438
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the follow-
ing new paragraph (2):
‘‘(2) In the case of assistance described in subsection
(e)(5), expenses that may be paid out of funds appro-
priated pursuant to paragraph (1) include—
‘‘(A) expenses for travel, transportation, and
subsistence of members of the armed forces partici-
pating in activities described in that subsection; and
‘‘(B) the cost of equipment, supplies, and serv-
ices acquired for the purpose of carrying out or di-
rectly supporting activities described in that sub-
section.’’.
SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEO-
PLE’S REPUBLIC OF CHINA.
(a) REPORT.—The Secretary of Defense shall pre-
pare a report, in both classified and unclassified form, on
the future pattern of military modernization of the Peo-
ple’s Republic of China. The report shall address both the
probable course of military-technological development in
the People’s Liberation Army and the development of Chi-
nese military strategy and operational concepts.
(b) MATTERS TO BE INCLUDED.—The report shall
include analyses and forecasts of the following:
439
(1) Trends that would lead the People’s Repub-
lic of China toward the development of advanced in-
telligence, surveillance, and reconnaissance capabili-
ties, including gaining access to commercial or third-
party systems with military significance.
(2) Efforts by the People’s Republic of China to
develop highly accurate and stealthy ballistic and
cruise missiles, particularly in numbers sufficient to
conduct attacks capable of overwhelming projected
defense capabilities in the region.
(3) Development by the People’s Republic of
China of command and control networks, particu-
larly those capable of battle management of long-
range precision strikes.
(4) Programs of the People’s Republic of China
involving unmanned aerial vehicles, particularly
those with extended ranges or loitering times.
(5) Exploitation by the People’s Republic of
China of the Global Positioning System or other
similar systems for military purposes, including com-
mercial land surveillance satellites, particularly those
signs indicative of an attempt to increase accuracy
of weapons or situational awareness of operating
forces.
440
(6) Development by the People’s Republic of
China of capabilities for denial of sea control, such
as advanced sea mines or improved submarine capa-
bilities.
(7) Continued development by the People’s Re-
public of China of follow-on forces, particularly those
capable of rapid air or amphibious assault.
(c) SUBMISSION OF REPORT.—The report shall be
submitted to Congress not later than February 1, 1997.
SEC. 1306. UNITED STATES-PEOPLE’S REPUBLIC OF CHINA
JOINT DEFENSE CONVERSION COMMISSION.
None of the funds appropriated or otherwise available
for the Department of Defense for fiscal year 1997 or any
prior fiscal year may be obligated or expended for any ac-
tivity associated with the United States-People’s Republic
of China Joint Defense Conversion Commission until 15
days after the date on which the first semiannual report
required by section 1343 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–106;
110 Stat. 487) is received by Congress.
SEC. 1307. AUTHORITY TO ACCEPT SERVICES FROM FOR-
EIGN GOVERNMENTS AND INTERNATIONAL
ORGANIZATIONS FOR DEFENSE PURPOSES.
Section 2608(a) of title 10, United States Code, is
amended by inserting before the period at the end the fol-
441
lowing: ‘‘and may accept from any foreign government or
international organization any contribution of services
made by such foreign government or international organi-
zation for use by the Department of Defense’’.
SEC. 1308. REVIEW BY DIRECTOR OF CENTRAL INTEL-
LIGENCE OF NATIONAL INTELLIGENCE ESTI-
MATE 95–19
(a) REVIEW.—The Director of Central Intelligence
shall conduct a review of the underlying assumptions and
conclusions of the National Intelligence Estimate des-
ignated as NIE 95–19 and entitled ‘‘Emerging Missile
Threats to North America During the Next 15 Years’’,
released by the Director in November 1995.
(b) METHODOLOGY
FOR REVIEW.—The Director
shall carry out the review under subsection (a) through
a panel of independent, nongovernmental individuals with
appropriate expertise and experience. Such a panel shall
be convened by the Director not later than 45 days after
the date of the enactment of this Act.
(c) REPORT.—The Director shall submit the findings
resulting from the review under subsection (a), together
with any comments of the Director on the review and the
findings, to Congress not later than three months after
the appointment of the Commission under section 1321.
442
Subtitle B—Commission to Assess
the Ballistic Missile Threat to
the United States
SEC. 1321. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘Commission to Assess
the Ballistic Missile Threat to the United States’’ (herein-
after in this subtitle referred to as the ‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be com-
posed of nine members appointed by the Director of
Central Intelligence. In selecting individuals for appoint-
ment to the Commission, the Director should consult
with—
(1) the Speaker of the House of Representa-
tives concerning the appointment of three of the
members of the Commission;
(2) the majority leader of the Senate concerning
the appointment of three of the members of the
Commission; and
(3) minority leader of the House of Representa-
tives and the minority leader of the Senate concern-
ing the appointment of three of the members of the
Commission.
(c) QUALIFICATIONS.—Members of the Commission
shall be appointed from among private United States citi-
443
zens with knowledge and expertise in the political and mili-
tary aspects of proliferation of ballistic missiles and the
ballistic missile threat to the United States.
(d) CHAIRMAN.—The Speaker of the House of Rep-
resentatives, after consultation with the majority leader of
the Senate and the minority leaders of the House of Rep-
resentatives and the Senate, shall designate one of the
members of the Commission to serve as chairman of the
Commission.
(e) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any
vacancy in the Commission shall be filled in the same man-
ner as the original appointment.
(f) SECURITY CLEARANCES.—All members of the
Commission shall hold appropriate security clearances.
(g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All
appointments to the Commission shall be made not later
than 45 days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting
not later than 30 days after the date as of which all mem-
bers of the Commission have been appointed, but not ear-
lier than October 15, 1996.
SEC. 1322. DUTIES OF COMMISSION.
(a) REVIEW OF BALLISTIC MISSILE THREAT.—The
Commission shall assess the nature and magnitude of the
444
existing and emerging ballistic missile threat to the United
States.
(b) 
COOPERATION
FROM
GOVERNMENT
OFFI-
CIALS.—In carrying out its duties, the Commission should
receive the full and timely cooperation of the Secretary
of Defense, the Director of Central Intelligence, and any
other United States Government official responsible for
providing the Commission with analyses, briefings, and
other information necessary for the fulfillment of its re-
sponsibilities.
SEC. 1323. REPORT.
The Commission shall, not later than six months
after the date of its first meeting, submit to the Congress
a report on its findings and conclusions.
SEC. 1324. POWERS.
(a) HEARINGS.—The Commission or, at its direction,
any panel or member of the Commission, may, for the pur-
pose of carrying out the provisions of this subtitle, hold
hearings, sit and act at times and places, take testimony,
receive evidence, and administer oaths to the extent that
the Commission or any panel or member considers advis-
able.
(b) INFORMATION.—The Commission may secure di-
rectly from the Department of Defense, the Central Intel-
ligence Agency, and any other Federal department or
445
agency information that the Commission considers nec-
essary to enable the Commission to carry out its respon-
sibilities under this subtitle.
SEC. 1325. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the
call of the Chairman.
(b) QUORUM.—(1) Five members of the Commission
shall constitute a quorum other than for the purpose of
holding hearings.
(2) The Commission shall act by resolution agreed
to by a majority of the members of the Commission.
(c) COMMISSION.—The Commission may establish
panels composed of less than full membership of the Com-
mission for the purpose of carrying out the Commission’s
duties. The actions of each such panel shall be subject to
the review and control of the Commission. Any findings
and determinations made by such a panel shall not be con-
sidered the findings and determinations of the Commis-
sion unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM-
MISSION.—Any member or agent of the Commission may,
if authorized by the Commission, take any action which
the Commission is authorized to take under this subtitle.
446
SEC. 1326. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members of the Commission
shall serve without pay by reason of their work on the
Commission.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of services
for the Commission.
(c) STAFF.—(1) The chairman of the Commission
may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, appoint a staff director and such additional per-
sonnel as may be necessary to enable the Commission to
perform its duties. The appointment of a staff director
shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay
of the staff director and other personnel without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, except
that the rate of pay fixed under this paragraph for the
staff director may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such
447
title and the rate of pay for other personnel may not ex-
ceed the maximum rate payable for grade GS–15 of the
General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon
request of the chairman of the Commission, the head of
any Federal department or agency may detail, on a non-
reimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its
duties.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairman of the Commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive
Schedule under section 5316 of such title.
SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) POSTAL AND PRINTING SERVICES.—The Com-
mission may use the United States mails and obtain print-
ing and binding services in the same manner and under
the same conditions as other departments and agencies of
the Federal Government.
(b) MISCELLANEOUS ADMINISTRATIVE
AND SUP-
PORT SERVICES.—The Director of Central Intelligence
shall furnish the Commission, on a reimbursable basis,
448
any administrative and support services requested by the
Commission.
SEC. 1328. FUNDING.
Funds for activities of the Commission shall be pro-
vided from amounts appropriated for the Department of
Defense for operation and maintenance for Defense-wide
activities for fiscal year 1997. Upon receipt of a written
certification from the Chairman of the Commission speci-
fying the funds required for the activities of the Commis-
sion, the Secretary of Defense shall promptly disburse to
the Commission, from such amounts, the funds required
by the Commission as stated in such certification.
SEC. 1329. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the
date of the submission of its report.
TITLE XIV—SIKES ACT
IMPROVEMENT
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Sikes Act Improve-
ment Amendments of 1996’’.
SEC. 1402. DEFINITION OF SIKES ACT FOR PURPOSES OF
AMENDMENTS.
In this title, the term ‘‘Sikes Act’’ means the Act en-
titled ‘‘An Act to promote effectual planning, development,
maintenance, and coordination of wildlife, fish, and game
449
conservation and rehabilitation in military reservations’’,
approved September 15, 1960 (16 U.S.C. 670a et seq.),
commonly referred to as the ‘‘Sikes Act’’.
SEC. 1403. CODIFICATION OF SHORT TITLE OF ACT.
The Sikes Act (16 U.S.C. 670a et seq.) is amended
by inserting before title I the following new section:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Sikes Act’.’’.
SEC. 1404. INTEGRATED NATURAL RESOURCE MANAGE-
MENT PLANS.
(a) PLANS REQUIRED.—Section 101(a) of the Sikes
Act (16 U.S.C. 670a(a)) is amended—
(1) by striking out ‘‘is authorized to’’ and in-
serting in lieu thereof ‘‘shall’’;
(2) by striking out ‘‘in each military reservation
in accordance with a cooperative plan’’ and inserting
in lieu thereof the following: ‘‘on military installa-
tions. Under the program, the Secretary shall pre-
pare and implement for each military installation in
the United States an integrated natural resource
management plan’’;
(3) by inserting after ‘‘reservation is located’’
the following: ‘‘, except that the Secretary is not re-
quired to prepare such a plan for a military installa-
tion if the Secretary determines that preparation of
450
such a plan for the installation is not appropriate’’;
and
(4) by inserting ‘‘(1)’’ after ‘‘(a)’’ and adding
at the end the following new paragraph:
‘‘(2) Consistent with essential military requirements
to enhance the national security of the United States, the
Secretary of Defense shall manage each military installa-
tion to provide—
‘‘(A) for the conservation of fish and wildlife on
the military installation and sustained multipurpose
uses of those resources, including hunting, fishing,
and trapping; and
‘‘(B) public access that is necessary or appro-
priate for those uses.’’.
(b) CONFORMING AMENDMENTS.—Title I of the
Sikes Act is amended—
(1) in section 101(b) (16 U.S.C. 670a(b)), in
the matter preceding paragraph (1) by striking out
‘‘cooperative plan’’ and inserting in lieu thereof ‘‘in-
tegrated natural resource management plan’’;
(2) 
in 
section 
101(b)(4) 
(16 
U.S.C.
670a(b)(4)), by striking out ‘‘cooperative plan’’ each
place it appears and inserting in lieu thereof ‘‘inte-
grated natural resource management plan’’;
451
(3) in section 101(c) (16 U.S.C. 670a(c)), in
the matter preceding paragraph (1) by striking out
‘‘a cooperative plan’’ and inserting in lieu thereof
‘‘an integrated natural resource management plan’’;
(4) in section 101(d) (16 U.S.C. 670a(d)), in
the matter preceding paragraph (1) by striking out
‘‘cooperative plans’’ and inserting in lieu thereof ‘‘in-
tegrated natural resource management plans’’;
(5) in section 101(e) (16 U.S.C. 670a(e)), by
striking out ‘‘Cooperative plans’’ and inserting in
lieu thereof ‘‘Integrated natural resource manage-
ment plans’’;
(6) in section 102 (16 U.S.C. 670b), by striking
out ‘‘a cooperative plan’’ and inserting in lieu there-
of ‘‘an integrated natural resource management
plan’’;
(7) in section 103 (16 U.S.C. 670c), by striking
out ‘‘a cooperative plan’’ and inserting in lieu there-
of ‘‘an integrated natural resource management
plan’’;
(8) in section 106(a) (16 U.S.C. 670f(a)), by
striking out ‘‘cooperative plans’’ and inserting in lieu
thereof ‘‘integrated natural resource management
plans’’; and
452
(9) in section 106(c) (16 U.S.C. 670f(c)), by
striking out ‘‘cooperative plans’’ and inserting in lieu
thereof ‘‘integrated natural resource management
plans’’.
(c) CONTENTS OF PLANS.—Section 101(b) of the
Sikes Act (16 U.S.C. 670a(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking out
‘‘and’’ after the semicolon;
(B) in subparagraph (D), by striking out
the semicolon at the end and inserting in lieu
thereof a comma; and
(C) by adding at the end the following new
subparagraphs:
‘‘(E) wetland protection and restoration,
and wetland creation where necessary, for sup-
port of fish or wildlife,
‘‘(F) consideration of conservation needs
for all biological communities, and
‘‘(G) the establishment of specific natural
resource management goals, objectives, and
time-frames for proposed actions;’’;
(2) by striking out paragraph (3);
(3) by redesignating paragraph (2) as para-
graph (3);
453
(4) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) shall for the military installation for which
it is prepared—
‘‘(A) address the needs for fish and wildlife
management, land management, forest manage-
ment, and wildlife-oriented recreation,
‘‘(B) ensure the integration of, and con-
sistency among, the various activities conducted
under the plan,
‘‘(C) ensure that there is no net loss in the
capability of installation lands to support the
military mission of the installation,
‘‘(D) provide for sustained use by the pub-
lic of natural resources, to the extent that such
use is not inconsistent with the military mission
of the installation or the needs of fish and wild-
life management,
‘‘(E) provide the public access to the in-
stallation that is necessary or appropriate for
that use, to the extent that access is not incon-
sistent with the military mission of the installa-
tion, and
‘‘(F) provide for professional enforcement
of natural resource laws and regulations;’’; and
454
(5) in paragraph (4)(A), by striking out ‘‘collect
the fees therefor,’’ and inserting in lieu thereof ‘‘col-
lect, spend, administer, and account for fees there-
for,’’.
