secretary’s views on the matters
covered by the report.
(d) LIMITATION
ON USE
OF FUNDS PENDING SUBMISSION
OF
REPORT.—Not more than 92 percent of the funds appropriated
for the F–22 aircraft program pursuant to the authorization of
appropriations in section 103(1) may be expended until the Sec-
retary of Defense submits the report required under this section.
SEC. 218. F–22 AIRCRAFT PROGRAM REPORTS.
(a) ANNUAL REPORT.—(1) At the same time that the President
submits the budget for a fiscal year to Congress pursuant to section
1105(a) of title 31, United States Code, the Secretary of Defense
shall submit to Congress a report on event-based decisionmaking
for the F–22 aircraft program for that fiscal year. The Secretary
shall submit the report for fiscal year 1997 not later than October
1, 1996.
(2) The report for a fiscal year shall include the following:
(A) A discussion of each decision known within the Depart-
ment of Defense as an ‘‘event-based decision’’ that is expected
to be made during that fiscal year regarding whether the F–
22 program is to proceed into a new phase or into a new
administrative subdivision of a phase.
(B) The criteria known within the Department of Defense
as ‘‘exit criteria’’ to be applied, for purposes of making the
event-based decision, in determining whether the F–22 aircraft
program has demonstrated the specific progress necessary for
proceeding into the new phase or administrative subdivision
of a phase.
(b) REPORT ON EVENT-BASED DECISIONS.—Not later than 30
days after an event-based decision has been made for the F–22
aircraft program, the Secretary of Defense shall submit to Congress
a report on the decision. The report shall include the following:
(1) A discussion of the commitments made, and the commit-
ments to be made, under the program as a result of the decision.
(2) The exit criteria applied for purposes of the decision.
H. R. 3230—35
(3) How, in terms of the exit criteria, the program dem-
onstrated the specific progress justifying the decision.
SEC. 219. COST-BENEFIT ANALYSIS OF F/A–18E/F AIRCRAFT PROGRAM.
(a) REPORT
ON PROGRAM.—Not later than March 30, 1997,
the Secretary of Defense shall submit to the congressional defense
committees a report on the F/A–18E/F aircraft program.
(b) CONTENT
OF
REPORT.—The report shall contain the
following:
(1) A review of the F/A–18E/F aircraft program.
(2) An analysis and estimate of the production costs of
the program for the total number of aircraft realistically
expected to be procured at each of three annual production
rates as follows:
(A) 18 aircraft.
(B) 24 aircraft.
(C) 36 aircraft.
(3) A comparison of the costs and benefits of the program
with the costs and benefits of the F/A–18C/D aircraft program
taking into account the operational combat effectiveness of
the aircraft.
(c) LIMITATION
ON USE
OF FUNDS PENDING SUBMISSION
OF
REPORT.—Not more than 90 percent of the funds authorized to
be appropriated by this Act for the procurement of F/A–18E/F
aircraft may be obligated or expended for procurement of such
aircraft before the date that is 30 days after the date on which
the congressional defense committees receive the report required
under subsection (a).
SEC. 220. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) ALLOCATION OF FUNDS.—Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201,
$602,069,000 shall be available only for advanced technology devel-
opment for the Joint Advanced Strike Technology (JAST) program.
Of that amount—
(1) $259,833,000 shall be available only for program ele-
ment 63800N in the budget of the Department of Defense
for fiscal year 1997;
(2) $263,836,000 shall be available only for program ele-
ment 63800F in the budget of the Department of Defense
for fiscal year 1997; and
(3) $78,400,000 shall be available only for program element
63800E in the budget of the Department of Defense for fiscal
year 1997.
(b) ANALYSIS OF FORCE STRUCTURE.—Of the amounts author-
ized to be appropriated by section 201 for the Joint Advanced
Strike Technology program, up to $10,000,000 shall be available
for the conduct of an analysis by the Institute for Defense Analyses
of the following:
(1) The weapon systems force structure required to meet
the anticipated range of threats projected by the intelligence
community for the period 2000 through 2025.
(2) Alternative force mixes, including, at a minimum, the
following force mixes:
(A) Joint Strike Fighter derivative aircraft; remanufac-
tured AV–8 aircraft; F–18C/D, F–18E/F, AH–64, AH–1W,
RAH–66, F–14, F–16, F–15, F–117, F–22, B–1, B–2, and
H. R. 3230—36
B–52 aircraft; and air-to-surface and surface-to-surface
weapons systems.
(B) Joint Strike Fighter derivative aircraft; remanufac-
tured AV–8 aircraft; F–18C/D, F–18E/F, F–14, F–16, F–
15, F–117, and F–22 aircraft; and air-to-surface and sur-
face-to-surface weapons systems.
(3) Cost and operational effectiveness of the alternative
force mixes analyzed under paragraph (2), including sensitivity
analyses related to system performance, costs, threats, and
force employment scenarios.
(4) Required operational capability dates of systems not
yet in production for the force mixes analyzed under paragraph
(2).
(5) Affordability, commonality, and roles and missions
considerations related to the alternative force mixes analyzed
under paragraph (2).
(c) COST REVIEW OF FORCE STRUCTURE ANALYSIS.—The Sec-
retary of Defense shall direct the Cost Analysis Improvement Group
in the Office of the Secretary of Defense to review cost estimates
made under the analysis conducted under subsection (b) and submit
to the Secretary a report on the results of the review. The report
may include comments and additional cost sensitivity analyses.
(d) BRIEFING AND REPORT.—(1) Not later than November 15,
1996, the Secretary of Defense shall make available to the congres-
sional defense committees a briefing on the plan and assumptions
for the analysis to be conducted under subsection (b).
(2) Not later than May 15, 1997, the Secretary of Defense
shall submit to the congressional defense committees a report
containing a copy of the analysis conducted under subsection (b)
and of the cost review conducted under subsection (c), together
with the views of the Secretary on such analysis and cost review.
SEC. 221. UNMANNED AERIAL VEHICLES.
(a) PROCUREMENT FUNDING REQUEST.—The funding request for
procurement for unmanned aerial vehicles for any fiscal year shall
be set forth under the funding requests for the military departments
in the budget of the Department of Defense.
(b) TRANSFER OF PROGRAM MANAGEMENT.—Program manage-
ment for the Predator Unmanned Aerial Vehicle, and programmed
funding for such vehicle for fiscal years 1998, 1999, 2000, 2001,
and 2002 (as set forth in the future-years defense program), shall
be transferred to the Department of the Air Force, effective October
1, 1996, or the date of the enactment of this Act, whichever is
later.
(c) PROHIBITION ON PROVIDING OPERATING CAPABILITY FROM
NAVAL VESSELS.—No funds authorized to be appropriated by this
Act may be obligated for purposes of providing the capability of
the Predator Unmanned Aerial Vehicle to operate from naval
vessels.
SEC. 222. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL RECON-
NAISSANCE SYSTEM.
Any concepts for an improved Tier III Minus (High Altitude
Endurance Unmanned Aerial Reconnaissance) system, developed
using funds authorized to be appropriated under this title, that
would increase the unit flyaway cost for such system to an amount
greater than the unit flyaway cost established in either of the
original contracts for such system, may not be carried out under
H. R. 3230—37
the original contracts, but must instead be carried out under
another contract that is awarded using competitive procedures.
SEC. 223. CYCLONE CLASS PATROL CRAFT SELF-DEFENSE.
(a) STUDY REQUIRED.—The Secretary of Defense shall perform
a study of the operational requirements for vessel self-defense for
the Cyclone class patrol craft and a comparative evaluation of
the potential means for meeting the operational requirements for
self-defense of the craft. The study shall consider the range of
operational scenarios in which the craft is expected to be employed.
(b) SYSTEMS TO BE EVALUATED.—The study under subsection
(a) shall consider those self-defense systems that could be employed
aboard the Cyclone class patrol craft, including the Barak ship
self-defense missile system.
(c) REPORT.—Not later than March 31, 1997, the Secretary
shall submit to Congress a report containing the results of the
study under subsection (a).
SEC. 224. ONE-YEAR EXTENSION OF DEADLINE FOR DELIVERY OF
ENHANCED FIBER OPTIC GUIDED MISSILE (EFOG–M)
SYSTEM.
Section 272(a)(2) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 239) is amended
by striking out ‘‘September 30, 1998,’’ and inserting in lieu thereof
‘‘September 30, 1999,’’.
SEC. 225. HYDRA–70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) FUNDING AUTHORIZATION.—Of the amount authorized to
be appropriated under section 201(1) for the Army for Other Missile
Product Improvement Programs, $9,000,000 is authorized as speci-
fied in subsection (b) for completion of the Hydra–70 product
improvement program authorized for fiscal year 1996.
(b) AUTHORIZED ACTIONS.—Funding is authorized to be appro-
priated for the following:
(1) Procurement for test and flight qualification of at least
one nondevelopmental item 2.75-inch composite rocket motor
propellant type, along with other nondevelopmental item can-
didate motors that use composite propellant as the propulsion
component.
(2) Platform integration, including additional quantities of
the motor chosen for operational certification on the Apache
attack helicopter.
(c) DEFINITION.—In this section, the term ‘‘nondevelopmental
item’’ has the meaning provided in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
SEC. 226. FEDERALLY 
FUNDED 
RESEARCH 
AND 
DEVELOPMENT
CENTERS.
(a) CENTERS COVERED.—Funds authorized to be appropriated
for the Department of Defense for fiscal year 1997 under section
201 may be obligated to procure work from a federally funded
research and development center (in this section referred to as
an ‘‘FFRDC’’) only in the case of a center named in the report
required by subsection (b) and, in the case of such a center, only
in an amount not in excess of the amount of the proposed funding
level set forth for that center in such report.