(d) PUBLIC COMMENT.—Section 101 of the Sikes Act
(16 U.S.C. 670a) is amended by adding at the end the
following new subsection:
‘‘(f) PUBLIC COMMENT.—The Secretary of Defense
shall provide an opportunity for public comment on each
integrated natural resource management plan prepared
under subsection (a).’’.
SEC. 1405. REVIEW FOR PREPARATION OF INTEGRATED
NATURAL RESOURCE MANAGEMENT PLANS.
(a) REVIEW OF MILITARY INSTALLATIONS.—
(1) REVIEW.—The Secretary of each military
department shall, by not later than nine months
after the date of the enactment of this Act—
(A) review each military installation in the
United States that is under the jurisdiction of
that Secretary to determine the military instal-
lations for which the preparation of an inte-
grated natural resource management plan
under section 101 of the Sikes Act, as amended
by this title, is appropriate; and
455
(B) submit to the Secretary of Defense a
report on those determinations.
(2) REPORT TO CONGRESS.—The Secretary of
Defense shall, by not later than 12 months after the
date of the enactment of this Act, submit to the
Congress a report on the reviews conducted under
paragraph (1). The report shall include—
(A) a list of those military installations re-
viewed under paragraph (1) for which the Sec-
retary of Defense determines the preparation of
an integrated natural resource management
plan is not appropriate; and
(B) for each of the military installations
listed under subparagraph (A), an explanation
of the reasons such a plan is not appropriate.
(b) DEADLINE
FOR INTEGRATED NATURAL RE-
SOURCE MANAGEMENT PLANS.—Not later than two years
after the date of the submission of the report required
under subsection (a)(2), the Secretary of Defense shall,
for each military installation for which the Secretary has
not determined under subsection (a)(2)(A) that prepara-
tion of an integrated natural resource management plan
is not appropriate—
(1) prepare and begin implementing such a plan
mutually agreed to by the Secretary of the Interior
456
and the head of the appropriate State agencies
under section 101(a) of the Sikes Act, as amended
by this title; or
(2) in the case of a military installation for
which there is in effect a cooperative plan under sec-
tion 101(a) of the Sikes Act on the day before the
date of the enactment of this Act, complete negotia-
tions with the Secretary of the Interior and the
heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan
to constitute an integrated natural resource plan
that complies with that section, as amended by this
title.
(c) PUBLIC COMMENT.—The Secretary of Defense
shall provide an opportunity for the submission of public
comments on—
(1) integrated natural resource management
plans proposed pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pur-
suant to subsection (b)(2).
SEC. 1406. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is
amended by adding after subsection (f) (as added by sec-
tion 1404(d)) the following new subsection:
‘‘(g) REVIEWS AND REPORTS.—
457
‘‘(1) SECRETARY OF DEFENSE.—The Secretary
of Defense shall, by not later than March 1 of each
year, review the extent to which integrated natural
resource management plans were prepared or in ef-
fect and implemented in accordance with this Act in
the preceding year, and submit a report on the find-
ings of that review to the committees. Each report
shall include—
‘‘(A) the number of integrated natural re-
source management plans in effect in the year
covered by the report, including the date on
which each plan was issued in final form or
most recently revised;
‘‘(B) the amount of moneys expended on
conservation activities conducted pursuant to
those plans in the year covered by the report,
including amounts expended under the Legacy
Resource Management Program established
under section 8120 of the Act of November 5,
1990 (Public Law 101–511; 104 Stat. 1905);
and
‘‘(C) an assessment of the extent to which
the plans comply with the requirements of sub-
section (b)(1) and (2), including specifically the
extent to which the plans ensure in accordance
458
with subsection (b)(2)(C) that there is no net
loss of lands to support the military missions of
military installations.
‘‘(2) SECRETARY OF THE INTERIOR.—The Sec-
retary of the Interior, by not later than March 1 of
each year and in consultation with State agencies re-
sponsible for conservation or management of fish or
wildlife, shall submit a report to the committees on
the amount of moneys expended by the Department
of the Interior and those State agencies in the year
covered by the report on conservation activities con-
ducted pursuant to integrated natural resource man-
agement plans.
‘‘(3) COMMITTEES DEFINED.—For purposes of
this subsection, the term ‘committees’ means the
Committee on Resources and the Committee on Na-
tional Security of the House of Representatives and
the Committee on Armed Services and the Commit-
tee on Environment and Public Works of the Sen-
ate.’’.
SEC. 1407. TRANSFER OF WILDLIFE CONSERVATION FEES
FROM CLOSED MILITARY INSTALLATIONS.
Section 101(b)(4)(B) of the Sikes Act (16 U.S.C.
670a(b)(4)(B)) is amended by inserting before the period
at the end the following: ‘‘, unless that military installation
459
is subsequently closed, in which case the fees may be
transferred to another military installation to be used for
the same purposes’’.
SEC. 1408. FEDERAL ENFORCEMENT OF INTEGRATED NAT-
URAL RESOURCE MANAGEMENT PLANS AND
ENFORCEMENT OF OTHER LAWS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended—
(1) by redesignating section 106, as amended
by section 1404(b), as section 109; and
(2) by inserting after section 105 the following
new section:
‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
‘‘All Federal laws relating to the conservation of nat-
ural resources on Federal lands may be enforced by the
Secretary of Defense with respect to violations of those
laws which occur on military installations within the Unit-
ed States.’’.
SEC. 1409. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 106 (as added by sec-
tion 1408) the following new section:
‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
‘‘The Secretary of each military department shall en-
sure that sufficient numbers of professionally trained nat-
460
ural resource management personnel and natural resource
law enforcement personnel are available and assigned re-
sponsibility to perform tasks necessary to comply with this
Act, including the preparation and implementation of inte-
grated natural resource management plans.’’.
SEC. 1410. DEFINITIONS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 107 (as added by sec-
tion 1409) the following new section:
‘‘SEC. 108. DEFINITIONS.
‘‘In this title:
‘‘(1) 
MILITARY
INSTALLATION.—The 
term
‘military installation’—
‘‘(A) means any land or interest in land
owned by the United States and administered
by the Secretary of Defense or the Secretary of
a military department; and
‘‘(B) includes all public lands withdrawn
from all forms of appropriation under public
land laws and reserved for use by the Secretary
of Defense or the Secretary of a military de-
partment.
‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The
term ‘State fish and wildlife agency’ means an agen-
461
cy of State government that is responsible under
State law for managing fish or wildlife resources.
‘‘(3) UNITED
STATES.—The term ‘United
States’ means the States, the District of Columbia,
and the territories and possessions of the United
States.’’.
SEC. 1411. COOPERATIVE AGREEMENTS.
(a) COST SHARING.—Section 103a(b) of the Sikes
Act (16 U.S.C. 670c–1(b)) is amended by striking out
‘‘matching basis’’ each place it appears and inserting in
lieu thereof ‘‘cost-sharing basis’’.
(b) ACCOUNTING.—Section 103a(c) of the Sikes Act
(16 U.S.C. 670c–1(c)) is amended by inserting before the
period at the end the following: ‘‘, and shall not be subject
to section 1535 of that title’’.
SEC. 1412. REPEAL OF SUPERSEDED PROVISION.
Section 2 of the Act of October 27, 1986 (Public Law
99–651; 16 U.S.C. 670a–1), is repealed.
SEC. 1413. CLERICAL AMENDMENTS.
Title I of the Sikes Act, as amended by this title,
is amended—
(1) in the heading for the title by striking out
‘‘MILITARY
RESERVATIONS’’ and inserting in lieu
thereof ‘‘MILITARY INSTALLATIONS’’;
462
(2) in section 101(a) (16 U.S.C. 670a(a)), by
striking out ‘‘the reservation’’ and inserting in lieu
thereof ‘‘the installation’’;
(3) 
in 
section 
101(b)(4) 
(16 
U.S.C.
670a(b)(4))—
(A) in subparagraph (A), by striking out
‘‘the reservation’’ and inserting in lieu thereof
‘‘the installation’’; and
(B) in subparagraph (B), by striking out
‘‘the military reservation’’ and inserting in lieu
thereof ‘‘the military installation’’;
(4) in section 101(c) (16 U.S.C. 670a(c))—
(A) in paragraph (1), by striking out ‘‘a
military reservation’’ and inserting in lieu
thereof ‘‘a military installation’’; and
(B) in paragraph (2), by striking out ‘‘the
reservation’’ and inserting in lieu thereof ‘‘the
installation’’;
(5) in section 102 (16 U.S.C. 670b), by striking
out ‘‘military reservations’’ and inserting in lieu
thereof ‘‘military installations’’; and
(6) in section 103 (16 U.S.C. 670c)—
(A) by striking out ‘‘military reservations’’
and inserting in lieu thereof ‘‘military installa-
tions’’; and
463
(B) by striking out ‘‘such reservations’’
and inserting in lieu thereof ‘‘such installa-
tions’’.
SEC. 1414. AUTHORIZATIONS OF APPROPRIATIONS.
(a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub-
sections (b) and (c) of section 109 of the Sikes Act (as
redesignated by section 1408) are each amended by strik-
ing out ‘‘1983’’ and all that follows through ‘‘1993,’’ and
inserting in lieu thereof ‘‘1983 through 1998,’’.
(b) PROGRAMS ON PUBLIC LANDS.—Section 209 of
the Sikes Act (16 U.S.C. 670o) is amended—
(1) in subsection (a), by striking out ‘‘the sum
of $10,000,000’’ and all that follows through ‘‘to en-
able the Secretary of the Interior’’ and inserting in
lieu thereof ‘‘$4,000,000 for each of fiscal years
1997 and 1998, to enable the Secretary of the Inte-
rior’’; and
(2) in subsection (b), by striking out ‘‘the sum
of $12,000,000’’ and all that follows through ‘‘to en-
able the Secretary of Agriculture’’ and inserting in
lieu thereof ‘‘$5,000,000 for each of fiscal years
1997 and 1998, to enable the Secretary of Agri-
culture’’.
464
TITLE XV—DEFENSE AND
SECURITY ASSISTANCE
Subtitle A—Military and Related
Assistance
SEC. 1501. TERMS OF LOANS UNDER THE FOREIGN MILI-
TARY FINANCING PROGRAM.
Section 31(c) of the Arms Export Control Act (22
U.S.C. 2771(c)) is amended to read as follows:
‘‘(c) Loans available under section 23 shall be pro-
vided at rates of interest that are not less than the current
average market yield on outstanding marketable obliga-
tions of the United States of comparable maturities.’’.
SEC. 1502. ADDITIONAL REQUIREMENTS UNDER THE FOR-
EIGN MILITARY FINANCING PROGRAM.
(a) AUDIT OF CERTAIN PRIVATE FIRMS.—Section 23
of the Arms Export Control Act (22 U.S.C. 2763) is
amended by adding at the end the following new sub-
section:
‘‘(f) For each fiscal year, the Secretary of Defense,
as requested by the Director of the Defense Security As-
sistance Agency, shall conduct audits on a nonreimburs-
able basis of private firms that have entered into contracts
with foreign governments under which defense articles, de-
fense services, or design and construction services are to
465
be procured by such firms for such governments from fi-
nancing under this section.’’.
(b) NOTIFICATION REQUIREMENT WITH RESPECT
TO CASH FLOW FINANCING.—Section 23 of such Act (22
U.S.C. 2763), as amended by subsection (a), is further
amended by adding at the end the following new sub-
section:
‘‘(g)(1) For each country and international organiza-
tion that has been approved for cash flow financing under
this section, any letter of offer and acceptance or other
purchase agreement, or any amendment thereto, for a pro-
curement of defense articles, defense services, or design
and construction services in excess of $100,000,000 that
is to be financed in whole or in part with funds made avail-
able under this Act or the Foreign Assistance Act of 1961
shall be submitted to the congressional committees speci-
fied in section 634A(a) of the Foreign Assistance Act of
1961 in accordance with the procedures applicable to re-
programming notifications under that section.
‘‘(2) For purposes of this subsection, the term ‘cash
flow financing’ has the meaning given such term in the
second subsection (d) of section 25.’’.
(c) LIMITATIONS ON USE OF FUNDS FOR DIRECT
COMMERCIAL CONTRACTS.—Section 23 of such Act (22
U.S.C. 2763), as amended by subsection (b), is further
466
amended by adding at the end the following new sub-
section:
‘‘(h) Of the amounts made available for a fiscal year
to carry out this section, not more than $100,000,000 for
such fiscal year may be made available for countries other
than Israel and Egypt for the purpose of financing the
procurement of defense articles, defense services, and de-
sign and construction services that are not sold by the
United States Government under this Act.’’.
(d) ANNUAL ESTIMATE
AND JUSTIFICATION
FOR
SALES PROGRAM.—Section 25(a) of such Act (22 U.S.C.
2765(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(11);
(2) by redesignating paragraph (12) as para-
graph (13); and
(3) by inserting after paragraph (11) the fol-
lowing new paragraph:
‘‘(12)(A) a detailed accounting of all articles,
services, credits, guarantees, or any other form of
assistance furnished by the United States to each
country and international organization, including
payments to the United Nations, during the preced-
ing fiscal year for the detection and clearance of
landmines, including activities relating to the fur-
467
nishing of education, training, and technical assist-
ance for the detection and clearance of landmines;
and
‘‘(B) for each provision of law making funds
available or authorizing appropriations for demining
activities described in subparagraph (A), an analysis
and description of the objectives and activities un-
dertaken during the preceding fiscal year, including
the number of personnel involved in performing such
activities; and’’.