(b) REPORT ON ALLOCATIONS FOR CENTERS.—(1) Not later than
30 days after the date of the enactment of this Act, the Secretary
H. R. 3230—38
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives a report containing—
(A) the name of each FFRDC from which work is proposed
to be procured for the Department of Defense for fiscal year
1997;
(B) for each such center, the proposed funding level and
the estimated personnel level for fiscal year 1997; and
(C) for each such center, an unambiguous definition of
the unique core competencies required to be maintained for
fiscal year 1997.
(2) The total of the proposed funding levels set forth in the
report for all FFRDCs may not exceed the amount set forth in
subsection (d).
(c) LIMITATION PENDING SUBMISSION OF REPORT.—Not more
than 15 percent of the funds authorized to be appropriated for
the Department of Defense for fiscal year 1997 for FFRDCs under
section 201 may be obligated to procure work from an FFRDC
until the Secretary of Defense submits the report required by sub-
section (b).
(d) FUNDING.—(1) Subject to paragraph (2), of the amounts
authorized to be appropriated by section 201, not more than a
total of $1,214,650,000 may be obligated to procure services from
the FFRDCs named in the report required by subsection (b).
(2) The limitation in paragraph (1) does not apply to funds
obligated for the procurement of equipment for FFRDCs.
(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—The Secretary
of Defense may waive the limitation regarding the maximum fund-
ing amount that applies under subsection (a) to an FFRDC. When-
ever the Secretary proposes to make such a waiver, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives notice of the proposed waiver and the reasons for the waiver.
The waiver may then be made only after the end of the 60-day
period that begins on the date on which the notice is submitted
to those committees, unless the Secretary determines that it is
essential to the national security that funds be obligated for work
at that center in excess of that limitation before the end of such
period and notifies those committees of that determination and
the reasons for the determination.
SEC. 227. DEMILITARIZATION 
OF 
CONVENTIONAL 
MUNITIONS,
ROCKETS, AND EXPLOSIVES.
(a) ESTABLISHMENT OF CONVENTIONAL MUNITIONS, ROCKETS,
AND EXPLOSIVES DEMILITARIZATION PROGRAM.—The Secretary of
Defense shall establish an integrated program for the development
and demonstration of technologies for the demilitarization and dis-
posal of conventional munitions, rockets, and explosives in a manner
that complies with applicable environmental laws.
(b) DURATION OF PROGRAM.—The program established pursuant
to subsection (a) shall be in effect for a period of at least five
years, beginning with fiscal year 1997.
(c) FUNDING.—Of the amount authorized to be appropriated
in section 201, $15,000,000 is authorized to be appropriated for
the program established pursuant to subsection (a). The funding
request for the program shall be set forth separately in the budget
H. R. 3230—39
justification documents for the budget of the Department of Defense
for each fiscal year during which the program is in effect.
(d) REPORTS.—The Secretary of Defense shall submit to Con-
gress a report on the plan for the program established pursuant
to subsection (a) at the same time the President submits to Congress
the budget for fiscal year 1998. The Secretary shall submit an
updated version of such report, setting forth in detail the progress
of the program, at the same time the President submits the budget
for each fiscal year after fiscal year 1998 during which the program
is in effect.
SEC. 228. RESEARCH 
ACTIVITIES 
OF 
THE 
DEFENSE 
ADVANCED
RESEARCH PROJECTS AGENCY RELATING TO CHEMICAL
AND BIOLOGICAL WARFARE DEFENSE TECHNOLOGY.
(a) AUTHORITY.—Section 1701(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107
Stat. 1853; 50 U.S.C. 1522) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Director of the Defense Advanced Research Projects
Agency may conduct a program of basic and applied research and
advanced technology development on chemical and biological war-
fare defense technologies and systems. In conducting such program,
the Director shall seek to avoid unnecessary duplication of the
activities under the program with chemical and biological warfare
defense activities of the military departments and defense agencies
and shall coordinate the activities under the program with those
of the military departments and defense agencies.’’.
(b) FUNDING.—Section 1701(d) of such Act is amended—
(1) in paragraph (1), by striking out ‘‘military departments’’
and inserting in lieu thereof ‘‘Department of Defense’’;
(2) in paragraph (2), by inserting after ‘‘requests for the
program’’ in the first sentence the following: ‘‘(other than for
activities under the program conducted by the Defense
Advanced Research Projects Agency under subsection (c)(2))’’;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) The program conducted by the Defense Advanced Research
Projects Agency under subsection (c)(2) shall be set forth as a
separate program element in the budget of that agency.’’.
SEC. 229. CERTIFICATION OF CAPABILITY OF UNITED STATES TO PRE-
VENT ILLEGAL IMPORTATION OF NUCLEAR, BIOLOGICAL,
AND CHEMICAL WEAPONS.
Not later than 15 days after the date of the enactment of
this Act, the President shall submit to Congress a certification
in writing stating specifically whether or not the United States
has the capability (as of the date of the certification) to prevent
the illegal importation of nuclear, biological, and chemical weapons
into the United States and its possessions.
SEC. 230. NONLETHAL WEAPONS AND TECHNOLOGIES PROGRAMS.
(a) FUNDING.—Of the amount authorized to be appropriated
under section 201(2), $15,000,000 shall be available for joint service
research, development, test, and evaluation of nonlethal weapons
and nonlethal technologies under the program element established
pursuant to subsection (b).
H. R. 3230—40
(b) NEW PROGRAM ELEMENT REQUIRED.—The Secretary of
Defense shall establish a new program element for the funds author-
ized to be appropriated under subsection (a). The funds within
that program element shall be administered by the executive agent
designated for joint service research, development, test, and evalua-
tion of nonlethal weapons and nonlethal technologies.
SEC. 231. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) FUNDING.—Of the funds authorized to be appropriated to
the Department of Defense under section 201(4), $186,200,000 shall
be available for the Counterproliferation Support Program, of which
$75,000,000 shall be available for a tactical antisatellite tech-
nologies program.
(b) ADDITIONAL AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) In addition to the transfer authority provided in section 1001,
upon determination by the Secretary of Defense that such action
is necessary in the national interest, the Secretary may transfer
amounts of authorizations made available to the Department of
Defense in this division for fiscal year 1997 to counterproliferation
programs, projects, and activities identified as areas for progress
by the Counterproliferation Program Review Committee established
by section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note). Amounts of authorizations
so transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) The total amount of authorizations transferred under the
authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations—
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(B) may not be used to provide authority for an item
that has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the amount
authorized for the account to which the amount is transferred
by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
(c) LIMITATION
ON USE
OF FUNDS
FOR TECHNICAL STUDIES
AND ANALYSES PENDING RELEASE OF FUNDS.—(1) None of the funds
authorized to be appropriated to the Department of Defense for
fiscal year 1997 for program element 605104D, relating to technical
studies and analyses, may be obligated or expended until the funds
referred to in paragraph (2) have been released to the program
manager of the tactical anti-satellite technology program for
implementation of that program.
(2) The funds for release referred to in paragraph (1) are
as follows:
(A) Funds authorized to be appropriated by section 218(a)
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 110 Stat. 222) that are available for
the program referred to in paragraph (1).
(B) Funds authorized to be appropriated to the Department
for fiscal year 1997 by this Act for the Counterproliferation
H. R. 3230—41
Support Program that are to be made available for that pro-
gram.
Subtitle C—Ballistic Missile Defense
Programs
SEC. 241. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS
FOR FISCAL YEAR 1997.
(a) PROGRAM AMOUNTS.—Of the amount appropriated pursuant
to section 201(4), the following amounts may be obligated for the
following systems managed by the Ballistic Missile Defense
Organization:
(1) For the Theater High Altitude Area Defense (THAAD)
System, $621,798,000.
(2) For the Navy Upper Tier (Theater Wide) system,
$304,171,000.
(3) For the National Missile Defense System, $858,437,000.
(4) For the Corps Surface-to-Air Missile (SAM)/Medium
Extended Air Defense System (MEADS), $56,200,000.
(b) LIMITATION.—None of the funds appropriated or otherwise
made available for the Department of Defense pursuant to this
or any other Act may be obligated or expended by the Office of
the Under Secretary of Defense for Acquisition and Technology
for official representation activities, or related activities, until the
Secretary of Defense certifies to Congress that—
(1) the Secretary has made available for obligation the
funds provided under subsection (a) for the purposes specified
in that subsection and in the amounts appropriated pursuant
to that subsection; and
(2) the Secretary has included the Navy Upper Tier theater
missile defense system in the theater missile defense core pro-
gram.
(c) LIMITATIONS.—Not more than $15,000,000 of the amount
available for the Corps SAM/MEADS program under subsection
(a) may be obligated until the Secretary of Defense submits to
the congressional defense committees the following:
(1) An initial program estimate for the Corps SAM/MEADS
program, including a tentative schedule of major milestones
and an estimate of the total program cost through initial oper-
ational capability.
(2) A report on the options associated with the use of
existing systems, technologies, and program management
mechanisms to satisfy the requirement for the Corps surface-
to-air missile, including an assessment of cost and schedule
implications in relation to the program estimate submitted
under paragraph (1).
(3) A certification that there will be no increase in overall
United States funding commitment to the project definition
and validation phase of the Corps SAM/MEADS program as
a result of the withdrawal of France from participation in
the program.
SEC. 242. CERTIFICATION OF CAPABILITY OF UNITED STATES TO
DEFEND AGAINST SINGLE BALLISTIC MISSILE.
Not later than 15 days after the date of the enactment of
this Act, the President shall submit to Congress a certification
H. R. 3230—42
in writing stating specifically whether or not the United States
has the military capability (as of the time of the certification)
to intercept and destroy a single ballistic missile launched at the
territory of the United States.
SEC. 243. REPORT 
ON 
BALLISTIC 
MISSILE 
DEFENSE 
AND 
PRO-
LIFERATION.
The Secretary of Defense shall submit to Congress a report
on ballistic missile defense and the proliferation of weapons of
mass destruction, including nuclear, chemical, and biological weap-
ons, and the missiles that can be used to deliver them. The report
shall be submitted not later than December 31, 1996, and shall
include the following:
(1) An assessment of how United States theater missile
defenses contribute to United States efforts to prevent prolifera-
tion, including an evaluation of the specific effect United States
theater missile defense systems can have on dissuading other
states from acquiring ballistic missiles.
(2) An assessment of how United States national missile
defenses contribute to United States efforts to prevent prolifera-
tion.
(3) An assessment of the effect of the lack of national
missile defenses on the desire of other states to acquire ballistic
missiles and an evaluation of the types of missiles other states
might seek to acquire as a result.
(4) A detailed review of the linkages between missile
defenses (both theater and national) and each of the categories
of counterproliferation activities identified by the Secretary of
Defense as part of the Defense Counterproliferation Initiative
announced by the Secretary in December 1993.
(5) A description of how theater and national ballistic mis-
sile 
defenses 
can 
augment 
the 
effectiveness 
of 
other
counterproliferation tools.
SEC. 244. REVISION TO ANNUAL REPORT ON BALLISTIC MISSILE
DEFENSE PROGRAM.
Section 224(b) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note) is amended—
(1) by striking out paragraphs (3), (4), and (10);
(2) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively;
(3) by redesignating paragraph (7) as paragraph (5) and
in that paragraph by striking out ‘‘of the Soviet Union’’ and
‘‘for the Soviet Union’’;
(4) by redesignating paragraph (8) as paragraph (6); and
(5) by redesignating paragraph (9) as paragraph (7) and
in that paragraph—
(A) by striking out ‘‘of the Soviet Union’’ in subpara-
graph (A);
(B) by striking out subparagraphs (C) through (F);
and
(C) by redesignating subparagraph (G) as subpara-
graph (C).
SEC. 245. REPORT ON AIR FORCE NATIONAL MISSILE DEFENSE PLAN.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on National
H. R. 3230—43
Security of the House of Representatives a report on the following
matters regarding the National Missile Defense Plan of the Air
Force:
(1) The cost and operational effectiveness of a system that
could be developed pursuant to that plan.
(2) The arms control implications of such a system.
(3) The growth potential of such a system to meet future
threats.
(4) The recommendations of the Secretary for improvements
to that plan.
SEC. 246. CAPABILITY OF NATIONAL MISSILE DEFENSE SYSTEM.
The Secretary of Defense shall ensure that any National Missile
Defense system deployed by the United States is capable of defeat-
ing the threat posed by the Taepo Dong II missile of North Korea.
SEC. 247. ACTIONS TO LIMIT ADVERSE EFFECTS ON PRIVATE SECTOR
EMPLOYMENT OF ESTABLISHMENT OF NATIONAL MISSILE
DEFENSE JOINT PROGRAM OFFICE.
The Secretary of Defense shall take such actions as are nec-
essary in connection with the establishment of the National Missile
Defense Joint Program Office within the Ballistic Missile Defense
Organization to ensure that the establishment of that office does
not make it necessary for a Federal Government contractor to
reduce significantly the number of persons employed by that con-
tractor for supporting the national missile defense development
program at any particular location outside the National Capital
Region (as defined in section 2674(f)(2) of title 10, United States
Code).
SEC. 248. ABM TREATY DEFINED.
For purposes of this subtitle, the term ‘‘ABM Treaty’’ means
the Treaty Between the United States of America and the Union
of Soviet Socialist Republics on the Limitation of Anti-Ballistic
Missile Systems, and signed at Moscow on May 26, 1972, and
includes the Protocols to that Treaty, signed at Moscow on
July 3, 1974.
Subtitle D—Other Matters
SEC. 261. MAINTENANCE AND REPAIR AT AIR FORCE INSTALLATIONS.
(a) ALLOCATION OF FUNDS.—The Secretary of the Air Force
shall allocate funds authorized to be appropriated by this title
and title III of this Act for maintenance and repair of real property
at military installations of the Department of the Air Force without
regard to whether the installation is supported with funds author-
ized by this title or title III of this Act.
(b) MIXING OF FUNDS PROHIBITED ON INDIVIDUAL PROJECTS.—
The Secretary of the Air Force may not combine funds authorized
to be appropriated by this title and funds authorized to be appro-
priated by title III for an individual project for maintenance and
repair of real property at a military installation of the Department
of the Air Force.
H. R. 3230—44
SEC. 262. REPORT RELATING TO SMALL BUSINESS INNOVATION
RESEARCH PROGRAM.
Not later than March 30, 1997, the Comptroller General shall
submit to Congress and to the Secretary of Defense a report setting
forth the following with respect to the Small Business Innovation
Research Program (as defined by section 2491(11) of title 10, United
States Code):
(1) An assessment of whether there has been a demon-
strable reduction in the quality of research performed under
funding agreements awarded by the Department of Defense
under the program since fiscal year 1995.
(2) An assessment of the degree to which competitive proce-
dures are being followed throughout the military departments
and defense agencies in awarding funding agreements under
the program.
(3) An assessment of the degree to which technologies
developed through the program are or are likely to be used
in military projects and programs.
SEC. 263. AMENDMENT TO UNIVERSITY RESEARCH INITIATIVE SUP-
PORT PROGRAM.
Section 802(c) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1701; 10 U.S.C.
2358 note) is amended by striking out ‘‘fiscal years before the
fiscal year in which the institution submits a proposal’’ and inserting
in lieu thereof ‘‘most recent fiscal years for which complete statistics
are available when proposals are requested’’.
SEC. 264. AMENDMENTS TO DEFENSE EXPERIMENTAL PROGRAM TO
STIMULATE COMPETITIVE RESEARCH.
Section 257(d) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2705; 10 U.S.C.
2358 note) is amended—
(1) in paragraph (1)—
(A) by striking out ‘‘Director of the National Science
Foundation’’ and inserting in lieu thereof ‘‘Under Secretary
of Defense for Acquisition and Technology’’; and
(B) by striking out ‘‘and shall notify the Director of
Defense Research and Engineering of the States so des-
ignated’’; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A)—
(i) by striking out ‘‘Director of the National Science
Foundation’’ and inserting in lieu thereof ‘‘Under Sec-
retary of Defense for Acquisition and Technology’’; and
(ii) by striking out ‘‘as determined by the Director’’
and inserting in lieu thereof ‘‘as determined by the
Under Secretary’’;
(B) in subparagraph (A), by striking out ‘‘(to be deter-
mined in consultation with the Secretary of Defense);’’ and
inserting in lieu thereof ‘‘; and’’;
(C) by striking out ‘‘; and’’ at the end of subparagraph
(B) and inserting in lieu thereof a period; and
(D) by striking out subparagraph (C).
H. R. 3230—45
SEC. 265. ELIMINATION OF REPORT ON THE USE OF COMPETITIVE
PROCEDURES FOR THE AWARD OF CERTAIN CONTRACTS
TO COLLEGES AND UNIVERSITIES.
Section 2361 of title 10, United States Code, is amended by
striking out subsection (c).
SEC. 266. PILOT PROGRAM FOR TRANSFER OF DEFENSE TECH-
NOLOGY INFORMATION TO PRIVATE INDUSTRY.
(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry
out a pilot program to demonstrate online transfers of information
on defense technologies to businesses in the private sector through
an interactive data network involving Small Business Development
Centers of institutions of higher education.
(b) COMPUTERIZED DATA BASE OF DEFENSE TECHNOLOGIES.—
(1) Under the pilot program, the Secretary shall enter into an
agreement with the head of an eligible institution of higher edu-
cation that provides for such institution—
(A) to develop and maintain a computerized data base
of information on defense technologies;
(B) to make such information available online to—
(i) businesses; and
(ii) other institutions of higher education entering into
partnerships with the Secretary under subsection (c).
(2) The online accessibility may be established by means of
any of, or any combination of, the following:
(A) Digital teleconferencing.
(B) International Signal Digital Network lines.
(C) Direct modem hookup.
(c) PARTNERSHIP NETWORK.—Under the pilot program, the Sec-
retary shall seek to enter into agreements with the heads of several
eligible institutions of higher education having strong business edu-
cation programs to provide for the institutions of higher education
entering into such agreements—
(1) to establish interactive computer links with the data
base developed and maintained under subsection (b); and
(2) to assist the Secretary in making information on defense
technologies available online to the broadest practicable num-
ber, types, and sizes of businesses.
(d) ELIGIBLE INSTITUTIONS.—For the purposes of this section,
an institution of higher education is eligible to enter into an agree-
ment under subsection (b) or (c) if the institution has a Small
Business Development Center.
(e) DEFENSE TECHNOLOGIES COVERED.—(1) The Secretary shall
designate the technologies to be covered by the pilot program from
among the existing and experimental technologies that the Sec-
retary determines—
(A) are useful in meeting Department of Defense needs;
and
(B) should be made available under the pilot program to
facilitate the satisfaction of such needs by private sector
sources.
(2) Technologies covered by the program should include tech-
nologies useful for defense purposes that can also be used for
nondefense purposes (with or without modification).
(f) DEFINITIONS.—In this section:
H. R. 3230—46
(1) The term ‘‘Small Business Development Center’’ means
a small business development center established pursuant to
section 21 of the Small Business Act (15 U.S.C. 648).
(2) The term ‘‘defense technology’’ means a technology des-
ignated by the Secretary of Defense under subsection (d).
(3) The term ‘‘partnership’’ means an agreement entered
into under subsection (c).
(g) TERMINATION OF PILOT PROGRAM.—The pilot program shall
terminate one year after the Secretary enters into an agreement
under subsection (b).
(h) AUTHORIZATION
OF
APPROPRIATIONS.—Of the amount
authorized to be appropriated under section 201(4) for university
research initiatives, $3,000,000 is available for the pilot program.
SEC. 267. RESEARCH UNDER TRANSACTIONS OTHER THAN CON-
TRACTS AND GRANTS.