SEC. 1503. DRAWDOWN SPECIAL AUTHORITIES.
(a) UNFORESEEN EMERGENCY DRAWDOWN.—Sec-
tion 506(a)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2318(a)(1)) is amended by striking ‘‘$75,000,000’’
and inserting ‘‘$100,000,000’’.
(b) ADDITIONAL DRAWDOWN.—Section 506 of such
Act (22 U.S.C. 2318) is amended—
(1) in subsection (a)(2)(A), by striking ‘‘defense
articles from the stocks’’ and all that follows and in-
serting the following: ‘‘articles and services from the
inventory and resources of any agency of the United
States Government and military education and
training from the Department of Defense, the Presi-
dent may direct the drawdown of such articles, serv-
ices, and military education and training—
468
‘‘(i) for the purposes and under the au-
thorities of—
‘‘(I) chapter 8 of part I (relating to
international narcotics control assistance);
‘‘(II) chapter 9 of part I (relating to
international disaster assistance); or
‘‘(III) the Migration and Refugee As-
sistance Act of 1962; or
‘‘(ii) for the purpose of providing such arti-
cles, services, and military education and train-
ing to Vietnam, Cambodia, and Laos as the
President determines are necessary—
‘‘(I) to support cooperative efforts to
locate and repatriate members of the Unit-
ed States Armed Forces and civilians em-
ployed directly or indirectly by the United
States Government who remain unac-
counted for from the Vietnam War; and
‘‘(II) to ensure the safety of United
States Government personnel engaged in
such cooperative efforts and to support De-
partment of Defense-sponsored humani-
tarian projects associated with such ef-
forts.’’;
469
(2) 
in 
subsection 
(a)(2)(B), 
by 
striking
‘‘$75,000,000’’ and all that follows and inserting
‘‘$150,000,000 in any fiscal year of such articles,
services, and military education and training may be
provided pursuant to subparagraph (A) of this para-
graph—
‘‘(i) not more than $75,000,000 of which
may be provided from the drawdown from the
inventory and resources of the Department of
Defense;
‘‘(ii) not more than $75,000,000 of which
may be provided pursuant to clause (i)(I) of
such subparagraph; and
‘‘(iii) not more than $15,000,000 of which
may be provided to Vietnam, Cambodia, and
Laos pursuant to clause (ii) of such subpara-
graph.’’; and
(3) in subsection (b)(1), by adding at the end
the following: ‘‘In the case of drawdowns authorized
by 
subclauses 
(I) 
and 
(III) 
of 
subsection
(a)(2)(A)(i), notifications shall be provided to those
committees at least 15 days in advance of the
drawdowns in accordance with the procedures appli-
cable to reprogramming notifications under section
634A.’’.
470
(c) NOTICE TO CONGRESS OF EXERCISE OF SPECIAL
AUTHORITIES.—Section 652 of such Act (22 U.S.C.
2411) is amended by striking ‘‘prior to the date’’ and in-
serting ‘‘before’’.
SEC. 1504. TRANSFER OF EXCESS DEFENSE ARTICLES.
(a) IN GENERAL.—Section 516 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j) is amended to read
as follows:
‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE AR-
TICLES.
‘‘(a) AUTHORIZATION.—The President is authorized
to transfer excess defense articles under this section to
countries for which receipt of such articles was justified
pursuant to the annual congressional presentation docu-
ments for military assistance programs, or for programs
under chapter 8 of part I of this Act, submitted under
section 634 of this Act, or for which receipt of such arti-
cles was separately justified to the Congress, for the fiscal
year in which the transfer is authorized.
‘‘(b) LIMITATIONS ON TRANSFERS.—The President
may transfer excess defense articles under this section
only if—
‘‘(1) such articles are drawn from existing
stocks of the Department of Defense;
471
‘‘(2) funds available to the Department of De-
fense for the procurement of defense equipment are
not expended in connection with the transfer;
‘‘(3) the transfer of such articles will not have
an adverse impact on the military readiness of the
United States;
‘‘(4) with respect to a proposed transfer of such
articles on a grant basis, such a transfer is pref-
erable to a transfer on a sales basis, after taking
into account the potential proceeds from, and likeli-
hood of, such sales, and the comparative foreign pol-
icy benefits that may accrue to the United States as
the result of a transfer on either a grant or sales
basis;
‘‘(5) the President determines that the transfer
of such articles will not have an adverse impact on
the national technology and industrial base and, par-
ticularly, will not reduce the opportunities of entities
in the national technology and industrial base to sell
new or used equipment to the countries to which
such articles are transferred; and
‘‘(6) the transfer of such articles is consistent
with the policy framework for the Eastern Medi-
terranean established under section 620C of this
Act.
472
‘‘(c) TERMS OF TRANSFERS.—
‘‘(1) NO COST TO RECIPIENT COUNTRY.—Ex-
cess defense articles may be transferred under this
section without cost to the recipient country.
‘‘(2) PRIORITY.—Notwithstanding any other
provision of law, the delivery of excess defense arti-
cles under this section to member countries of the
North Atlantic Treaty Organization (NATO) on the
southern and southeastern flank of NATO and to
major non-NATO allies on such southern and south-
eastern flank shall be given priority to the maximum
extent feasible over the delivery of such excess de-
fense articles to other countries.
‘‘(d) WAIVER OF REQUIREMENT FOR REIMBURSE-
MENT OF DEPARTMENT OF DEFENSE EXPENSES.—Sec-
tion 632(d) shall not apply with respect to transfers of
excess defense articles (including transportation and relat-
ed costs) under this section.
‘‘(e) TRANSPORTATION AND RELATED COSTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds available to the Department of De-
fense may not be expended for crating, packing,
handling, and transportation of excess defense arti-
cles transferred under the authority of this section.
473
‘‘(2) EXCEPTION.—The President may provide
for the transportation of excess defense articles with-
out charge to a country for the costs of such trans-
portation if—
‘‘(A) it is determined that it is in the na-
tional interest of the United States to do so;
‘‘(B) the recipient is a developing country
receiving less than $10,000,000 of assistance
under chapter 5 of part II of this Act (relating
to international military education and train-
ing) or section 23 of the Arms Export Control
Act (22 U.S.C. 2763; relating to the Foreign
Military Financing program) in the fiscal year
in which the transportation is provided;
‘‘(C) the total weight of the transfer does
not exceed 25,000 pounds; and
‘‘(D) such transportation is accomplished
on a space available basis.
‘‘(f) ADVANCE NOTIFICATION
TO CONGRESS
FOR
TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.—
‘‘(1) IN
GENERAL.—The President may not
transfer excess defense articles that are significant
military equipment (as defined in section 47(9) of
the Arms Export Control Act) or excess defense arti-
cles valued (in terms of original acquisition cost) at
474
$7,000,000 or more, under this section or under the
Arms Export Control Act (22 U.S.C. 2751 et seq.)
until 15 days after the date on which the President
has provided notice of the proposed transfer to the
congressional 
committees 
specified 
in 
section
634A(a) in accordance with procedures applicable to
reprogramming notifications under that section.
‘‘(2) CONTENTS.—Such notification shall in-
clude—
‘‘(A) a statement outlining the purposes
for which the article is being provided to the
country, including whether such article has
been previously provided to such country;
‘‘(B) an assessment of the impact of the
transfer on the military readiness of the United
States;
‘‘(C) an assessment of the impact of the
transfer on the national technology and indus-
trial base and, particularly, the impact on op-
portunities of entities in the national technology
and industrial base to sell new or used equip-
ment to the countries to which such articles are
to be transferred; and
475
‘‘(D) a statement describing the current
value of such article and the value of such arti-
cle at acquisition.
‘‘(g) AGGREGATE ANNUAL LIMITATION.—
‘‘(1) IN GENERAL.—The aggregate value of ex-
cess defense articles transferred to countries under
this section in any fiscal year may not exceed
$350,000,000.
‘‘(2) EFFECTIVE
DATE.—The limitation con-
tained in paragraph (1) shall apply only with respect
to fiscal years beginning after fiscal year 1996.
‘‘(h) 
CONGRESSIONAL
PRESENTATION
DOCU-
MENTS.—Documents described in subsection (a) justifying
the transfer of excess defense articles shall include an ex-
planation of the general purposes of providing excess de-
fense articles as well as a table which provides an aggre-
gate annual total of transfers of excess defense articles
in the preceding year by country in terms of offers and
actual deliveries and in terms of acquisition cost and cur-
rent value. Such table shall indicate whether such excess
defense articles were provided on a grant or sale basis.
‘‘(i) EXCESS COAST GUARD PROPERTY.—For pur-
poses of this section, the term ‘excess defense articles’
shall be deemed to include excess property of the Coast
Guard, and the term ‘Department of Defense’ shall be
476
deemed, with respect to such excess property, to include
the Coast Guard.’’.
(b) CONFORMING AMENDMENTS.—
(1) ARMS
EXPORT
CONTROL
ACT.—Section
21(k) of the Arms Export Control Act (22 U.S.C.
2761(k)) is amended by striking ‘‘the President
shall’’ and all that follows and inserting the follow-
ing: ‘‘the President shall determine that the sale of
such articles will not have an adverse impact on the
national technology and industrial base and, particu-
larly, will not reduce the opportunities of entities in
the national technology and industrial base to sell
new or used equipment to the countries to which
such articles are transferred.’’.
(2) REPEALS.—The following provisions of law
are hereby repealed:
(A) Section 502A of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2303).
(B) Sections 517 through 520 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2321k
through 2321n).
(C) Section 31(d) of the Arms Export Con-
trol Act (22 U.S.C. 2771(d)).
477
SEC. 1505. EXCESS DEFENSE ARTICLES FOR CERTAIN EU-
ROPEAN COUNTRIES.
Notwithstanding section 516(e) of the Foreign As-
sistance Act of 1961, during each of the fiscal years 1996
and 1997, funds available to the Department of Defense
may be expended for crating, packing, handling, and
transportation of excess defense articles transferred under
the authority of section 516 of such Act to countries that
are eligible to participate in the Partnership for Peace and
that are eligible for assistance under the Support for East
European Democracy (SEED) Act of 1989.
Subtitle B—International Military
Education and Training
SEC. 1511. ASSISTANCE FOR INDONESIA.
Funds made available for fiscal years 1996 and 1997
to carry out chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.) may be obligated
for Indonesia only for expanded military and education
training that meets the requirements of clauses (i)
through (iv) of the second sentence of section 541 of such
Act (22 U.S.C. 2347).
SEC. 1512. ADDITIONAL REQUIREMENTS.
(a) GENERAL AUTHORITY.—Section 541 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2347) is amended
in the second sentence in the matter preceding clause (i)
478
by inserting ‘‘and individuals who are not members of the
government’’ after ‘‘legislators’’.
(b) EXCHANGE TRAINING.—Section 544 of such Act
(22 U.S.C. 2347c) is amended—
(1) by striking ‘‘In carrying out this chapter’’
and inserting ‘‘(a) In carrying out this chapter’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) The President may provide for the attendance
of foreign military and civilian defense personnel at flight
training schools and programs (including test pilot
schools) in the United States without charge, and without
charge to funds available to carry out this chapter (not-
withstanding section 632(d) of this Act), if such attend-
ance is pursuant to an agreement providing for the ex-
change of students on a one-for-one basis each fiscal year
between those United States flight training schools and
programs (including test pilot schools) and comparable
flight training schools and programs of foreign coun-
tries.’’.
(c) ASSISTANCE FOR CERTAIN HIGH-INCOME FOR-
EIGN COUNTRIES.—
(1) AMENDMENT TO THE FOREIGN ASSISTANCE
ACT OF 1961.—Chapter 5 of part II of such Act (22
479
U.S.C. 2347 et seq.) is amended by adding at the
end the following new section:
‘‘SEC. 546. PROHIBITION ON GRANT ASSISTANCE FOR CER-
TAIN HIGH INCOME FOREIGN COUNTRIES.
‘‘(a) IN GENERAL.—None of the funds made avail-
able for a fiscal year for assistance under this chapter may
be made available for assistance on a grant basis for any
of the high-income foreign countries described in sub-
section (b) for military education and training of military
and related civilian personnel of such country.
‘‘(b) HIGH-INCOME
FOREIGN
COUNTRIES
DE-
SCRIBED.—The high-income foreign countries described in
this subsection are Austria, Finland, the Republic of
Korea, Singapore, and Spain.’’.
(2) AMENDMENT TO THE ARMS EXPORT CON-
TROL ACT.—Section 21(a)(1)(C) of the Arms Export
Control Act (22 U.S.C. 2761) is amended by insert-
ing ‘‘or to any high-income foreign country (as de-
scribed in that chapter)’’ after ‘‘Foreign Assistance
Act of 1961’’.
Subtitle C—Antiterrorism
Assistance
SEC. 1521. ANTITERRORISM TRAINING ASSISTANCE.
(a) IN GENERAL.—Section 571 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2349aa) is amended by strik-
480
ing ‘‘Subject to the provisions of this chapter’’ and insert-
ing ‘‘Notwithstanding any other provision of law that re-
stricts assistance to foreign countries (other than sections
502B and 620A of this Act)’’.
(b) LIMITATIONS.—Section 573 of such Act (22
U.S.C. 2349aa–2) is amended—
(1) in the heading, by striking ‘‘SPECIFIC AU-
THORITIES AND’’;
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (f)
as subsections (a) through (e), respectively; and
(4) in subsection (c) (as redesignated)—
(A) by striking paragraphs (1) and (2);
(B) 
by 
redesignating 
paragraphs 
(3)
through (5) as paragraphs (1) through (3), re-
spectively; and
(C) by amending paragraph (2) (as redes-
ignated) to read as follows:
‘‘(2)(A) Except as provided in subparagraph (B),
funds made available to carry out this chapter shall not
be made available for the procurement of weapons and am-
munition.
‘‘(B) Subparagraph (A) shall not apply to small arms
and ammunition in categories I and III of the United
States Munitions List that are integrally and directly re-
481
lated to antiterrorism training provided under this chapter
if, at least 15 days before obligating those funds, the
President notifies the appropriate congressional commit-
tees specified in section 634A of this Act in accordance
with the procedures applicable to reprogramming notifica-
tions under such section.