(a) CONDITIONS FOR USE OF AUTHORITY.—Subsection (e) of sec-
tion 2371 of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B);
(2) by inserting ‘‘and’’ after the semicolon at the end of
subparagraph (A), as so redesignated;
(3) by striking out ‘‘; and’’ at the end of subparagraph
(B), as so redesignated, and inserting in lieu thereof a period;
(4) by inserting ‘‘(1)’’ after ‘‘(e) CONDITIONS.—’’; and
(5) by striking out paragraph (3) and inserting in lieu
thereof the following:
‘‘(2) A cooperative agreement containing a clause under sub-
section (d) or a transaction authorized by subsection (a) may be
used for a research project when the use of a standard contract,
grant, or cooperative agreement for such project is not feasible
or appropriate.’’.
(b) REVISED REQUIREMENT FOR ANNUAL REPORT.—Section 2371
of such title is amended by striking out subsection (h) and inserting
in lieu thereof the following:
‘‘(h) ANNUAL REPORT.—(1) Not later than 90 days after the
end of each fiscal year, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives a report
on the use by the Department of Defense during such fiscal
year of—
‘‘(A) cooperative agreements authorized under section 2358
of this title that contain a clause under subsection (d); and
‘‘(B) transactions authorized by subsection (a).
‘‘(2) The report shall include, with respect to the cooperative
agreements and other transactions covered by the report, the
following:
‘‘(A) The technology areas in which research projects were
conducted under such agreements or other transactions.
‘‘(B) The extent of the cost-sharing among Federal Govern-
ment and non-Federal sources.
‘‘(C) The extent to which the use of the cooperative agree-
ments and other transactions—
‘‘(i) has contributed to a broadening of the technology
and industrial base available for meeting Department of
Defense needs; and
H. R. 3230—47
‘‘(ii) has fostered within the technology and industrial
base new relationships and practices that support the
national security of the United States.
‘‘(D) The total amount of payments, if any, that were
received by the Federal Government during the fiscal year
covered by the report pursuant to a clause described in sub-
section (d) that was included in the cooperative agreements
and other transactions, and the amount of such payments,
if any, that were credited to each account established under
subsection (f).’’.
(c) DIVISION OF SECTION INTO DISTINCT PROVISIONS BY SUBJECT
MATTER.—(1) Chapter 139 of title 10, United States Code, is
amended—
(A) by inserting before the last subsection of section 2371
(relating to cooperative research and development agreements
under the Stevenson-Wydler Technology Innovation Act of 1980)
the following:
‘‘§ 2371a. Cooperative research and development agreements
under Stevenson-Wydler Technology Innovation
Act of 1980’’;
(B) in section 2371a (as designated by the amendment
made by subparagraph (A)), by striking out ‘‘(i) COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS UNDER STEVENSON-
WYDLER TECHNOLOGY INNOVATION ACT OF 1980.—’’; and
(C) in the table of sections at the beginning of such chapter,
by inserting after the item relating to section 2371 the follow-
ing:
‘‘2371a. Cooperative research and development agreements under Stevenson-Wydler
Technology Innovation Act of 1980.’’.
(2) Section 2358(d) of such title is amended by striking out
‘‘section 2371’’ and inserting in lieu thereof ‘‘sections 2371 and
2371a’’.
SEC. 268. DESALTING TECHNOLOGIES.
(a) FINDINGS.—Congress makes the following findings:
(1) Access to scarce fresh water is likely to be a cause
of future military conflicts in the Middle East and has a direct
impact on stability and security in the region.
(2) The Middle East is an area of vital and strategic impor-
tance to the United States.
(3) The United States has played a military role in the
Middle East, most recently in the Persian Gulf War, and may
likely be called upon again to deter aggression in the region.
(4) United States troops have used desalting technologies
to guarantee the availability of fresh water in past deployments
in the Middle East.
(5) Adequate, efficient, and cheap access to high-quality
fresh water will be vital to maintaining the readiness and
sustainability of troops of both the United States and its allies.
(b) SENSE OF CONGRESS.—It is the sense of Congress that,
as improved access to fresh water will be an important factor
in helping prevent future conflicts in the Middle East, the United
States should, in cooperation with its allies, promote and invest
in technologies to reduce the costs of converting saline water into
fresh water.
H. R. 3230—48
(c) FUNDING
FOR
RESEARCH
AND
DEVELOPMENT.—Of the
amounts authorized to be appropriated by this title, the Secretary
shall place greater emphasis on making funds available for research
and development into efficient and economical processes and meth-
ods for converting saline water into fresh water.
SEC. 269. EVALUATION OF DIGITAL VIDEO NETWORK EQUIPMENT
USED IN OLYMPIC GAMES.
(a) EVALUATION.—The Secretary of Defense shall evaluate the
digital video network equipment used in the 1996 Olympic games
to determine whether such equipment would be the most appro-
priate equipment for use as a test bed for the military application
of commercial off-the-shelf advanced technology linking multiple
continents, multiple satellites, and multiple theaters of operations
by compressed digital audio and visual broadcasting technology.
(b) REPORT.—Not later than April 1, 1997, the Secretary of
Defense shall submit to Congress a report on the results of the
evaluation conducted under subsection (a).
SEC. 270. ANNUAL JOINT WARFIGHTING SCIENCE AND TECHNOLOGY
PLAN.
(a) ANNUAL PLAN REQUIRED.—On March 1 of each year, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a plan for ensuring that the science
and technology program of the Department of Defense supports
the development of the future joint warfighting capabilities identi-
fied as priority requirements for the Armed Forces.
(b) FIRST PLAN.—The first plan under subsection (a) shall be
submitted not later than March 1, 1997.
Subtitle E—National Oceanographic
Partnership Program
SEC. 281. FINDINGS.
Congress finds the following:
(1) The oceans and coastal areas of the United States
are among the Nation’s most valuable natural resources, mak-
ing substantial contributions to economic growth, quality of
life, and national security.
(2) Oceans drive global and regional climate. Hence, they
contain information affecting agriculture, fishing, and the pre-
diction of severe weather.
(3) Understanding of the oceans through basic and applied
research is essential for using the oceans wisely and protecting
their limited resources. Therefore, the United States should
maintain its world leadership in oceanography as one key to
its competitive future.
(4) Ocean research and education activities take place
within Federal agencies, academic institutions, and industry.
These entities often have similar requirements for research
facilities, data, and other resources (such as oceanographic
research vessels).
(5) The need exists for a formal mechanism to coordinate
existing partnerships and establish new partnerships for the
sharing of resources, intellectual talent, and facilities in the
H. R. 3230—49
ocean sciences and education, so that optimal use can be made
of this most important natural resource for the well-being of
all Americans.
SEC. 282. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) PROGRAM REQUIRED.—(1) Subtitle C of title 10, United
States Code, is amended by adding after chapter 663 the following
new chapter:
‘‘CHAPTER 665—NATIONAL OCEANOGRAPHIC
PARTNERSHIP PROGRAM
‘‘Sec.
‘‘7901. National Oceanographic Partnership Program.
‘‘7902. National Ocean Research Leadership Council.
‘‘7903. Ocean Research Advisory Panel.
‘‘§ 7901. National Oceanographic Partnership Program
‘‘(a) ESTABLISHMENT.—The Secretary of the Navy shall establish
a program to be known as the ‘National Oceanographic Partnership
Program’.
‘‘(b) PURPOSES.—The purposes of the program are as follows:
‘‘(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality
of life, and strengthening science education and communication
through improved knowledge of the ocean.
‘‘(2) To coordinate and strengthen oceanographic efforts
in support of those goals by—
‘‘(A) identifying and carrying out partnerships among
Federal agencies, academia, industry, and other members
of the oceanographic scientific community in the areas
of data, resources, education, and communication; and
‘‘(B) reporting annually to Congress on the program.
‘‘§ 7902. National Ocean Research Leadership Council
‘‘(a) COUNCIL.—There is a National Ocean Research Leadership
Council (hereinafter in this chapter referred to as the ‘Council’).
‘‘(b) MEMBERSHIP.—The Council is composed of the following
members:
‘‘(1) The Secretary of the Navy.
‘‘(2) The Administrator of the National Oceanic and
Atmospheric Administration.
‘‘(3) The Director of the National Science Foundation.
‘‘(4) The Administrator of the National Aeronautics and
Space Administration.
‘‘(5) The Deputy Secretary of Energy.
‘‘(6) The Administrator of the Environmental Protection
Agency.
‘‘(7) The Commandant of the Coast Guard.
‘‘(8) The Director of the Geological Survey of the Depart-
ment of the Interior.
‘‘(9) The Director of the Defense Advanced Research
Projects Agency.
‘‘(10) The Director of the Minerals Management Service
of the Department of the Interior.
‘‘(11) The President of the National Academy of Sciences,
the President of the National Academy of Engineering, and
the President of the Institute of Medicine.
H. R. 3230—50
‘‘(12) The Director of the Office of Science and Technology.
‘‘(13) The Director of the Office of Management and Budget.
‘‘(14) One member appointed by the chairman from among
individuals who will represent the views of ocean industries.
‘‘(15) One member appointed by the chairman from among
individuals who will represent the views of State governments.
‘‘(16) One member appointed by the chairman from among
individuals who will represent the views of academia.
‘‘(17) One member appointed by the chairman from among
individuals who will represent such other views as the chairman
considers appropriate.
‘‘(c) CHAIRMAN AND VICE CHAIRMAN.—(1) Except as provided
in paragraph (2), the chairman and vice chairman of the Council
shall be appointed every two years by a selection committee of
the Council composed of, at a minimum, the Secretary of the Navy,
the Administrator of the National Oceanic and Atmospheric
Administration, and the Director of the National Science Founda-
tion. The term of office of the chairman and vice chairman shall
be two years. A person who has previously served as chairman
or vice chairman may be reappointed.
‘‘(2) The first chairman of the Council shall be the Secretary
of the Navy. The first vice chairman of the Council shall be the
Administrator of the National Oceanic and Atmospheric Administra-
tion.