‘‘(C) The value (in terms of original acquisition cost)
of all equipment and commodities provided under this
chapter in any fiscal year may not exceed 25 percent of
the funds made available to carry out this chapter for that
fiscal year.’’.
(c) ANNUAL REPORT.—Section 574 of such Act (22
U.S.C. 2349aa–3) is hereby repealed.
(d) TECHNICAL CORRECTIONS.—Section 575 (22
U.S.C. 2349aa–4) and section 576 (22 U.S.C. 2349aa–
5) of such Act are redesignated as sections 574 and 575,
respectively.
SEC. 1522. RESEARCH AND DEVELOPMENT EXPENSES.
Funds made available for fiscal years 1996 and 1997
to carry out chapter 8 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349aa et seq.; relating to
antiterrorism assistance) may be made available to the
Technical Support Working Group of the Department of
State for research and development expenses related to
contraband detection technologies or for field demonstra-
482
tions of such technologies (whether such field demonstra-
tions take place in the United States or outside the United
States).
Subtitle D—Narcotics Control
Assistance
SEC. 1531. ADDITIONAL REQUIREMENTS.
(a) POLICY AND GENERAL AUTHORITIES.—Section
481(a) of the Foreign Assistance Act (22 U.S.C. 2291(a))
is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (D)
through (F) as subparagraphs (E) through (G),
respectively; and
(B) by inserting after subparagraph (C)
the following new subparagraph:
‘‘(D) International criminal activities, particu-
larly international narcotics trafficking, money laun-
dering, and corruption, endanger political and eco-
nomic stability and democratic development, and as-
sistance for the prevention and suppression of inter-
national criminal activities should be a priority for
the United States.’’; and
(2) in paragraph (4), by adding before the pe-
riod at the end the following: ‘‘, or for other
anticrime purposes’’.
483
(b) CONTRIBUTIONS
AND REIMBURSEMENT.—Sec-
tion 482(c) of that Act (22 U.S.C. 2291a(c)) is amend-
ed—
(1) by striking ‘‘CONTRIBUTION BY RECIPIENT
COUNTRY.—To’’ and inserting ‘‘CONTRIBUTIONS
AND REIMBURSEMENT.—(1) To’’; and
(2) by adding at the end the following new
paragraphs:
‘‘(2)(A) The President is authorized to accept con-
tributions from foreign governments to carry out the pur-
poses of this chapter. Such contributions shall be depos-
ited as an offsetting collection to the applicable appropria-
tion account and may be used under the same terms and
conditions as funds appropriated pursuant to this chapter.
‘‘(B) At the time of submission of the annual congres-
sional presentation documents required by section 634(a),
the President shall provide a detailed report on any con-
tributions received in the preceding fiscal year, the amount
of such contributions, and the purposes for which such
contributions were used.
‘‘(3) The President is authorized to provide assist-
ance under this chapter on a reimbursable basis. Such re-
imbursements shall be deposited as an offsetting collection
to the applicable appropriation and may be used under the
484
same terms and conditions as funds appropriated pursu-
ant to this chapter.’’.
(c) IMPLEMENTATION OF LAW ENFORCEMENT AS-
SISTANCE.—Section 482 of such Act (22 U.S.C. 2291a)
is amended by adding at the end the following new sub-
sections:
‘‘(f) TREATMENT OF FUNDS.—Funds transferred to
and consolidated with funds appropriated pursuant to this
chapter may be made available on such terms and condi-
tions as are applicable to funds appropriated pursuant to
this chapter. Funds so transferred or consolidated shall
be apportioned directly to the bureau within the Depart-
ment of State responsible for administering this chapter.
‘‘(g) EXCESS PROPERTY.—For purposes of this chap-
ter, the Secretary of State may use the authority of section
608, without regard to the restrictions of such section, to
receive nonlethal excess property from any agency of the
United States Government for the purpose of providing
such property to a foreign government under the same
terms and conditions as funds authorized to be appro-
priated for the purposes of this chapter.’’.
SEC. 1532. NOTIFICATION REQUIREMENT.
(a) IN GENERAL.—The authority of section 1003(d)
of the National Narcotics Control Leadership Act of 1988
(21 U.S.C. 1502(d)) may be exercised with respect to
485
funds authorized to be appropriated pursuant to the For-
eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and
with respect to the personnel of the Department of State
only to the extent that the appropriate congressional com-
mittees have been notified 15 days in advance in accord-
ance with the reprogramming procedures applicable under
section 634A of that Act (22 U.S.C. 2394).
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on International Relations and the Committee
on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 1533. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE-
LATED ECONOMIC ASSISTANCE.
For each of the fiscal years 1996 and 1997, narcot-
ics-related assistance under part I of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) may be pro-
vided notwithstanding any other provision of law that re-
stricts assistance to foreign countries (other than section
490(e) or section 502B of that Act (22 U.S.C. 2291j(e)
and 2304)) if, at least 15 days before obligating funds
for such assistance, the President notifies the appropriate
congressional committees (as defined in section 481(e) of
that Act (22 U.S.C. 2291(e))) in accordance with the pro-
486
cedures applicable to reprogramming notifications under
section 634A of that Act (22 U.S.C. 2394).
Subtitle E—Other Provisions
SEC. 1541. STANDARDIZATION OF CONGRESSIONAL REVIEW
PROCEDURES FOR ARMS TRANSFERS.
(a) THIRD
COUNTRY
TRANSFERS
UNDER
FMS
SALES.—Section 3(d)(2) of the Arms Export Control Act
(22 U.S.C. 2753(d)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘, as pro-
vided for in sections 36(b)(2) and 36(b)(3) of this
Act’’;
(2) in subparagraph (B), by striking ‘‘law’’ and
inserting ‘‘joint resolution’’; and
(3) by adding at the end the following:
‘‘(C) If the President states in his certification under
subparagraph (A) or (B) that an emergency exists which
requires that consent to the proposed transfer become ef-
fective immediately in the national security interests of the
United States, thus waiving the requirements of that sub-
paragraph, the President shall set forth in the certification
a detailed justification for his determination, including a
description of the emergency circumstances which neces-
sitate immediate consent to the transfer and a discussion
of the national security interests involved.
487
‘‘(D)(i) Any joint resolution under this paragraph
shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
‘‘(ii) For the purpose of expediting the consideration
and enactment of joint resolutions under this paragraph,
a motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the
House of Representatives.’’.
(b) THIRD COUNTRY TRANSFERS UNDER COMMER-
CIAL SALES.—Section 3(d)(3) of such Act (22 U.S.C.
2753(d)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) in the first sentence—
(A) by striking ‘‘at least 30 calendar
days’’; and
(B) by striking ‘‘report’’ and inserting
‘‘certification’’; and
(3) by striking the last sentence and inserting
the following: ‘‘Such certification shall be submit-
ted—
‘‘(i) at least 15 calendar days before such con-
sent is given in the case of a transfer to a country
488
which is a member of the North Atlantic Treaty Or-
ganization or Australia, Japan, or New Zealand; and
‘‘(ii) at least 30 calendar days before such con-
sent is given in the case of a transfer to any other
country,
unless the President states in his certification that an
emergency exists which requires that consent to the pro-
posed transfer become effective immediately in the na-
tional security interests of the United States. If the Presi-
dent states in his certification that such an emergency ex-
ists (thus waiving the requirements of clause (i) or (ii),
as the case may be, and of subparagraph (B)) the Presi-
dent shall set forth in the certification a detailed justifica-
tion for his determination, including a description of the
emergency circumstances which necessitate that consent
to the proposed transfer become effective immediately and
a discussion of the national security interests involved.
‘‘(B) Consent to a transfer subject to subparagraph
(A) shall become effective after the end of the 15-day or
30-day period specified in subparagraph (A)(i) or (ii), as
the case may be, only if the Congress does not enact, with-
in that period, a joint resolution prohibiting the proposed
transfer.
‘‘(C)(i) Any joint resolution under this paragraph
shall be considered in the Senate in accordance with the
489
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
‘‘(ii) For the purpose of expediting the consideration
and enactment of joint resolutions under this paragraph,
a motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the
House of Representatives.’’.
(c) COMMERCIAL SALES.—Section 36(c)(2) of such
Act (22 U.S.C. 2776(c)(2)) is amended by amending sub-
paragraphs (A) and (B) to read as follows:
‘‘(A) in the case of a license for an export to
the North Atlantic Treaty Organization, any mem-
ber country of that Organization or Australia,
Japan, or New Zealand, shall not be issued until at
least 15 calendar days after the Congress receives
such certification, and shall not be issued then if the
Congress, within that 15-day period, enacts a joint
resolution prohibiting the proposed export; and
‘‘(B) in the case of any other license, shall not
be issued until at least 30 calendar days after the
Congress receives such certification, and shall not be
issued then if the Congress, within that 30-day pe-
riod, enacts a joint resolution prohibiting the pro-
posed export.’’.
490
(d) COMMERCIAL MANUFACTURING AGREEMENTS.—
Section 36(d) of such Act (22 U.S.C. 2776(d)) is amend-
ed—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) by striking ‘‘for or in a country not a mem-
ber of the North Atlantic Treaty Organization’’; and
(3) by adding at the end the following:
‘‘(2) A certification under this subsection shall be
submitted—
‘‘(A) at least 15 days before approval is given
in the case of an agreement for or in a country
which is a member of the North Atlantic Treaty Or-
ganization or Australia, Japan, or New Zealand; and
‘‘(B) at least 30 days before approval is given
in the case of an agreement for or in any other
country;
unless the President states in his certification that an
emergency exists which requires the immediate approval
of the agreement in the national security interests of the
United States.
‘‘(3) If the President states in his certification that
an emergency exists which requires the immediate ap-
proval of the agreement in the national security interests
of the United States, thus waiving the requirements of
paragraph (4), he shall set forth in the certification a de-
491
tailed justification for his determination, including a de-
scription of the emergency circumstances which neces-
sitate the immediate approval of the agreement and a dis-
cussion of the national security interests involved.
‘‘(4) Approval for an agreement subject to paragraph
(1) may not be given under section 38 if the Congress,
within the 15-day or 30-day period specified in paragraph
(2)(A) or (B), as the case may be, enacts a joint resolution
prohibiting such approval.
‘‘(5)(A) Any joint resolution under paragraph (4)
shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
‘‘(B) For the purpose of expediting the consideration
and enactment of joint resolutions under paragraph (4),
a motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the
House of Representatives.’’.
(e) GOVERNMENT-TO-GOVERNMENT LEASES.—
(1) CONGRESSIONAL REVIEW PERIOD.—Section
62 of such Act (22 U.S.C. 2796a) is amended—
(A) in subsection (a), by striking ‘‘Not less
than 30 days before’’ and inserting ‘‘Before’’;
(B) in subsection (b)—
492
(i) by striking ‘‘determines, and im-
mediately reports to the Congress’’ and in-
serting ‘‘states in his certification’’; and
(ii) by adding at the end of the sub-
section the following: ‘‘If the President
states in his certification that such an
emergency exists, he shall set forth in the
certification a detailed justification for his
determination, including a description of
the emergency circumstances which neces-
sitate that the lease be entered into imme-
diately and a discussion of the national se-
curity interests involved.’’; and
(C) by adding at the end of the section the
following:
‘‘(c) The certification required by subsection (a) shall
be transmitted—
‘‘(1) not less than 15 calendar days before the
agreement is entered into or renewed in the case of
an agreement with the North Atlantic Treaty Orga-
nization, any member country of that Organization
or Australia, Japan, or New Zealand; and
‘‘(2) not less than 30 calendar days before the
agreement is entered into or renewed in the case of
493
an agreement with any other organization or coun-
try.’’.
(2) CONGRESSIONAL
DISAPPROVAL.—Section
63(a) of such Act (22 U.S.C. 2796b(a)) is amend-
ed—
(A) by striking ‘‘(a)(1)’’ and inserting
‘‘(a)’’;
(B) by striking out the ‘‘30 calendar days
after receiving the certification with respect to
that proposed agreement pursuant to section
62(a),’’ and inserting in lieu thereof ‘‘the 15-
day or 30-day period specified in section 62(c)
(1) or (2), as the case may be,’’; and
(C) by striking paragraph (2).
(f) EFFECTIVE DATE.—The amendments made by
this section apply with respect to certifications required
to be submitted on or after the date of the enactment of
this Act.
SEC. 1542. INCREASED STANDARDIZATION, RATIONALIZA-
TION, AND INTEROPERABILITY OF ASSIST-
ANCE AND SALES PROGRAMS.
Paragraph (6) of section 515(a) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321i(a)(6)) is amended
by striking ‘‘among members of the North Atlantic Treaty
494
Organization and with the Armed Forces of Japan, Aus-
tralia, and New Zealand’’.
SEC. 1543. DEFINITION OF SIGNIFICANT MILITARY EQUIP-
MENT.
Section 47 of the Arms Export Control Act (22
U.S.C. 2794) is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the
end;
(2) in paragraph (8), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(9) ‘significant military equipment’ means articles—
‘‘(A) for which special export controls are war-
ranted because of the capacity of such articles for
substantial military utility or capability; and
‘‘(B) identified on the United States Munitions
List.’’.
SEC. 1544. ELIMINATION OF ANNUAL REPORTING REQUIRE-
MENT RELATING TO THE SPECIAL DEFENSE
ACQUISITION FUND.
(a) IN GENERAL.—Section 53 of the Arms Export
Control Act (22 U.S.C. 2795b) is hereby repealed.
(b) CONFORMING AMENDMENT.—Section 51(a)(4) of
such Act (22 U.S.C. 2795(a)(4)) is amended—
495
(1) by striking ‘‘(a)’’; and
(2) by striking subparagraph (B).
SEC. 1545. COST OF LEASED DEFENSE ARTICLES THAT
HAVE BEEN LOST OR DESTROYED.