‘‘(d) TERM
OF OFFICE.—The term of office of a member of
the Council appointed under paragraph (14), (15), (16), or (17)
of subsection (b) shall be two years, except that any person
appointed to fill a vacancy occurring before the expiration of the
term for which his predecessor was appointed shall be appointed
for the remainder of such term.
‘‘(e) RESPONSIBILITIES.—The Council shall have the following
responsibilities:
‘‘(1) To prescribe policies and procedures to implement the
National Oceanographic Partnership Program.
‘‘(2) To review, select, and identify and allocate funds for
partnership projects for implementation under the program,
based on the following criteria:
‘‘(A) Whether the project addresses critical research
objectives or operational goals, such as data accessibility
and quality assurance, sharing of resources, education, or
communication.
‘‘(B) Whether the project has, or is designed to have,
broad participation within the oceanographic community.
‘‘(C) Whether the partners have a long-term commit-
ment to the objectives of the project.
‘‘(D) Whether the resources supporting the project are
shared among the partners.
‘‘(E) Whether the project has been subjected to ade-
quate peer review.
‘‘(3) To assess whether there is a need for a facility (or
facilities) to provide national centralization of oceanographic
data, and to establish such a facility or facilities if determined
necessary. In conducting the assessment, the Council shall
review, at a minimum, the following:
‘‘(A) The need for a national oceanographic data center.
‘‘(B) The need for a national coastal data center.
‘‘(C) Accessibility by potential users of such centers.
H. R. 3230—51
‘‘(D) Preexisting facilities and expertise.
‘‘(f) ANNUAL REPORT.—Not later than March 1 of each year,
the Council shall submit to Congress a report on the National
Oceanographic Partnership Program. The report shall contain the
following:
‘‘(1) A description of activities of the program carried out
during the fiscal year before the fiscal year in which the report
is prepared, together with a list of the members of the Ocean
Research Advisory Panel and any working groups in existence
during the fiscal year covered.
‘‘(2) A general outline of the activities planned for the
program during the fiscal year in which the report is prepared.
‘‘(3) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in which
the report is prepared and during the following fiscal year.
‘‘(4) A description of the involvement of the program with
Federal interagency coordinating entities.
‘‘(5) The amounts requested, in the budget submitted to
Congress pursuant to section 1105(a) of title 31, United States
Code, for the fiscal year following the fiscal year in which
the report is prepared, for the programs, projects, and activities
of the program and the estimated expenditures under such
programs, projects, and activities during such following fiscal
year.
‘‘(g) PARTNERSHIP PROGRAM OFFICE.—(1) The Council shall
establish a partnership program office for the National Oceano-
graphic Partnership Program. The Council shall use competitive
procedures in selecting an operator for the partnership program
office.
‘‘(2) The Council shall assign the following duties to the partner-
ship program office:
‘‘(A) To establish and oversee working groups to propose
partnership projects to the Council and advise the Council
on such projects.
‘‘(B) To manage the process for proposing partnership
projects to the Council, including managing peer review of
such projects.
‘‘(C) To submit to the Council an annual report on the
status of all partnership projects and activities of the office.
‘‘(D) Any additional duties for the administration of the
National Oceanographic Partnership Program that the Council
considers appropriate.
‘‘(3) The Council shall supervise the performance of duties
by the partnership program office.
‘‘(h) CONTRACT
AND GRANT AUTHORITY.—The Council may
authorize one or more of the departments or agencies represented
on the Council to enter into contracts and make grants, using
funds appropriated pursuant to an authorization of appropriations
for the National Oceanographic Partnership Program, for the pur-
pose of implementing the program and carrying out the responsibil-
ities of the Council.
‘‘(i) ESTABLISHMENT AND FORMS OF PARTNERSHIP PROJECTS.—
(1) A partnership project under the National Oceanographic Part-
nership Program may be established by any instrument that the
Council considers appropriate, including a memorandum of under-
H. R. 3230—52
standing, a cooperative research and development agreement, and
any similar instrument.
‘‘(2) Projects under the program may include demonstration
projects.
‘‘§ 7903. Ocean Research Advisory Panel
‘‘(a) ESTABLISHMENT.—The Council shall establish an Ocean
Research Advisory Panel consisting of not less than 10 and not
more than 18 members appointed by the Council from among per-
sons eminent in the fields of marine science or marine policy,
or related fields, and who are representative, at a minimum, of
the interests of government, academia, and industry.
‘‘(b) RESPONSIBILITIES.—The Council shall assign to the
Advisory Panel responsibilities that the Council considers appro-
priate.’’.
(2) The table of chapters at the beginning of subtitle C of
title 10, United States Code, and the table of chapters at the
beginning of part IV of such subtitle, are each amended by inserting
after the item relating to chapter 663 the following:
‘‘665. National Oceanographic Partnership Program ................................ 7901’’.
(b) INITIAL APPOINTMENTS OF COUNCIL MEMBERS.—The Sec-
retary of the Navy shall make the appointments required by section
7902(b) of title 10, United States Code, as added by subsection
(a)(1), not later than December 1, 1996.
(c) INITIAL APPOINTMENTS
OF ADVISORY PANEL MEMBERS.—
The National Ocean Research Leadership Council established by
section 7902 of title 10, United States Code, as added by subsection
(a)(1), shall make the appointments required by section 7903 of
such title not later than January 1, 1997.
(d) FIRST ANNUAL REPORT
OF NATIONAL OCEAN RESEARCH
LEADERSHIP COUNCIL.—The first annual report required by section
7902(f) of title 10, United States Code, as added by subsection
(a)(1), shall be submitted to Congress not later than March 1,
1997. The first report shall include, in addition to the information
required by such section, information about the terms of office,
procedures, and responsibilities of the Ocean Research Advisory
Panel established by the Council.
(e) AUTHORIZATION.—(1) Of the amount authorized to be appro-
priated to the Department of the Navy by section 201(2),
$13,000,000 shall be available for the National Oceanographic Part-
nership Program established pursuant to section 7901 of title 10,
United States Code, as added by subsection (a)(1).
(2) Of the amount authorized to be appropriated to the Depart-
ment of the Navy by section 301(2), $7,500,000 shall be available
for such program.
(f) FUNDING
FOR PROGRAM OFFICE.—Of the amount appro-
priated for the National Oceanographic Partnership Program for
fiscal year 1997, at least $500,000, or 3 percent of the amount
appropriated, whichever is greater, shall be available for operations
of the partnership program office established pursuant to section
7902(g) of title 10, United States Code, as added by subsection
(a)(1), for such fiscal year.
H. R. 3230—53
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR–71 contingency reconnaissance force.
Subtitle B—Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval shipyards to engage
in defense-related production and services.
Sec. 312. Test programs for modernization-through-spares.
Subtitle C—Environmental Provisions
Sec. 321. Defense contractors covered by requirement for reports on contractor
reimbursement costs for response actions.
Sec. 322. Establishment of separate environmental restoration accounts for each
military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for Defense Environ-
mental Restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air emissions
during shipyard blasting and coating operations.
Sec. 327. Agreements for services of other agencies in support of environmental
technology certification.
Sec. 328. Repeal of redundant notification and consultation requirements regarding
remedial investigations and feasibility studies at certain installations to
be closed under the base closure laws.
Sec. 329. Authority for agreements with Indian tribes for services under environ-
mental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on National Priorities
List.
Sec. 331. Clarification of meaning of uncontaminated property for purposes of
transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before completion of
required response actions.
Subtitle D—Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies to provide or obtain goods and services to
promote efficient operation and management of exchanges and morale,
welfare, and recreation activities.
Sec. 342. Noncompetitive procurement of brand-name commercial items for resale
in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle E—Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of printing and
duplication services.
Sec. 352. Reporting requirements under demonstration project for purchase of fire,
security, police, public works, and utility services from local government
agencies.
Subtitle F—Other Matters
Sec. 361. Authority for use of appropriated funds for recruiting functions.
Sec. 362. Training of members of the uniformed services at non-Government
facilities.
Sec. 363. Requirement for preparation of plan for improved operation of working-
capital funds and effect of failure to produce an approved plan.
Sec. 364. Increase in capital asset threshold under Defense Business Operations
Fund.
H. R. 3230—54
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in National
Capital Region.
Sec. 370. Administration of midshipmen’s store and other Naval Academy support
activities as nonappropriated fund instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian students at
Foreign Language Institute of the Defense Language Institute.
Sec. 372. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense civilian em-
ployees.
Sec. 373. Renovation of building for Defense Finance and Accounting Service
Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services at Lincoln
Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year
1997 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $18,264,406,000.
(2) For the Navy, $20,387,737,000.
(3) For the Marine Corps, $2,421,007,000.
(4) For the Air Force, $17,635,335,000.
(5) For Defense-wide activities, $9,912,962,000.
(6) For the Army Reserve, $1,136,436,000.
(7) For the Naval Reserve, $858,927,000.
(8) For the Marine Corps Reserve, $113,367,000.
(9) For the Air Force Reserve, $1,499,553,000.
(10) For the Army National Guard, $2,277,477,000.
(11) For the Air National Guard, $2,711,173,000.
(12) For the Defense Inspector General, $136,501,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,797,000.
(14) For Environmental Restoration, Army, $356,916,000.
(15) For Environmental Restoration, Navy, $302,900,000.
(16) 
For 
Environmental 
Restoration, 
Air 
Force,
$414,700,000.
(17) 
For 
Environmental 
Restoration, 
Defense-wide,
$258,500,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $54,544,000.
(19) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $796,524,000.
(20) For the Kaho’olawe Island Conveyance, Remediation,
and Environmental Restoration Trust Fund, $10,000,000.
(21) For Medical Programs, Defense, $9,833,288,000.
(22) 
For 
Cooperative 
Threat 
Reduction 
programs,
$364,900,000.
(23) For Domestic Emergency Assistance programs,
$97,000,000.
(24) For OPLAN 34A–35 P.O.W. payments, $20,000,000.