Section 61(a)(4) of the Arms Export Control Act (22
U.S.C. 2796(a)(4)) is amended by striking ‘‘and the re-
placement cost’’ and all that follows and inserting the fol-
lowing: ‘‘and, if the articles are lost or destroyed while
leased—
‘‘(A) in the event the United States in-
tends to replace the articles lost or destroyed,
the replacement cost (less any depreciation in
the value) of the articles; or
‘‘(B) in the event the United States does
not intend to replace the articles lost or de-
stroyed, an amount not less than the actual
value (less any depreciation in the value) speci-
fied in the lease agreement.’’.
SEC. 1546. DESIGNATION OF MAJOR NON-NATO ALLIES.
(a) DESIGNATION.—
(1) NOTICE TO CONGRESS.—Chapter 2 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C.
2311 et seq.), as amended by this title, is further
amended by adding at the end the following new sec-
tion:
496
‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.
‘‘(a) NOTICE TO CONGRESS.—The President shall no-
tify the Congress in writing at least 30 days before—
‘‘(1) designating a country as a major non-
NATO ally for purposes of this Act and the Arms
Export Control Act (22 U.S.C. 2751 et seq.); or
‘‘(2) terminating such a designation.
‘‘(b) INITIAL DESIGNATIONS.—Australia, Egypt, Is-
rael, Japan, the Republic of Korea, and New Zealand shall
be deemed to have been so designated by the President
as of the effective date of this section, and the President
is not required to notify the Congress of such designation
of those countries.’’.
(2) DEFINITION.—Section 644 of such Act (22
U.S.C. 2403) is amended by adding at the end the
following:
‘‘(q) ‘Major non-NATO ally’ means a country which
is designated in accordance with section 517 as a major
non-NATO ally for purposes of this Act and the Arms Ex-
port Control Act (22 U.S.C. 2751 et seq.).’’.
(3) EXISTING DEFINITIONS.—(A) The last sen-
tence of section 21(g) of the Arms Export Control
Act (22 U.S.C. 2761(g)) is repealed.
(B) Section 65(d) of such Act (22 U.S.C.
2796d(d)) is amended—
(i) by striking ‘‘or major non-NATO’’; and
497
(ii) by striking out ‘‘or a’’ and all that fol-
lows through ‘‘Code’’.
(b) COOPERATIVE TRAINING AGREEMENTS.—Section
21(g) of the Arms Export Control Act (22 U.S.C.
2761(g)) is amended in the first sentence by striking
‘‘similar agreements’’ and all that follows through ‘‘other
countries’’ and inserting ‘‘similar agreements with coun-
tries’’.
SEC. 1547. CERTIFICATION THRESHOLDS.
(a) INCREASE IN DOLLAR THRESHOLDS.—The Arms
Export Control Act (22 U.S.C. 2751 et seq.) is amended—
(1) in section 3(d) (22 U.S.C. 2753(d))—
(A) in paragraphs (1) and (3), by striking
‘‘$14,000,000’’ each place it appears and in-
serting ‘‘$25,000,000’’; and
(B) in paragraphs (1) and (3), by striking
‘‘$50,000,000’’ each place it appears and in-
serting ‘‘$75,000,000’’;
(2) in section 36 (22 U.S.C. 2776)—
(A) in subsections (b)(1), (b)(5)(C), and
(c)(1), by striking ‘‘$14,000,000’’ each place it
appears and inserting ‘‘$25,000,000’’;
(B) in subsections (b)(1), (b)(5)(C), and
(c)(1), by striking ‘‘$50,000,000’’ each place it
appears and inserting ‘‘$75,000,000’’; and
498
(C) in subsections (b)(1) and (b)(5)(C), by
striking ‘‘$200,000,000’’ each place it appears
and inserting ‘‘$300,000,000’’; and
(3) in section 63(a) (22 U.S.C. 2796b(a))—
(A) by striking ‘‘$14,000,000’’ and insert-
ing ‘‘$25,000,000’’; and
(B) by striking ‘‘$50,000,000’’ and insert-
ing ‘‘$75,000,000’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) apply with respect to certifications submit-
ted on or after the date of the enactment of this Act.
SEC. 1548. DEPLETED URANIUM AMMUNITION.
Chapter 1 of part III of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370 et seq.), as amended by this title,
is further amended by adding at the end the following new
section:
‘‘SEC. 620G. DEPLETED URANIUM AMMUNITION.
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), none of the funds made available to carry out
this Act or any other Act may be made available to facili-
tate in any way the sale of M–833 antitank shells or any
comparable antitank shells containing a depleted uranium
penetrating component to any country other than—
‘‘(1) a country that is a member of the North
Atlantic Treaty Organization;
499
‘‘(2) a country that has been designated as a
major non-NATO ally (as defined in section 644(q));
or
‘‘(3) Taiwan.
‘‘(b) EXCEPTION.—The prohibition contained in sub-
section (a) shall not apply with respect to the use of funds
to facilitate the sale of antitank shells to a country if the
President determines that to do so is in the national secu-
rity interest of the United States.’’.
SEC. 1549. END-USE MONITORING OF DEFENSE ARTICLES
AND DEFENSE SERVICES.
(a) IN GENERAL.—The Arms Export Control Act (22
U.S.C. 2751 et seq.) is amended by inserting after chapter
3 the following new chapter:
‘‘CHAPTER 3A—END-USE MONITORING OF
DEFENSE ARTICLES AND DEFENSE
SERVICES
‘‘SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES
AND DEFENSE SERVICES.
‘‘(a) ESTABLISHMENT OF MONITORING PROGRAM.—
‘‘(1) IN
GENERAL.—In order to improve ac-
countability with respect to defense articles and de-
fense services sold, leased, or exported under this
Act or the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), the President shall establish a
500
program which provides for the end-use monitoring
of such articles and services.
‘‘(2) REQUIREMENTS OF PROGRAM.—To the ex-
tent practicable, such program—
‘‘(A) shall provide for the end-use monitor-
ing of defense articles and defense services in
accordance with the standards that apply for
identifying high-risk exports for regular end-use
verification developed under section 38(g)(7) of
this Act (commonly referred to as the ‘Blue
Lantern’ program); and
‘‘(B) shall be designed to provide reason-
able assurance that—
‘‘(i) the recipient is complying with
the requirements imposed by the United
States Government with respect to use,
transfers, and security of defense articles
and defense services; and
‘‘(ii) such articles and services are
being used for the purposes for which they
are provided.
‘‘(b) CONDUCT OF PROGRAM.—In carrying out the
program established under subsection (a), the President
shall ensure that the program—
501
‘‘(1) provides for the end-use verification of de-
fense articles and defense services that incorporate
sensitive technology, defense articles and defense
services that are particularly vulnerable to diversion
or other misuse, or defense articles or defense serv-
ices whose diversion or other misuse could have sig-
nificant consequences; and
‘‘(2) prevents the diversion (through reverse en-
gineering or other means) of technology incorporated
in defense articles.
‘‘(c) REPORT
TO CONGRESS.—Not later than 6
months after the date of the enactment of this section,
and annually thereafter as a part of the annual congres-
sional presentation documents submitted under section
634 of the Foreign Assistance Act of 1961, the President
shall transmit to the Congress a report describing the ac-
tions taken to implement this section, including a detailed
accounting of the costs and number of personnel associ-
ated with the monitoring program.
‘‘(d) THIRD COUNTRY TRANSFERS.—For purposes of
this section, defense articles and defense services sold,
leased, or exported under this Act or the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) includes de-
fense articles and defense services that are transferred to
a third country or other third party.’’.
502
(b) EFFECTIVE DATE.—Section 40A of the Arms Ex-
port Control Act, as added by subsection (a), applies with
respect to defense articles and defense services provided
before or after the date of the enactment of this Act.
SEC. 1550. BROKERING ACTIVITIES RELATING TO COMMER-
CIAL SALES OF DEFENSE ARTICLES AND
SERVICES.
(a) IN GENERAL.—Section 38(b)(1)(A) of the Arms
Export Control Act (22 U.S.C. 2778(b)(1)(A)) is amend-
ed—
(1) in the first sentence, by striking ‘‘As pre-
scribed in regulations’’ and inserting ‘‘(i) As pre-
scribed in regulations’’; and
(2) by adding at the end the following new
clause:
‘‘(ii)(I) As prescribed in regulations issued under this
section, every person (other than an officer or employee
of the United States Government acting in official capac-
ity) who engages in the business of brokering activities
with respect to the manufacture, export, import, or trans-
fer of any defense article or defense service designated by
the President under subsection (a)(1), or in the business
of brokering activities with respect to the manufacture, ex-
port, import, or transfer of any foreign defense article or
defense service (as defined in subclause (IV)), shall reg-
503
ister with the United States Government agency charged
with the administration of this section, and shall pay a
registration fee which shall be prescribed by such regula-
tions.
‘‘(II) Such brokering activities shall include the fi-
nancing, transportation, freight forwarding, or taking of
any other action that facilitates the manufacture, export,
or import of a defense article or defense service.
‘‘(III) No person may engage in the business of
brokering activities described in subclause (I) without a
license, issued in accordance with this Act, except that no
license shall be required for such activities undertaken by
or for an agency of the United States Government—
‘‘(aa) for use by an agency of the United States
Government; or
‘‘(bb) for carrying out any foreign assistance or
sales program authorized by law and subject to the
control of the President by other means.
‘‘(IV) For purposes of this clause, the term ‘foreign
defense article or defense service’ includes any non-United
States defense article or defense service of a nature de-
scribed on the United States Munitions List regardless of
whether such article or service is of United States origin
or whether such article or service contains United States
origin components.’’.
504
(b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii) of
the Arms Export Control Act, as added by subsection (a),
shall apply with respect to brokering activities engaged in
beginning on or after 120 days after the enactment of this
Act.
SEC. 1551. RETURN AND EXCHANGES OF DEFENSE ARTI-
CLES PREVIOUSLY TRANSFERRED PURSUANT
TO THE ARMS EXPORT CONTROL ACT.
(a) REPAIR OF DEFENSE ARTICLES.—Section 21 of
the Arms Export Control Act (22 U.S.C. 2761) is amend-
ed by adding at the end the following new subsection:
‘‘(l) REPAIR OF DEFENSE ARTICLES.—
‘‘(1) IN GENERAL.—The President may acquire
a repairable defense article from a foreign country
or international organization if such defense arti-
cle—
‘‘(A) previously was transferred to such
country or organization under this Act;
‘‘(B) is not an end item; and
‘‘(C) will be exchanged for a defense article
of the same type that is in the stocks of the De-
partment of Defense.
‘‘(2) LIMITATION.—The President may exercise
the authority provided in paragraph (1) only to the
extent that the Department of Defense—
505
‘‘(A)(i) has a requirement for the defense
article being returned; and
‘‘(ii) has available sufficient funds author-
ized and appropriated for such purpose; or
‘‘(B)(i) is accepting the return of the de-
fense article for subsequent transfer to another
foreign government or international organiza-
tion pursuant to a letter of offer and acceptance
implemented in accordance with this Act; and
‘‘(ii) has available sufficient funds provided
by or on behalf of such other foreign govern-
ment or international organization pursuant to
a letter of offer and acceptance implemented in
accordance with this Act.
‘‘(3) REQUIREMENT.—(A) The foreign govern-
ment or international organization receiving a new
or repaired defense article in exchange for a repair-
able defense article pursuant to paragraph (1) shall,
upon the acceptance by the United States Govern-
ment of the repairable defense article being re-
turned, be charged the total cost associated with the
repair and replacement transaction.
‘‘(B) The total cost charged pursuant to sub-
paragraph (A) shall be the same as that charged the
United States Armed Forces for a similar repair and
506
replacement transaction, plus an administrative sur-
charge in accordance with subsection (e)(1)(A) of
this section.
‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI-
SIONS OF LAW.—The authority of the President to
accept the return of a repairable defense article as
provided in subsection (a) shall not be subject to
chapter 137 of title 10, United States Code, or any
other provision of law relating to the conclusion of
contracts.’’.
(b) RETURN OF DEFENSE ARTICLES.—Section 21 of
such Act (22 U.S.C. 2761), as amended by subsection (a),
is further amended by adding at the end the following new
subsection:
‘‘(m) RETURN OF DEFENSE ARTICLES.—
‘‘(1) IN GENERAL.—The President may accept
the return of a defense article from a foreign coun-
try or international organization if such defense arti-
cle—
‘‘(A) previously was transferred to such
country or organization under this Act;
‘‘(B) is not significant military equipment
(as defined in section 47(9) of this Act); and
‘‘(C) is in fully functioning condition with-
out need of repair or rehabilitation.
507
‘‘(2) LIMITATION.—The President may exercise
the authority provided in paragraph (1) only to the
extent that the Department of Defense—
‘‘(A)(i) has a requirement for the defense
article being returned; and
‘‘(ii) has available sufficient funds author-
ized and appropriated for such purpose; or
‘‘(B)(i) is accepting the return of the de-
fense article for subsequent transfer to another
foreign government or international organiza-
tion pursuant to a letter of offer and acceptance
implemented in accordance with this Act; and
‘‘(ii) has available sufficient funds provided
by or on behalf of such other foreign govern-
ment or international organization pursuant to
a letter of offer and acceptance implemented in
accordance with this Act.
‘‘(3) CREDIT FOR TRANSACTION.—Upon acqui-
sition and acceptance by the United States Govern-
ment of a defense article under paragraph (1), the
appropriate Foreign Military Sales account of the
provider shall be credited to reflect the transaction.
‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI-
SIONS OF LAW.—The authority of the President to
accept the return of a defense article as provided in
508
paragraph (1) shall not be subject to chapter 137 of
title 10, United States Code, or any other provision
of law relating to the conclusion of contracts.’’.
(c) REGULATIONS.—Under the direction of the Presi-
dent, the Secretary of Defense shall promulgate regula-
tions to implement subsections (l) and (m) of section 21
of the Arms Export Control Act, as added by this section.
SEC. 1552. NATIONAL SECURITY INTEREST DETERMINA-
TION TO WAIVE REIMBURSEMENT OF DEPRE-
CIATION FOR LEASED DEFENSE ARTICLES.
(a) IN GENERAL.—Section 61(a) of the Arms Export
Control Act (22 U.S.C. 2796(a)) is amended—
(1) in the second sentence, by striking ‘‘, or to
any defense article which has passed three-quarters
of its normal service life’’; and
(2) by inserting after the second sentence the
following new sentence: ‘‘The President may waive
the requirement of paragraph (4) for reimbursement
of depreciation for any defense article which has
passed three-quarters of its normal service life if the
President determines that to do so is important to
the national security interest of the United States.’’.
(b) EFFECTIVE DATE.—The third sentence of section
61(a) of the Arms Export Control Act, as added by sub-
section (a)(2), shall apply only with respect to a defense
509
article leased on or after the date of the enactment of this
Act.
SEC. 1553. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT
CONTROL ACT.
The Government of the Republic of Panama shall be
eligible to purchase defense articles and defense services
under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), except as otherwise specifically provided by law.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 1997’’.
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(1), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the follow-
ing table:
510
Army: Inside the United States
State
Installation or location
Total
Arizona ............................
Fort Huachuca .....................................
$21,000,000
California .........................
Army project, Naval Weapons Station,
Concord ............................................
$27,000,000
Camp Roberts ......................................
$5,500,000
Fort Irwin ............................................
$7,000,000
Colorado ..........................
Fort Carson .........................................
$17,550,000
District of Columbia ........
Fort McNair ........................................
$6,900,000
Georgia ............................
Fort Benning .......................................
$53,400,000
Fort McPherson ...................................
$9,100,000
Fort Stewart, Hunter Army Air Field
$6,000,000
Kansas .............................
Fort Riley .............................................
$26,000,000
Kentucky .........................
Fort Campbell ......................................
$51,100,000
Fort Knox ............................................
$20,500,000
New Jersey ......................
Picatinny Arsenal .................................
$7,500,000
New Mexico .....................
White Sands Missile Range .................
$10,000,000
New York ........................
Fort Drum ...........................................
$11,400,000
North Carolina ................
Fort Bragg ...........................................
$14,000,000
Texas ...............................
Fort Hood ............................................
$52,700,000
Virginia ...........................
Fort Eustis ..........................................
$3,550,000
Washington .....................
Fort Lewis ...........................................
$54,600,000
CONUS Classified ...........
Classified Location ...............................
$4,600,000
Total .............................................
$409,400,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
Country
Installation or location
Total
Germany ...............................
Lincoln Village ................................
$7,300,000
Spinelli Barracks ............................
$8,100,000
Taylor Barracks ..............................
$9,300,000
Italy ......................................
Camp Ederle, Vincenza ..................
$3,100,000
Korea ....................................
Camp Casey ....................................
$16,000,000
Camp Red Cloud ............................
$14,000,000
Overseas Classified ...............
Classified Location .........................
$64,000,000
Total ........................................
$121,800,000
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
511
propriations in section 2104(a)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Army: Family Housing
State
Installation
Purpose
Total
Alabama .......................
Redstone Arsenal .........
70 Units ..........
$8,000,000
Hawaii ..........................
Schofield Barracks ......
54 Units ..........
$10,000,000
North Carolina .............
Fort Bragg ..................
88 Units ..........
$9,800,000
Pennsylvania .................
Tobyhanna Army
Depot .......................
200 Units ........
$890,000
Texas ............................
Fort Bliss ....................
85 Units ..........
$12,000,000
Fort Hood ....................
140 Units ........
$18,500,000
Total: .......
$59,190,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of family housing units in an amount not
to exceed $2,963,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in sections 2104(a)(6)(A),
the Secretary of the Army may improve existing military
family housing units in an amount not to exceed
$114,450,000.
512
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $2,037,653,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$409,400,000.
(2) For military construction projects outside
the United States authorized by section 2101(b),
$121,800,000.
(3) For unspecified minor military construction
projects authorized by section 2805 of title 10, Unit-
ed States Code, $8,000,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $54,384,000.
(5) For demolition of excess facilities under sec-
tion 2814 of title 10, United States Code, as added
by section 2802, $10,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $176,603,000.
513
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$1,257,466,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2101 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS,
FORT IRWIN, CALIFORNIA.
In the case of amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(1) of
the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103–337) and sec-
tion 2104(a)(1) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104–
106) for a military construction project for Fort Irwin,
California, involving the construction of an air field for
the National Training Center at Barstow-Daggett, Cali-
fornia, the Secretary of the Army may use such amounts
for the construction of a heliport at the same location.
514
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(1), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the installations and locations inside the Unit-
ed States, and in the amounts, set forth in the following
table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona ..........................
Navy Detachment, Camp Navajo ............
$3,920,000
Marine Corps Air Station, Yuma .............
$14,600,000
California .......................
Marine Corps Air-Ground Combat Cen-
ter, Twentynine Palms .........................
$4,020,000
Marine Corps Air Station, Camp Pendle-
ton ........................................................
$6,240,000
Marine Corps Base, Camp Pendleton ......
$51,630,000
Naval Air Station, North Island ..............
$86,502,000
Naval Facility, San Clemente Island .......
$17,000,000
Naval Station, San Diego ........................
$7,050,000
Naval Command Control & Ocean Sur-
veillance Center, San Diego .................
$1,960,000
Connecticut ....................
Naval Submarine Base, New London ......
$13,830,000
District of Columbia ......
Naval District, Washington .....................
$19,300,000
Florida ...........................
Naval Air Station, Key West ...................
$2,250,000
Naval Station, Mayport ...........................
$2,800,000
Georgia ..........................
Marine Corps Logistics Base, Albany ......
$1,630,000
Naval Submarine Base, Kings Bay .........
$1,550,000
Hawaii ...........................
Marine Corps Air Station, Kaneohe Bay
$20,080,000
Naval Station, Pearl Harbor ...................
$19,600,000
Naval Submarine Base, Pearl Harbor .....
$35,890,000
Idaho ..............................
Naval Surface Warfare Center, Bayview
$7,150,000
Illinois ............................
Naval Hospital, Great Lakes ...................
$15,200,000
Naval Training Center, Great Lakes .......
$22,900,000
Indiana ...........................
Naval Surface Warfare Center, Crane .....
$5,000,000
Maryland ........................
Naval Air Warfare Center, Patuxent
River .....................................................
$1,270,000
Nevada ...........................
Naval Air Station, Fallon ........................
$16,200,000
North Carolina ..............
Marine Corps Air Station, Cherry Point
$1,630,000
Marine Corps Air Station, New River .....
$20,290,000
Marine Corps Base, Camp LeJeune ........
$20,750,000
Pennsylvania ..................
Philadelphia Naval Shipyard ...................
$8,300,000
South Carolina ...............
Marine Corps Recruit Detachment, Par-
ris Island.
$4,990,000
Texas .............................
Naval Station, Ingleside ...........................
$16,850,000
Naval Air Station, Kingsville ...................
$1,810,000
Virginia ..........................
Armed Forces Staff College, Norfolk ......
$12,900,000
515
Navy: Inside the United States—Continued
State
Installation or location
Amount
Fleet Combat Training Command, Dam
Neck .....................................................
$7,000,000
Marine Corps Combat Development Com-
mand, Quantico ....................................
$14,570,000
Naval Station, Norfolk .............................
$56,120,000
Naval Surface Warfare Center, Dahlgren
$8,030,000
Washington ....................
Naval Station, Everett .............................
$25,740,000
Naval Undersea Warfare Center .............
$6,800,000
CONUS Various ............
Defense access roads ................................
$300,000
.
Total .................................................
$583,652,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the follow-
ing table:
Navy: Outside the United States
Country
Installation or location
Amount
Bahrain ..........................
Administrative Support Unit, Bahrain ....
$5,980,000
Greece ............................
Naval Support Activity, Souda Bay .........
$11,050,000
Italy ...............................
Naval Air Station, Sigonella ....................
$15,700,000
Naval Support Activity, Naples ...............
$8,620,000
United Kingdom ............
Joint Maritime Communications Center,
St. Mawgan ..........................................
$4,700,000
Total .................................................
$46,050,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(6)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
516
Navy: Family Housing
State
Installation
Purpose
Amount
Arizona .................
Marine Corps Air
Station, Yuma .......
Ancillary Facility ...
$709,000
California .............
Marine Corps Air-
Ground Combat
Center, Twentynine
Palms ....................
Ancillary Facility ...
$2,938,000
Marine Corps Base,
Camp Pendleton ...
202 Units ..............
$29,483,000
Naval Air Station,
Lemoore ................
276 Units ..............
$39,837,000
Navy Public Works
Center, San Diego
466 Units ..............
$63,429,000
Florida ..................
Naval Station,
Mayport ................
100 Units ..............
$10,000,000
Hawaii ..................
Marine Corps Air
Station, Kaneohe
Bay .......................
54 Units ................
$11,676,000
Navy Public Works
Center, Pearl Har-
bor .........................
264 Units ..............
$52,586,000
Maine ...................
Naval Air Station,
Brunswick .............
92 Units ................
$10,925,000
Maryland ..............
Naval Air Warfare
Center, Patuxent
River .....................
Ancillary Facility ...
$1,233,000
North Carolina .....
Marine Corps Base,
Camp LeJeune ......
Ancillary Facility ...
$845,000
Marine Corps Base,
Camp LeJeune ......
125 Units ..............
$13,360,000
South Carolina .....
Marine Corps Air
Station, Beaufort
200 Units ..............
$19,110,000
Texas ....................
Corpus Christi Naval
Complex ................
156 Units ..............
$17,425,000
Naval Air Station,
Kingsville ..............
48 Units ................
$7,550,000
Virginia ................
AEGIS Combat Sys-
tems Center, Wal-
lops Island ............
20 Units ................
$2,975,000
Naval Security Group
Activity, Northwest
Ancillary Facility ...
$741,000
Washington ..........
Naval Station, Ever-
ett ..........................
100 Units ..............
$15,015,000
Naval Submarine
Base, Bangor ........
Ancillary Facility ...
$934,000
Total ..............
$300,771,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
517
or improvement of military family housing units in an
amount not to exceed $22,552,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(6)(A),
the Secretary of the Navy may improve existing military
family housing units in an amount not to exceed
$209,133,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,309,273,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$583,652,000.
(2) For military construction projects outside
the United States authorized by section 2201(b),
$46,050,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $8,115,000.
518
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $50,959,000.
(5) For demolition of excess facilities under sec-
tion 2814 of title 10, United States Code, as added
by section 2802, $10,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $532,456,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $1,058,241,000.
(7) For the construction of a bachelor enlisted
quarters at the Naval Construction Batallion Center,
Port Hueneme, California, authorized by section
2201(a) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law
104–106; 110 Stat. 525), $7,700,000.
(8) For the construction of a Strategic Mari-
time Research Center at the Naval War College,
Newport, Rhode Island, authorized by section
2201(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law
103–337; 108 Stat. 3031), $8,000,000.
519
(9) For the construction of the large anachoic
chamber facility at the Patuxent River Naval War-
fare Center, Aircraft Division, Maryland, authorized
by section 2201(a) of the Military Construction Au-
thorization Act for Fiscal Year 1993 (division B of
Public Law 102–484; 106 Stat. 2590), $10,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (9)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by
$12,000,000, which represents the combination of project
savings resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure changes.
SEC. 2205. BEACH REPLENISHMENT, NAVAL AIR STATION,
NORTH ISLAND, CALIFORNIA.
(a) COST-SHARING AGREEMENT.—With regard to
the portion of the military construction project for Naval
Air Station, North Island, California, authorized by sec-
520
tion 2201(a) and involving on-shore and near-shore beach
replenishment, the Secretary of the Navy shall endeavor
to enter into an agreement with the State of California
and local governments in the vicinity of the project, under
which the State and local governments agree to cover not
less than 50 percent of the cost incurred by the Secretary
to carry out the beach replenishment portion of the
project.
(b) ACTIVITIES PENDING AGREEMENT.—The Sec-
retary shall not delay commencement of, or activities
under, the construction project described in subsection (a),
including the beach replenishment portion of the project,
pending the execution of the cost-sharing agreement, ex-
cept that, within amounts appropriated for the project,
Federal expenditures may not exceed $9,630,000 for
beach replenishment.
SEC. 2206. LEASE TO FACILITATE CONSTRUCTION OF RE-
SERVE CENTER, NAVAL AIR STATION, MERID-
IAN, MISSISSIPPI.
(a) LEASE OF PROPERTY FOR CONSTRUCTION OF
RESERVE CENTER.—(1) The Secretary of the Navy may
lease, without reimbursement, to the State of Mississippi
(in this section referred to as the ‘‘State’’), approximately
five acres of real property located at Naval Air Station,
Meridian, Mississippi. The State shall use the property to
521
construct a reserve center of approximately 22,000 square
feet and ancillary supporting facilities.
(2) The term of the lease under this subsection shall
expire on the same date that the lease authorized by sub-
section (b) expires.
(b) LEASEBACK
OF RESERVE CENTER.—(1) The
Secretary may lease from the State the property and im-
provements constructed pursuant to subsection (a) for a
five-year period. The term of the lease shall begin on the
date on which the improvements are available for occu-
pancy, as determined by the Secretary.
(2) Rental payments under the lease under paragraph
(1) may not exceed $200,000 per year, and the total
amount of the rental payments for the entire period may
not exceed 20 percent of the total cost of constructing the
reserve center and ancillary supporting facilities.
(3) Subject to the availability of appropriations for
this purpose, the Secretary may use funds appropriated
pursuant to an authorization of appropriations for the op-
eration and maintenance of the Naval Reserve to make
rental payments required under this subsection.
(c) EFFECT OF TERMINATION OF LEASES.—At the
end of the lease term under subsection (b), the State shall
convey, without reimbursement, to the United States all
522
right, title, and interest of the State in the reserve center
and ancillary supporting facilities subject to the lease.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the leases under this section as
the Secretary considers appropriate to protect the inter-
ests of the United States.
TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(1), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the follow-
ing table:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama .................................
Maxwell Air Force Base ...................
$7,875,000
Alaska ....................................
Elmendorf Air Force Base ...............
$21,530,000
Arizona ..................................
Davis–Monthan Air Force Base .......
$9,920,000
Luke Air Force Base ........................
$6,700,000
Arkansas ................................
Little Rock Air Force Base ..............
$18,105,000
California ...............................
Beale Air Force Base .......................
$14,425,000
Edwards Air Force Base ..................