H. R. 3230—55
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
1997 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) 
For 
the 
Defense 
Business 
Operations 
Fund,
$947,900,000.
(2) For the National Defense Sealift Fund, $1,118,002,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
1997 from the Armed Forces Retirement Home Trust Fund the
sum of $57,300,000 for the operation of the Armed Forces Retire-
ment Home, including the United States Soldiers’ and Airmen’s
Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANS-
ACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in appropria-
tions Acts, not more than $150,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to
operation and maintenance accounts for fiscal year 1997 in amounts
as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT
OF TRANSFERS.—Amounts transferred under
this section—
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The trans-
fer authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL CORPORATION.
(a) FUNDING.—Of the amount authorized to be appropriated
pursuant to section 301 for operation and maintenance, $14,526,000
shall be available for the Civil Air Patrol Corporation.
(b) AMOUNT FOR CERTAIN OPERATIONS.—Of the amount made
available to the Civil Air Patrol Corporation pursuant to subsection
(a), not less than 25 percent of such amount shall be reserved
to cover the costs of search and rescue missions and disaster relief
missions.
SEC. 306. AVAILABILITY OF ADDITIONAL FUNDS FOR ANTITERRORISM
ACTIVITIES.
Of the amount authorized to be appropriated pursuant to sec-
tion 301 for operation and maintenance, $14,000,000 shall be avail-
able to the Secretary of Defense for activities designed to meet
the antiterrorism responsibilities of the Department of Defense,
including activities related to intelligence support, physical security
measures, and education and training regarding antiterrorism. The
amount made available by this section is in addition to amounts
otherwise made available by this Act for antiterrorism activities.
H. R. 3230—56
SEC. 307. NONLETHAL WEAPONS CAPABILITIES.
Of the amount authorized to be appropriated pursuant to sec-
tion 301, $5,000,000 shall be available for the immediate procure-
ment of nonlethal weapons capabilities to meet existing deficiencies
in inventories of such capabilities, of which—
(1) $2,000,000 shall be available for the Army; and
(2) $3,000,000 shall be available for the Marine Corps.
SEC. 308. SR–71 CONTINGENCY RECONNAISSANCE FORCE.
Of the funds authorized to be appropriated by section 301(4),
$30,000,000 is authorized to be made available for the SR–71 contin-
gency reconnaissance force.
Subtitle B—Depot-Level Activities
SEC. 311. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1684) is amended
by striking out ‘‘September 30, 1996’’ and inserting in lieu thereof
‘‘September 30, 1997’’.
SEC. 312. TEST PROGRAMS FOR MODERNIZATION-THROUGH-SPARES.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on the steps
that the Secretary has taken to ensure that each program included
in the modernization-through-spares program of the Army is con-
ducted in accordance with—
(1) the competition requirements in section 2304 of title
10, United States Code;
(2) the core logistics requirements in section 2464 of such
title;
(3) the public-private competition requirements in section
2469 of such title; and
(4) requirements relating to contract bundling and spare
parts breakout in subsections (a) and (l) of section 15 of the
Small Business Act (15 U.S.C. 644) and regulations implement-
ing such subsections in the Defense Federal Acquisition Regula-
tion Supplement.
Subtitle C—Environmental Provisions
SEC. 321. DEFENSE CONTRACTORS COVERED BY REQUIREMENT FOR
REPORTS 
ON 
CONTRACTOR 
REIMBURSEMENT 
COSTS
FOR RESPONSE ACTIONS.
Section 2706(d)(1)(A) of title 10, United States Code, is amended
by striking out ‘‘100’’ and inserting in lieu thereof ‘‘20’’.
SEC. 322. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL RESTORA-
TION ACCOUNTS FOR EACH MILITARY DEPARTMENT.
(a) ESTABLISHMENT.—(1) Section 2703 of title 10, United States
Code, is amended to read as follows:
H. R. 3230—57
‘‘§ 2703. Environmental restoration accounts
‘‘(a) ESTABLISHMENT OF ACCOUNTS.—There are hereby estab-
lished in the Department of Defense the following accounts:
‘‘(1) An account to be known as the ‘Environmental Restora-
tion Account, Defense’.
‘‘(2) An account to be known as the ‘Environmental Restora-
tion Account, Army’.
‘‘(3) An account to be known as the ‘Environmental Restora-
tion Account, Navy’.
‘‘(4) An account to be known as the ‘Environmental Restora-
tion Account, Air Force’.
‘‘(b) OBLIGATION OF AUTHORIZED AMOUNTS.—Funds authorized
for deposit in an account under subsection (a) may be obligated
or expended from the account only in order to carry out the environ-
mental restoration functions of the Secretary of Defense and the
Secretaries of the military departments under this chapter and
under any other provision of law. Funds so authorized shall remain
available until expended.
‘‘(c) BUDGET REPORTS.—In proposing the budget for any fiscal
year pursuant to section 1105 of title 31, United States Code,
the President shall set forth separately the amounts requested
for environmental restoration programs of the Department of
Defense and of each of the military departments under this chapter
and under any other Act.
‘‘(d) CREDIT OF AMOUNTS RECOVERED.—The following amounts
shall be credited to the appropriate environmental restoration
account:
‘‘(1) Amounts recovered under CERCLA for response
actions.
‘‘(2) Any other amounts recovered from a contractor,
insurer, surety, or other person to reimburse the Department
of Defense or a military department for any expenditure for
environmental response activities.
‘‘(e) PAYMENTS OF FINES AND PENALTIES.—None of the funds
appropriated to the Environmental Restoration Account, Defense,
for fiscal years 1995 through 1999, or to any environmental restora-
tion account of a military department for fiscal years 1997 through
1999, may be used for the payment of a fine or penalty (including
any supplemental environmental project carried out as part of such
penalty) imposed against the Department of Defense or a military
department unless the act or omission for which the fine or penalty
is imposed arises out of an activity funded by the environmental
restoration account concerned and the payment of the fine or pen-
alty has been specifically authorized by law.’’.
(2) The table of sections at the beginning of chapter 160 of
title 10, United States Code, is amended by striking out the item
relating to section 2703 and inserting in lieu thereof the following
new item:
‘‘2703. Environmental restoration accounts.’’.
(b) REFERENCES.—Any reference to the Defense Environmental
Restoration Account in any Federal law, Executive Order, regula-
tion, delegation of authority, or document shall be deemed to refer
to the appropriate environmental restoration account established
under section 2703(a)(1) of title 10, United States Code (as amended
by subsection (a)(1)).
H. R. 3230—58
(c) CONFORMING AMENDMENT.—Section 2705(g)(1) of title 10,
United States Code, is amended by striking out ‘‘the Defense
Environmental Restoration Account established’’ and inserting in
lieu thereof ‘‘the environmental restoration account concerned’’.
(d) TREATMENT OF UNOBLIGATED BALANCES.—Any unobligated
balances that remain in the Defense Environmental Restoration
Account under section 2703(a) of title 10, United States Code,
as of the effective date specified in subsection (e) shall be transferred
on such date to the Environmental Restoration Account, Defense,
established under section 2703(a)(1) of title 10, United States Code
(as amended by subsection (a)(1)).
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the later of—
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
SEC. 323. PAYMENTS OF STIPULATED PENALTIES ASSESSED UNDER
CERCLA.
(a) AUTHORITY.—The Secretary of Defense may pay the
following:
(1) Stipulated civil penalties, to the Hazardous Substance
Superfund established under section 9507 of the Internal Reve-
nue Code of 1986, in amounts, and using funds, as follows:
(A) Using funds authorized to be appropriated to the
Environmental Restoration Account, Army, established
under section 2703(a)(2) of title 10, United States Code
(as amended by section 322 of this Act)—
(i) not more than $34,000 assessed against Fort
Riley, Kansas, under CERCLA; and
(ii) not more than $37,500 assessed against Lake
City 
Army 
Ammunition 
Plant, 
Missouri, 
under
CERCLA.
(B) Using funds authorized to be appropriated to the
Environmental Restoration Account, Navy, established
under section 2703(a)(3) of that title, as so amended, not
more than $30,000 assessed against the Naval Education
and Training Center, Newport, Rhode Island, under
CERCLA.
(C) Using funds authorized to be appropriated to the
Environmental Restoration Account, Air Force, established
under section 2703(a)(4) of that title, as so amended—
(i) not more than $55,000 assessed against the
Massachusetts Military Reservation, Massachusetts,
under CERCLA; and
(ii) not more than $10,000 assessed against F.E.
Warren Air Force Base, Wyoming, under CERCLA.
(2) Using funds authorized to be appropriated to the
Environmental Restoration Account, Air Force, established
under section 2703(a)(4) of that title, as so amended, not more
than $500,000 to carry out one environmental restoration
project, as part of a negotiated agreement in lieu of stipulated
penalties assessed under CERCLA against the Massachusetts
Military Reservation, Massachusetts.
(b) CERCLA DEFINED.—In this section, the term ‘‘CERCLA’’
means the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
H. R. 3230—59
SEC. 324. SHIPBOARD SOLID WASTE CONTROL.
(a) IN GENERAL.—Section 3(c) of the Act to Prevent Pollution
from Ships (33 U.S.C. 1902(c)) is amended—
(1) in paragraph (1), by striking out ‘‘Not later than’’ and
inserting in lieu thereof ‘‘Except as provided in paragraphs
(2) and (3), not later than’’; and
(2) by striking out paragraphs (2), (3), and (4) and inserting
in lieu thereof the following:
‘‘(2)(A) Subject to subparagraph (B), any ship described in
subparagraph (C) may discharge, without regard to the special
area requirements of Regulation 5 of Annex V to the Convention,
the following non-plastic, non-floating garbage:
‘‘(i) A slurry of seawater, paper, cardboard, or food waste
that is capable of passing through a screen with openings
no larger than 12 millimeters in diameter.
‘‘(ii) Metal and glass that have been shredded and bagged
so as to ensure negative buoyancy.