$20,080,000
Travis Air Force Base ......................
$16,230,000
Vandenberg Air Force Base .............
$3,290,000
Colorado ................................
Buckley Air National Guard Base ...
$17,960,000
Falcon Air Force Station .................
$2,095,000
Peterson Air Force Base ..................
$20,720,000
United States Air Force Academy ...
$12,165,000
Delaware ................................
Dover Air Force Base ......................
$7,980,000
Florida ...................................
Eglin Air Force Base .......................
$4,590,000
Eglin Auxiliary Field 9 ....................
$6,825,000
Patrick Air Force Base ....................
$2,595,000
Tyndall Air Force Base ....................
$3,600,000
Georgia ..................................
Robins Air Force Base .....................
$22,645,000
523
Air Force: Inside the United States—Continued
State
Installation or location
Amount
Idaho .....................................
Mountain Home Air Force Base ......
$15,845,000
Kansas ...................................
McConnell Air Force Base ...............
$15,580,000
Louisiana ...............................
Barksdale Air Force Base ................
$4,890,000
Maryland ...............................
Andrews Air Force Base ..................
$5,990,000
Mississippi .............................
Keesler Air Force Base ....................
$14,465,000
Nevada ...................................
Indian Springs Air Force Auxiliary
Air Field .......................................
$4,690,000
New Jersey ............................
McGuire Air Force Base ..................
$8,080,000
North Carolina ......................
Pope Air Force Base ........................
$5,915,000
Seymour Johnson Air Force Base ...
$11,280,000
North Dakota ........................
Grand Forks Air Force Base ...........
$12,470,000
Minot Air Force Base ......................
$3,940,000
Ohio .......................................
Wright–Patterson Air Force Base ...
$7,400,000
Oklahoma ..............................
Tinker Air Force Base .....................
$9,880,000
South Carolina ......................
Charleston Air Force Base ...............
$37,410,000
Shaw Air Force Base .......................
$5,665,000
Tennessee ..............................
Arnold 
Engineering 
Development
Center ...........................................
$12,481,000
Texas .....................................
Brooks Air Force Base ....................
$5,400,000
Dyess Air Force Base ......................
$12,295,000
Kelly Air Force Base ........................
$3,250,000
Lackland Air Force Base .................
$9,413,000
Sheppard Air Force Base .................
$9,400,000
Utah ......................................
Hill Air Force Base ..........................
$3,690,000
Virginia ..................................
Langley Air Force Base ...................
$8,005,000
Washington ............................
Fairchild Air Force Base .................
$18,155,000
McChord Air Force Base .................
$57,065,000
Wyoming ................................
F. E. Warren Air Force Base ..........
$3,700,000
Total .........................................
$525,684,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the follow-
ing table:
Air Force: Outside the United States
Country
Installation or location
Amount
Germany ................................
Ramstein Air Force Base .................
$5,370,000
Spangdahlem Air Base .....................
$1,890,000
Italy .......................................
Aviano Air Base ...............................
$10,060,000
Korea .....................................
Osan Air Base ..................................
$9,780,000
Turkey ...................................
Incirlik Air Base ...............................
$7,160,000
United Kingdom ....................
Croughton Royal Air Force Base .....
$1,740,000
Lakenheath Royal Air Force Base ...
$17,525,000
Mildenhall Royal Air Force Base .....
$6,195,000
524
Air Force: Outside the United States—Continued
Country
Installation or location
Amount
Overseas Classified ................
Classified Locations ..........................
$18,395,000
Total .........................................
$78,115,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(6)(A), the Secretary of the
Air Force may construct or acquire family housing units
(including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following
table:
Air Force: Family Housing
State
Installation
Purpose
Amount
Alaska .......................
Eielson Air Force
Base.
72 Units ................
$21,127,000
Eielson Air Force
Base.
Ancillary Facility ...
$2,950,000
California ..................
Beale Air Force Base
56 Units ................
$8,893,000
Los Angeles Air
Force Base.
25 Units ................
$6,425,000
Travis Air Force
Base.
70 Units ................
$8,631,000
Vandenberg Air
Force Base ............
112 Units ..............
$20,891,000
District of Columbia
Bolling Air Force
Base.
40 Units ................
$5,000,000
Florida ......................
Eglin Auxiliary Field
9.
1 Unit ....................
$249,000
MacDill Air Force
Base.
56 Units ................
$8,822,000
Patrick Air Force
Base.
Ancillary Facility ...
$2,430,000
Tyndall Air Force
Base.
42 Units ................
$6,000,000
Georgia ......................
Robins Air Force
Base ......................
46 Units ................
$5,252,000
Louisiana ..................
Barksdale Air Force
Base ......................
80 Units ................
$9,570,000
Maryland ...................
Hanscom Air Force
Base.
32 Units ................
$5,100,000
Missouri ....................
Whiteman Air Force
Base ......................
68 Units ................
$9,600,000
Nevada ......................
Nellis Air Force Base
50 Units ................
$7,955,000
New Mexico ...............
Kirtland Air Force
Base ......................
50 Units ................
$5,450,000
525
Air Force: Family Housing—Continued
State
Installation
Purpose
Amount
North Dakota ............
Grand Forks Air
Force Base ............
66 Units ................
$7,784,000
Minot Air Force Base
46 Units ................
$8,740,000
Texas .........................
Lackland Air Force
Base ......................
132 Units ..............
$11,500,000
Lackland Air Force
Base ......................
Ancillary Facility ...
$800,000
Washington ...............
McChord Air Force
Base ......................
50 Units ................
$5,659,000
Total ..............
$168,828,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of military family housing units in an
amount not to exceed $9,590,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(6)(A),
the Secretary of the Air Force may improve existing mili-
tary family housing units in an amount not to exceed
$125,650,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
526
30, 1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $1,823,456,000 as fol-
lows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$525,684,000.
(2) For military construction projects outside
the United States authorized by section 2301(b),
$78,115,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $12,328,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $47,387,000.
(5) For demolition of excess facilities under sec-
tion 2814 of title 10, United States Code, as added
by section 2802, $10,000,000.
(6) For military housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $304,068,000.
(B) For support of military family housing
(including the functions described in section
527
2833 of title 10, United States Code),
$840,474,000.
(7) For the construction of a corrosion control
facility at Tinker Air Force Base, Oklahoma, au-
thorized by section 2301(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1996 (divi-
sion B of Public Law 104–106; 110 Stat. 530),
$5,400,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2301 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2406(a)(1), and, in the case of the projects
described in paragraphs (2) and (3) of section 2406(b),
other amounts appropriated pursuant to authorizations
enacted after this Act for such projects, the Secretary of
528
Defense may acquire real property and carry out military
construction projects for the installations and locations in-
side the United States, and in the amounts, set forth in
the following table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Chemical Demilitarization
Program .............................
Pueblo Chemical Activity, Colorado
$179,000,000
Defense Finance & Account-
ing Service .........................
Charleston, South Carolina ..............
$6,200,000
Gentile Air Force Station, Ohio .......
$11,400,000
Griffiss Air Force Base, New York
$10,200,000
Loring Air Force Base, Maine .........
$6,900,000
Naval Training Center, Orlando,
Florida ..........................................
$2,600,000
Norton Air Force Base, California
$13,800,000
Offutt Air Force Base, Nebraska ....
$7,000,000
Rock Island Arsenal, Illinois ............
$14,400,000
Defense Intelligence Agency
Bolling Air Force Base, District of
Columbia .......................................
$6,790,000
Defense Logistics Agency ......
Altus Air Force Base, Oklahoma .....
$3,200,000
Andrews Air Force Base, Maryland
$12,100,000
Barksdale Air Force Base, Louisi-
ana ................................................
$4,300,000
Defense Construction Supply Cen-
ter, Columbus, Ohio .....................
$600,000
Defense Distribution, San Diego,
California ......................................
$15,700,000
Elmendorf Air Force Base, Alaska
$18,000,000
McConnell Air Force Base, Kansas
$2,200,000
Naval Air Facility, El Centro, Cali-
fornia ............................................
$5,700,000
Naval Air Station, Fallon, Nevada
$2,100,000
Naval Air Station, Oceana, Virginia
$1,500,000
Shaw Air Force Base, South Caro-
lina ................................................
$2,900,000
Travis Air Force Base, California ....
$15,200,000
Defense Medical Facility Of-
fice .....................................
Andrews Air Force Base, Maryland
$15,500,000
Charleston Air Force Base, South
Carolina ........................................
$1,300,000
Fort Bliss, Texas ..............................
$6,600,000
Fort Bragg, North Carolina .............
$11,400,000
Fort Hood, Texas .............................
$1,950,000
Marine Corps Base, Camp Pendle-
ton, California ..............................
$3,300,000
Maxwell Air Force Base, Alabama ...
$25,000,000
Naval Air Station, Key West, Flor-
ida .................................................
$15,200,000
Naval Air Station, Norfolk, Virginia
$1,250,000
Naval Air Station, Lemoore, Califor-
nia .................................................
$38,000,000
Special Operations Command
Fort Bragg, North Carolina .............
$14,000,000
Fort Campbell, Kentucky .................
$4,200,000
MacDill Air Force Base, Florida .....
$9,600,000
Naval Amphibious Base, Coronado,
California ......................................
$7,700,000
529
Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Naval Station, Ford Island, Pearl
Harbor, Hawaii ............................
$12,800,000
Total .........................................
$509,590,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2406(a)(2), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the follow-
ing table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Logistics Agency ......
Moron Air Base, Spain ....................
$12,958,000
Naval Air Station, Sigonella, Italy ...
$6,100,000
Defense Medical Facility Of-
fice .....................................
Administrative Support Unit, Bah-
rain, Bahrain ................................
$4,600,000
Total .........................................
$23,658,000
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the author-
ization of appropriation in section 2406(a)(14)(A), the
Secretary of Defense may carry out architectural and en-
gineering services and construction design activities with
respect to the construction or improvement of military
family housing units in an amount not to exceed
$500,000.
530
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriation in section 2406(a)(14)(A),
the Secretary of Defense may improve existing military
family housing units in an amount not to exceed
$3,871,000.
SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.
(a) AVAILABILITY OF FUNDS FOR CREDIT TO FAM-
ILY HOUSING IMPROVEMENT FUND.—(1) Of the amount
authorized to be appropriated pursuant to section
2406(a)(14)(C), $35,000,000 shall be available for credit
to the Department of Defense Family Housing Improve-
ment Fund established by section 2883(a)(1) of title 10,
United States Code.
(2) Of the amount authorized to be appropriated pur-
suant to section 2406(a)(14)(D), $10,000,000 shall be
available for credit to the Department of Defense Military
Unaccompanied Housing Improvement Fund established
by section 2883(a)(2) of such title.
(b) USE OF FUNDS.—(1) The Secretary of Defense
may use funds credited to the Department of Defense
Family Housing Improvement Fund under subsection
(a)(1) to carry out any activities authorized by subchapter
531
IV of chapter 169 of such title with respect to military
family housing.
(2) The Secretary of Defense may use funds credited
to the Department of Defense Military Unaccompanied
Housing Improvement Fund under subsection (a)(2) to
carry out any activities authorized by subchapter IV of
chapter 169 of such title with respect to military unaccom-
panied housing.
SEC. 2405. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2406(a)(12), the Sec-
retary of Defense may carry out energy conservation
projects under section 2865 of title 10, United States
Code.
SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 1996, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $3,431,670,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$346,487,000.
532
(2) For military construction projects outside
the United States authorized by section 2401(b),
$23,658,000.
(3) For military construction projects at Naval
Hospital, Portsmouth, Virginia, hospital replace-
ment, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Years
1990 and 1991 (division B of Public Law 101–189;
103 Stat. 1640), $24,000,000.
(4) For military construction projects at Walter
Reed Army Institute of Research, Maryland, hospital
replacement, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102–484; 106
Stat. 2599), $72,000,000.
(5) For military construction projects at Fort
Bragg, North Carolina, hospital replacement, au-
thorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1993 (106
Stat. 2599), $89,000,000.
(6) For military construction projects at Pine
Bluff Arsenal, Arkansas, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of the Public
Law 103–337; 108 Stat. 3040), $46,000,000.
533
(7) For military construction projects at
Umatilla Army Depot, Oregon, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (108 Stat. 3040),
$64,000,000.
(8) For military construction projects at De-
fense Finance and Accounting Service, Columbus,
Ohio, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 1996
(division B of Public Law 104–106; 110 Stat. 535),
$20,822,000.
(9) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $16,874,000.
(10) 
For 
unspecified 
minor 
construction
projects under section 2805 of title 10, United
States Code, $9,500,000.
(11) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $12,239,000.
(12) For energy conservation projects under
section 2865 of title 10, United States Code,
$47,765,000.
(13) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
534
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note),
$2,507,476,000.
(14) For military family housing functions:
(A) For improvement and planning of mili-
tary family housing and facilities, $4,371,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $30,963,000, of
which not more than $25,637,000 may be obli-
gated or expended for the leasing of military
family housing units worldwide.
(C) For credit to the Department of De-
fense Family Housing Improvement Fund as
authorized by section 2404(a)(1) of this Act,
$35,000,000.
(D) For credit to the Department of De-
fense Military Unaccompanied Housing Im-
provement Fund as authorized by section
2404(a)(2) of this Act, $10,000,000.
(E) For the Homeowners Assistance Pro-
gram as authorized by section 2832 of title 10,
United States Code, $36,181,000, to remain
available until expended.
535
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variation author-
ized by section 2853 of title 10, United States Code, and
any other cost variations authorized by law, the total cost
of all projects carried out under section 2401 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $161,503,000 (the balance of the amount
authorized under section 2401(a) of this Act for the
construction of a chemical demilitarization facility at
Pueblo Army Depot, Colorado); and
(3) $1,600,000 (the balance of the amount au-
thorized under section 2401(a) of this Act for the
construction of a replacement facility for the medical
and dental clinic, Key West Naval Air Station, Flor-
ida).
536
TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1996, for con-
tributions by the Secretary of Defense under section 2806
of title 10, United States Code, for the share of the United
States of the cost of projects for the North Atlantic Treaty
Security Investment Program as authorized by section
2501, in the amount of $177,000,000.