‘‘(B)(i) Garbage described in subparagraph (A)(i) may not be
discharged within 3 nautical miles of land.
‘‘(ii) Garbage described in subparagraph (A)(ii) may not be
discharged within 12 nautical miles of land.
‘‘(C) This paragraph applies to any ship that is owned or oper-
ated by the Department of the Navy that, as determined by the
Secretary of the Navy—
‘‘(i) has unique military design, construction, manning, or
operating requirements; and
‘‘(ii) cannot fully comply with the special area requirements
of Regulation 5 of Annex V to the Convention because compli-
ance is not technologically feasible or would impair the oper-
ations or operational capability of the ship.
‘‘(3)(A) Not later than December 31, 2000, the Secretary of
the Navy shall prescribe and publish in the Federal Register stand-
ards to ensure that each ship described in subparagraph (B) is,
to the maximum extent practicable without impairing the operations
or operational capabilities of the ship, operated in a manner that
is consistent with the special area requirements of Regulation 5
of Annex V to the Convention.
‘‘(B) Subparagraph (A) applies to surface ships that are owned
or operated by the Department of the Navy that the Secretary
plans to decommission during the period beginning on January
1, 2001, and ending on December 31, 2005.
‘‘(C) At the same time that the Secretary publishes standards
under subparagraph (A), the Secretary shall publish in the Federal
Register a list of the ships covered by subparagraph (B).’’.
(b) SENSE OF CONGRESS.—(1) It is the sense of Congress that
it should be an objective of the Navy to achieve full compliance
with Annex V to the Convention as part of the Navy’s development
of ships that are environmentally sound.
(2) In this subsection, the terms ‘‘Convention’’ and ‘‘ship’’ have
the meanings given such terms in section 2(a) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901(a)).
(c) REPORT ON COMPLIANCE WITH ANNEX V TO THE CONVEN-
TION.—The Secretary of Defense shall include in each report on
environmental compliance activities submitted to Congress under
section 2706(b) of title 10, United States Code, the following
information:
H. R. 3230—60
(1) A list of the ship types, if any, for which the Secretary
of the Navy has made the determination referred to in para-
graph (2)(C) of section 3(c) of the Act to Prevent Pollution
from Ships, as amended by subsection (a)(2) of this section.
(2) A list of ship types which the Secretary of the Navy
has determined can comply with Regulation 5 of Annex V
to the Convention.
(3) A summary of the progress made by the Navy in
implementing the requirements of paragraphs (2) and (3) of
such section 3(c), as so amended.
(4) A description of any emerging technologies offering
the potential to achieve full compliance with Regulation 5 of
Annex V to the Convention.
(5) The amount and nature of the discharges in special
areas, not otherwise authorized under the Act to Prevent Pollu-
tion from Ships (33 U.S.C. 1901 et seq.), during the preceding
year from ships referred to in section 3(b)(1)(A) of such Act
owned or operated by the Department of the Navy.
(d) PUBLICATION
REGARDING
SPECIAL
AREA
DISCHARGES.—
Subparagraph (A) of section 3(e)(4) of the Act to Prevent Pollution
from Ships (33 U.S.C. 1902(e)(4)) is amended to read as follows:
‘‘(A) Each year, the amount and nature of the dis-
charges in special areas, not otherwise authorized under
this Act, during the preceding year from ships referred
to in subsection (b)(1)(A) of this section owned or operated
by the Department of the Navy.’’.
SEC. 325. AUTHORITY TO DEVELOP AND IMPLEMENT LAND USE
PLANS FOR DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM.
(a) AUTHORITY.—The Secretary of Defense may, to the extent
possible and practical, develop and implement, as part of the
Defense Environmental Restoration Program provided for in chapter
160 of title 10, United States Code, a land use plan for any defense
site selected by the Secretary under subsection (b).
(b) SELECTION OF SITES.—The Secretary may select up to 10
defense sites, from among sites where the Secretary is planning
or implementing environmental restoration activities, for which land
use plans may be developed under this section.
(c) REQUIREMENT TO CONSULT WITH REVIEW COMMITTEE OR
ADVISORY BOARD.—In developing a land use plan under this section,
the Secretary shall consult with a technical review committee estab-
lished pursuant to section 2705(c) of title 10, United States Code,
a restoration advisory board established pursuant to section 2705(d)
of such title, a local land use redevelopment authority, or another
appropriate State agency.
(d) 50-YEAR PLANNING PERIOD.—A land use plan developed
under this section shall cover a period of at least 50 years.
(e) IMPLEMENTATION.—For each defense site for which the Sec-
retary develops a land use plan under this section, the Secretary
shall take into account the land use plan in selecting and
implementing, in accordance with applicable law, environmental
restoration activities at the site.
(f) DEADLINES.—For each defense site for which the Secretary
intends to develop a land use plan under this section, the Secretary
shall develop a draft land use plan by October 1, 1997, and a
final land use plan by March 15, 1998.
H. R. 3230—61
(g) DEFINITION OF DEFENSE SITE.—For purposes of this section,
the term ‘‘defense site’’ means (A) any building, structure, installa-
tion, equipment, pipe or pipeline (including any pipe into a sewer
or publicly owned treatment works), well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container, motor vehicle, roll-
ing stock, or aircraft under the jurisdiction of the Department
of Defense, or (B) any site or area under the jurisdiction of the
Department of Defense where a hazardous substance has been
deposited, stored, disposed of, or placed, or otherwise come to be
located; but does not include any consumer product in consumer
use or any vessel.
(h) REPORT.—In the annual report required under section
2706(a) of title 10, United States Code, the Secretary shall include
information on the land use plans developed under this section
and the effect such plans have had on environmental restoration
activities at the defense sites where they have been implemented.
The annual report submitted in 1999 shall include recommendations
on whether such land use plans should be developed and imple-
mented throughout the Department of Defense.
(i) SAVINGS PROVISIONS.—(1) Nothing in this section, or in
a land use plan developed under this section with respect to a
defense site, shall be construed as requiring any modification to
a land use plan that was developed before the date of the enactment
of this Act.
(2) Nothing in this section may be construed to affect statutory
requirements for an environmental restoration or waste manage-
ment activity or project or to modify or otherwise affect applicable
statutory or regulatory environmental restoration and waste
management 
requirements, 
including 
substantive 
standards
intended to protect public health and the environment, nor shall
anything in this section be construed to preempt or impair any
local land use planning or zoning authority or State authority.
SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECHNOLOGY FOR
LIMITING AIR EMISSIONS DURING SHIPYARD BLASTING
AND COATING OPERATIONS.
(a) DETERMINATION BY SECRETARY OF THE NAVY.—(1) The Sec-
retary of the Navy shall make a determination whether the alter-
native technology described in paragraph (2) has the clear potential
for significant benefit to the Navy. The Secretary shall submit
to Congress a notification in writing of the determination not later
than 60 days after the date of the enactment of this Act.
(2) The technology referred to in paragraph (1) is an alternative
technology designed to capture and destroy or remove particulate
emissions and volatile air pollutants that occur during abrasive
blasting and coating operations at naval shipyards.
(b) PILOT PROGRAM.—If the determination made under sub-
section (a)(1) is in the affirmative, the Secretary shall establish
a pilot program to test the alternative technology. In conducting
the test, the Secretary shall seek to demonstrate whether the tech-
nology is valid, cost effective, and in compliance with environmental
laws and regulations.
(c) REPORT.—Upon completion of the test conducted under the
pilot program, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report setting forth
in detail the results of the test. The report shall include
H. R. 3230—62
recommendations on whether the alternative technology merits
implementation at naval shipyards and such other recommenda-
tions as the Secretary considers appropriate.
SEC. 327. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN SUP-
PORT OF ENVIRONMENTAL TECHNOLOGY CERTIFICATION.
(a) AUTHORITY.—Subject to subsection (b), the Secretary of
Defense may enter into a cooperative agreement with an agency
of a State or local government to obtain assistance in certifying
environmental technologies.
(b) LIMITATIONS.—The Secretary of Defense may enter into
a cooperative agreement with respect to an environmental tech-
nology under subsection (a) only if the Secretary determines—
(1) that the technology has clear potential to be of signifi-
cant value to the Department of Defense in carrying out its
environmental restoration activities; and
(2) that there is no reasonably available market in the
private sector for the technology without a certification by
the Department of Defense, the Environmental Protection
Agency, or a State environmental agency.
(c) TYPES OF ASSISTANCE.— The types of assistance that may
be obtained under subsection (a) include the following:
(1) Data collection and analysis.
(2) Technical assistance in conducting a demonstration of
an environmental technology, including the implementation of
quality assurance and quality control programs.
(d) REPORT.—In the annual report required under section
2706(a) of title 10, United States Code, the Secretary of Defense
shall include the following information with respect to cooperative
agreements entered into under this section:
(1) The number of such agreements.
(2) The number of States in which such agreements have
been entered into.
(3) A description of the nature of the technology involved
in each such agreement.
(4) The amount of funds obligated or expended by the
Department of Defense for each such agreement during the
year covered by the report.
(e) TERMINATION OF AUTHORITY.—The authority provided under
subsection (a) shall terminate five years after the date of the enact-
ment of this Act.
SEC. 328. REPEAL 
OF 
REDUNDANT 
NOTIFICATION 
AND
CONSULTATION REQUIREMENTS REGARDING REMEDIAL
INVESTIGATIONS AND FEASIBILITY STUDIES AT CERTAIN
INSTALLATIONS TO BE CLOSED UNDER THE BASE CLO-
SURE LAWS.
Section 334 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1340; 10
U.S.C. 2687 note) is repealed.
SEC. 329. AUTHORITY FOR AGREEMENTS WITH INDIAN TRIBES FOR
SERVICES UNDER ENVIRONMENTAL RESTORATION PRO-
GRAM.
Section 2701(d) of title 10, United States Code, is amended—
(1) in the first sentence of paragraph (1), by striking out
‘‘, or with any State or local government agency,’’ and inserting
H. R. 3230—63
in lieu thereof ‘‘, with any State or local government agency,
or with any Indian tribe,’’; and
(2) by adding at the end the following:
‘‘(3) DEFINITION.—In this subsection, the term ‘Indian tribe’
has the meaning given such term in section 101(36) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(36)).’’.
SEC. 330. AUTHORITY TO WITHHOLD LISTING OF FEDERAL FACILI-
TIES ON NATIONAL PRIORITIES LIST.
Section 120(d) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(d)) is
amended—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(2) by striking out ‘‘Not later than 18 months after the
enactment of the Superfund Amendments and Reauthorization
Act of 1986, the Administrator’’ and inserting in lieu thereof
the following:
‘‘(1) IN GENERAL.—The Administrator’’;
(3) by moving the remainder of the text of paragraph
(1), as designated by paragraph (2) of this section (including
subparagraphs (A) and (B), as redesignated by paragraph (1)
of this section) 2 ems to the right; and
(4) by striking out ‘‘Such criteria’’ and all that follows
through the end of the subsection and inserting in lieu thereof
the following:
‘‘(2) APPLICATION OF CRITERIA.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
criteria referred to in paragraph (1) shall be applied in
the same manner as the criteria are applied to facilities
that are owned or operated by persons other than the
United States.
‘‘(B) RESPONSE
UNDER
OTHER
LAW.—It shall be an
appropriate factor to be taken into consideration for the
purposes of section 105(a)(8)(A) that the head of the depart-
ment, agency, or instrumentality that owns or operates
a facility has arranged with the Administrator or appro-
priate State authorities to respond appropriately, under
authority of a law other than this Act, to a release or
threatened release of a hazardous substance.
‘‘(3) COMPLETION.—Evaluation and listing under this sub-
section shall be completed in accordance with a reasonable
schedule established by the Administrator.’’.
SEC. 331. CLARIFICATION OF MEANING OF UNCONTAMINATED PROP-
ERTY FOR PURPOSES OF TRANSFER BY THE UNITED
STATES.
Section 120(h)(4)(A) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(4)(A)) is amended in the first sentence by striking out
‘‘stored for one year or more, known to have been released,’’ and
inserting in lieu thereof ‘‘known to have been released’’.
SEC. 332. CONSERVATION AND CULTURAL ACTIVITIES.
(a) IN GENERAL.—(1) Chapter 159 of title 10, United States
Code, is amended by adding at the end the following new section:
H. R. 3230—64
‘‘§ 2694. Conservation and cultural activities
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may establish
and carry out a program to conduct and manage in a coordinated
manner the conservation and cultural activities described in sub-
section (b).
‘‘(b) ACTIVITIES.—(1) A conservation or cultural activity eligible
for the program that the Secretary establishes under subsection
(a) is any activity—
‘‘(A) that has regional or Department of Defense-wide
significance and that involves more than one military depart-
ment;
‘‘(B) that is necessary to meet legal requirements or to
support military operations;
‘‘(C) that can be more effectively managed at the Depart-
ment of Defense level; and
‘‘(D) for which no executive ageny has been designated
responsible by the Secretary.
‘‘(2) Such activities include the following:
‘‘(A) The development of ecosystem-wide land management
plans.
‘‘(B) The conduct of wildlife studies to ensure the safety
of military operations.
‘‘(C) The identification and return of Native American
human remains and cultural items in the possession or control
of the Department of Defense, or discovered on land under
the jurisdiction of the Department, to the appropriate Native
American tribes.
‘‘(D) The control of invasive species that may hinder mili-
tary activities or degrade military training ranges.
‘‘(E) The establishment of a regional curation system for
artifacts found on military installations.
‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary may negotiate
and enter into cooperative agreements with public and private
agencies, organizations, institutions, individuals, or other entities
to carry out the program established under subsection (a).
‘‘(d) EFFECT ON OTHER LAWS.—Nothing in this section shall
be construed or interpreted as preempting any otherwise applicable
Federal, State, or local law or regulation relating to the manage-
ment of natural and cultural resources on military installations.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2694. Conservation and cultural activities.’’.
(b) EFFECTIVE DATE.—Section 2694 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 1996.
SEC. 333. NAVY PROGRAM TO MONITOR ECOLOGICAL EFFECTS OF
ORGANOTIN.
(a) MONITORING REQUIREMENT.—The Secretary of the Navy
shall, in consultation with the Administrator of the Environmental
Protection Agency, develop and implement a program to monitor
the concentrations of organotin in the water column, sediments,
and aquatic organisms of representative estuaries and near-coastal
waters in the United States, as described in section 7(a) of the
Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2406(a)).
The program shall be designed to produce high-quality data to
H. R. 3230—65
enable the Environmental Protection Agency to develop water qual-
ity criteria concerning organotin compounds.
(b) FUNDING.—The Administrator of the Environmental Protec-
tion Agency shall provide, in advance, such sums as are necessary
to the Secretary of the Navy for the costs of developing and
implementing the program under subsection (a).
(c) WRITTEN AGREEMENT.—The Secretary of the Navy and the
Administrator of the Environmental Protection Agency shall enter
into a written agreement setting forth the actions that the Secretary
plans to take under subsection (a) and the funding that the Adminis-
trator agrees to provide under subsection (b). If the Secretary deter-
mines that the Administrator will not enter into such an agreement,
the Secretary shall notify the Committee on National Security of
the House of Representatives and the Committee on Armed Services
of the Senate not later than 30 days after such determination.
(d) NONIMPAIRMENT OF MISSION.—Compliance with subsection
(a) shall be conducted in such a manner so as not to impair the
ability of the Department of the Navy to meet its operational
requirements.
(e) REPORT.—Not later than June 1, 1997, the Secretary of
the Navy shall submit to Congress a report containing the following:
(1) A description of the monitoring program developed
pursuant to subsection (a).
(2) An analysis of the results of the monitoring program
as of the date of the submission of the report.
(3) Information about the progress of Navy programs,
referred to in section 7(c) of the Organotin Antifouling Paint
Control Act of 1988 (33 U.S.C. 2406(c)), for evaluating the
laboratory toxicity and environmental risks associated with
the use of antifouling paints containing organotin.
(4) An assessment, developed in consultation with the
Administrator of the Environmental Protection Agency, of the
effectiveness of existing laws and rules concerning organotin
compounds in ensuring protection of human health and the
environment.
(f) SENSE OF CONGRESS.—(1) It is the sense of Congress that
the Administrator of the Environmental Protection Agency, in con-
sultation with the Secretary of the Navy, should develop, for pur-
poses of the national pollutant discharge elimination system, a
model permit for the discharge of organotin compounds at shipbuild-
ing and ship repair facilities.
(2) For purposes of this subsection, the term ‘‘organotin’’ has
the meaning provided in section 3 of the Organotin Antifouling
Paint Control Act of 1988 (33 U.S.C. 2402).
(g) TERMINATION.—The program required by subsection (a) shall
terminate five years after the date of the enactment of this Act.
SEC. 334. AUTHORITY TO TRANSFER CONTAMINATED FEDERAL PROP-
ERTY BEFORE COMPLETION OF REQUIRED RESPONSE
ACTIONS.
(a) IN
GENERAL.—Section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)(3)) is amended—
(1) by redesignating subparagraph (A) as clause (i) and
clauses (i), (ii), and (iii) of that subparagraph as subclauses
(I), (II), and (III), respectively;
H. R. 3230—66
(2) by striking out ‘‘After the last day’’ and inserting in
lieu thereof the following:
‘‘(A) IN GENERAL.—After the last day’’;
(3) by redesignating subparagraph (B) as clause (ii) and
clauses (i) and (ii) of that subparagraph as subclauses (I) and
(II), respectively;
(4) by redesignating subparagraph (C) as clause (iii);
(5) by moving the remainder of the text of subparagraph
(A), as designated by paragraph (2) of this subsection (including
the clauses and subclauses redesignated by paragraphs (1),
(3), and (4) of this subsection) 2 ems to the right;
(6) by striking ‘‘For purposes of subparagraph (B)(i)’’ and
inserting the following:
‘‘(B) COVENANT REQUIREMENTS.—For purposes of sub-
paragraphs (A)(ii)(I) and (C)(iii)’’;
(7) in subparagraph (B), as designated by paragraph (5),
by striking ‘‘subparagraph (B)’’ each place it appears and insert-
ing ‘‘subparagraph (A)(ii)’’; and
(8) by adding at the end the following:
‘‘(C) DEFERRAL.—
‘‘(i) IN
GENERAL.—The Administrator, with the
concurrence of the Governor of the State in which
the facility is located (in the case of real property
at a Federal facility that is listed on the National
Priorities List), or the Governor of the State in which
the facility is located (in the case of real property
at a Federal facility not listed on the National Priorities
List) may defer the requirement of subparagraph
(A)(ii)(I) with respect to the property if the Adminis-
trator or the Governor, as the case may be, determines
that the property is suitable for transfer, based on
a finding that—
‘‘(I) the property is suitable for transfer for
the use intended by the transferee, and the
intended use is consistent with protection of
human health and the environment;
‘‘(II) the deed or other agreement proposed
to govern the transfer between the United States
and the transferee of the property contains the
assurances set forth in clause (ii);
‘‘(III) the Federal agency requesting deferral
has provided notice, by publication in a newspaper
of general circulation in the vicinity of the prop-
erty, of the proposed transfer and of the oppor-
tunity for the public to submit, within a period
of not less than 30 days after the date of the
notice, written comments on the suitability of the
property for transfer; and
‘‘(IV) the deferral and the transfer of the prop-
erty will not substantially delay any necessary
response action at the property.
‘‘(ii) RESPONSE ACTION ASSURANCES.—With regard
to a release or threatened release of a hazardous sub-
stance for which a Federal agency is potentially respon-
sible under this section, the deed or other agreement
proposed to govern the transfer shall contain assur-
ances that—