537
TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal
years beginning after September 30, 1996, for the costs
of acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve
Forces, and for contributions therefor, under chapter
1803 of title 10, United States Code (including the cost
of acquisition of land for those facilities), the following
amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $41,316,000; and
(B) for the Army Reserve, $50,159,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $33,169,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $118,394,000; and
(B) 
for 
the 
Air 
Force 
Reserve,
$51,655,000.
538
SEC. 2602. NAMING OF RANGE AT CAMP SHELBY, MIS-
SISSIPPI.
(a) NAME.—The Multi Purpose Range Complex
(Heavy) at Camp Shelby, Mississippi, shall after the date
of the enactment of this Act be known and designated as
the ‘‘G.V. (Sonny) Montgomery Range’’. Any reference to
such range in any law, regulation, map, document, record,
or other paper of the United States shall be considered
to be a reference to the G. V. (Sonny) Montgomery Range.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect at noon on January 3, 1997, or the first day on which
G. V. (Sonny) Montgomery otherwise ceases to be a Mem-
ber of the House of Representatives.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Infrastructure program (and
539
authorizations of appropriations therefor) shall expire on
the later of—
(1) October 1, 1999; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2000.
(b) EXCEPTION.—Subsection (a) shall not apply to
authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and con-
tributions to the North Atlantic Treaty Organization In-
frastructure program (and authorizations of appropria-
tions therefor), for which appropriated funds have been
obligated before the later of—
(1) October 1, 1999; or
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2000 for military con-
struction projects, land acquisition, family housing
projects and facilities, or contributions to the North
Atlantic Treaty Organization Infrastructure pro-
gram.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1994 PROJECTS.
(a) EXTENSIONS.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1994 (division B of Public Law 103–160; 107 Stat.
540
1880), authorizations for the projects set forth in the ta-
bles in subsection (b), as provided in section 2101, 2102,
2201, 2301, or 2601 of that Act, shall remain in effect
until October 1, 1997, or the date of the enactment of
an Act authorizing funds for military construction for fis-
cal year 1998, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1994 Project Authorizations
State
Installation or loca-
tion
Project
Amount
New Jersey ...................
Picatinny Arsenal ........
Advance War-
head Devel-
opment Fa-
cility ............
$4,400,000
North Carolina .............
Fort Bragg ..................
Land Acquisi-
tion ..............
$15,000,000
Wisconsin .....................
Fort McCoy .................
Family Hous-
ing Construc-
tion (16
units) ...........
$2,950,000
Navy: Extension of 1994 Project Authorizations
State or Location
Installation or loca-
tion
Project
Amount
California ..................
Camp Pendleton Ma-
rine Corps Base ....
Sewage Facility .....
$7,930,000
Connecticut ...............
New London Naval
Submarine Base ....
Hazardous Waste
Transfer Facility
$1,450,000
New Jersey ...............
Earle Naval Weapons
Station ..................
Explosives Holding
Yard ...................
$1,290,000
Virginia .....................
Oceana Naval Air
Station ..................
Jet Engine Test
Cell Replacement
$5,300,000
Various Locations .....
Various Locations .....
Land Acquisition
Inside the United
States .................
$540,000
Various Locations .....
Various Locations .....
Land Acquisition
Outside the Unit-
ed States ............
$800,000
541
Air Force: Extension of 1994 Project Authorizations
State
Installation or Lo-
cation
Project
Amount
Alaska .......................
Eielson Air Force
Base.
Upgrade Water
Treatment Plant
$3,750,000
Elmendorf Air Force
Base ......................
Corrosion Control
Facility ..............
$5,975,000
California ..................
Beale Air Force Base
Educational Center
$3,150,000
Florida ......................
Tyndall Air Force
Base.
Base Supply Logis-
tics Center .........
$2,600,000
Mississippi .................
Keesler Air Force
Base.
Upgrade Student
Dormitory ..........
$4,500,000
North Carolina ..........
Pope Air Force Base
Add To and Alter
Dormitories ........
$4,300,000
Virginia .....................
Langley Air Force
Base ......................
Fire Station ...........
$3,850,000
Army National Guard: Extension of 1994 Project Authorizations
State
Installation or Lo-
cation
Project
Amount
Alabama ....................
Birmingham ..............
Aviation Support
Facility ..............
$4,907,000
Arizona ......................
Marana .....................
Organizational
Maintenance
Shop ...................
$553,000
Marana .....................
Dormitory/Dining
Facility ..............
$2,919,000
California ..................
Fresno .......................
Organizational
Maintenance
Shop Modifica-
tion ....................
$905,000
Van Nuys ..................
Armory Addition ...
$6,518,000
New Mexico ...............
White Sands Missile
Range ....................
Organizational
Maintenance
Shop ...................
$2,940,000
Tactical Site ..........
$1,995,000
MATES .................
$3,570,000
Pennsylvania .............
Indiantown Gap ........
State Military
Building .............
$9,200,000
Johnstown .................
Armory Addition/
Flight Facility ...
$5,004,000
Johnstown .................
Armory ..................
$3,000,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1993 PROJECTS.
(a) EXTENSIONS.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102–484; 106 Stat.
2602), authorizations for the projects set forth in the ta-
542
bles in subsection (b), as provided in section 2101, 2301,
or 1601 of that Act and extended by section 2702 of the
Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104–106; 110 Stat. 541),
shall remain in effect until October 1, 1997, or the date
of the enactment of an Act authorizing funds for military
construction for fiscal year 1998, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1993 Project Authorization
State
Installation or loca-
tion
Project
Amount
Arkansas .......................
Pine Bluff Arsenal .......
Ammunition
Demilitariza-
tion Support
Facility ........
$15,000,000
Air Force: Extension of 1993 Project Authorization
Country
Installation or loca-
tion
Project
Amount
Portugal ........................
Lajes Field ...................
Water Wells ....
$865,000
Army National Guard: Extension of 1993 Project Authorizations
State
Installation or Loca-
tion
Project
Amount
Alabama .......................
Tuscaloosa ...................
Armory ............
$2,273,000
Union Springs ..............
Armory ............
$813,000
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1992 PROJECTS.
(a) EXTENSIONS.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1992 (division B of Public Law 102–190; 105 Stat.
1535), authorizations for the projects set forth in the table
in subsection (b), as provided in section 2201 of that Act
543
and extended by section 2702(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1995 (division B
of Public Law 103–337; 108 Stat. 3047) and section
2703(a) of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104–106;
110 Stat. 543), shall remain in effect until October 1,
1997, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1998, which-
ever is later.
(b) TABLE.—The table referred to in subsection (a)
is as follows:
Army: Extension of 1992 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Oregon ..........................
Umatilla Army Depot
Ammunition
Demilitariza-
tion Support
Facility ........
$3,600,000
Umatilla Army Depot
Ammunition
Demilitariza-
tion Utilities
$7,500,000
SEC. 2705. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
shall take effect on the later of—
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
544
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
and Military Family Housing
SEC. 2801. NORTH ATLANTIC TREATY ORGANIZATION SECU-
RITY INVESTMENT PROGRAM.
(a) CHANGE
IN REFERENCE
TO EARLIER PRO-
GRAM.—(1) Section 2806(b) of title 10, United States
Code, is amended by striking out ‘‘North Atlantic Treaty
Organization Infrastructure program’’ and inserting in
lieu thereof ‘‘North Atlantic Treaty Organization Security
Investment Program’’.
(2) Section 2861(b)(3) of such title is amended by
striking out ‘‘North Atlantic Treaty Organization Infra-
structure program’’ and inserting in lieu thereof ‘‘North
Atlantic Treaty Organization Security Investment Pro-
gram’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
section 2806 of such title is amended to read as follows:
‘‘§ 2806. Contributions for North Atlantic Treaty Or-
ganization 
Security 
Investment 
Pro-
gram’’.
(2) The item relating to such section in the table of
sections at the beginning of subchapter I of chapter 169
of such title is amended to read as follows:
545
‘‘2806. Contributions for North Atlantic Treaty Organization Security Invest-
ment Program.’’.
SEC. 2802. AUTHORITY TO DEMOLISH EXCESS FACILITIES.
(a) DEMOLITION AUTHORIZED.—Subchapter I of
chapter 169 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 2814. Demolition of excess facilities
‘‘(a) DEMOLITION USING MILITARY CONSTRUCTION
APPROPRIATIONS.—Within an amount equal to 125 per-
cent of the amount appropriated for such purpose in the
military construction account, the Secretary concerned
may carry out the demolition of a facility on a military
installation when the facility is determined by the Sec-
retary concerned to be—
‘‘(1) excess to the needs of the military depart-
ment or Defense Agency concerned; and
‘‘(2) not suitable for reuse.
‘‘(b) DEMOLITIONS USING OPERATIONS AND MAIN-
TENANCE FUNDS.—Using funds available to the Secretary
concerned for operation and maintenance, the Secretary
concerned may carry out a demolition project involving an
excess facility described in subsection (a), except that the
amount obligated on the project may not exceed the maxi-
mum amount authorized for a minor construction project
under section 2805(c)(1) of this title.
546
‘‘(c) ADVANCE APPROVAL OF CERTAIN PROJECTS.—
(1) A demolition project under this section that would cost
more than $500,000 may not be carried out under this
section unless approved in advance by the Secretary con-
cerned.
‘‘(2) When a decision is made to demolish a facility
covered by paragraph (1), the Secretary concerned shall
submit a report in writing to the appropriate committees
of Congress on that decision. Each such report shall in-
clude—
‘‘(A) the justification for the demolition and the
current estimate of its costs, and
‘‘(B) the justification for carrying out the
project under this section.
‘‘(3) The demolition project may be carried out only
after the end of the 21-day period beginning on the date
the notification is received by such committees.
‘‘(d) CERTAIN PROJECTS PROHIBITED.—(1) A demo-
lition project involving military family housing may not be
carried out under the authority of this section.
‘‘(2) A demolition project required as a result of a
base closure action authorized by title II of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687
note) or the Defense Base Closure and Realignment Act
547
of 1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note) may not be carried out under the
authority of this section.
‘‘(3) A demolition project required as a result of envi-
ronmental contamination shall be carried out under the
authority of the environmental restoration program under
section 2701(b)(3) of this title.
‘‘(e) DEMOLITION INCLUDED IN SPECIFIC MILITARY
CONSTRUCTION PROJECT.—Nothing in this section is in-
tended to preclude the inclusion of demolition of facilities
as an integral part of a specific military construction
project when the demolition is required for accomplish-
ment of the intent of that construction project.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such subchapter is amended by adding
at the end the following new item:
‘‘2814. Demolition of excess facilities.’’.
SEC. 2803. IMPROVEMENTS TO FAMILY HOUSING UNITS.
(a) 
AUTHORIZED
IMPROVEMENTS.—Subsection
(a)(2) of section 2825 of title 10, United States Code, is
amended—
(1) by inserting ‘‘major’’ before ‘‘maintenance’’;
and
(2) by adding at the end the following: ‘‘Such
term does not include day-to-day maintenance and
repair.’’.
548
(b) LIMITATION.—Subsection (b) of such is amended
by striking out paragraph (2) and inserting in lieu thereof
the following new paragraph:
‘‘(2) In determining the applicability of the limitation
contained in paragraph (1), the Secretary concerned shall
include as part of the cost of the improvement the follow-
ing:
‘‘(A) The cost of major maintenance or repair
work (excluding day-to-day maintenance and repair)
undertaken in connection with the improvement.
‘‘(B) Any cost, beyond the five-foot line of a
housing unit, in connection with—
‘‘(i) the furnishing of electricity, gas,
water, and sewage disposal;
‘‘(ii) the construction or repair of roads,
drives, and walks; and
‘‘(iii) grading and drainage work.’’.
Subtitle B—Defense Base Closure
and Realignment
SEC. 2811. RESTORATION OF AUTHORITY FOR CERTAIN
INTRAGOVERNMENT TRANSFERS UNDER 1988
BASE CLOSURE LAW.
Section 204(b)(2) of the Defense Authorization
Amendments and Base Closure and Realignment Act
549
(Public Law 100–526; 10 U.S.C. 2687 note), is amend-
ed—
(1) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) The Secretary of Defense may transfer real
property or facilities located at a military installation to
be closed or realigned under this title, with or without re-
imbursement, to a military department or other entity (in-
cluding a nonappropriated fund instrumentality) within
the Department of Defense or the Coast Guard.’’.
SEC. 2812. CONTRACTING FOR CERTAIN SERVICES AT FA-
CILITIES REMAINING ON CLOSED INSTALLA-
TIONS.
(a) 1988 LAW.—Section 204(b)(8)(A) of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (title II of Public Law 100–526; 10 U.S.C.
2687 note), is amended by inserting ‘‘or at facilities re-
maining on installations closed under this title’’ after
‘‘under this title’’.
(b) 1990 LAW.—Section 2905(b)(8)(A) of the De-
fense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note), is amended by inserting ‘‘or at facilities remaining
550
on installations closed under this part’’ after ‘‘under this
part’’.
SEC. 2813. AUTHORITY TO COMPENSATE OWNERS OF MAN-
UFACTURED HOUSING.
(a) 1988 LAW.—Section 204 of the Defense Author-
ization Amendments and Base Closure and Realignment
Act (title II of Public Law 100–526; 10 U.S.C. 2687
note), is amended by adding at the end the following new
subsection:
‘‘(f) ACQUISITION OF MANUFACTURED HOUSING.—
(1) In closing or realigning any military installation under
this title, the Secretary may purchase any or all right,
title, and interest of a member of the Armed Forces and
any spouse of the member in manufactured housing lo-
cated at a manufactured housing park established at an
installation closed or realigned under this title, or make
a payment to the member to relocate the manufactured
housing to a suitable new site, if the Secretary determines
that—
‘‘(A) it is in the best interests of the Federal
Government to eliminate or relocate the manufac-
tured housing park; and
‘‘(B) the elimination or relocation of the manu-
factured housing park would result in an unreason-
551
able financial hardship to the owners of the manu-
factured housing.
‘‘(2) Any payment made under this subsection shall
not exceed 90 percent of the purchase price of the manu-
factured housing, as paid by the member or any spouse
of the member, plus the cost of any permanent improve-
ments subsequently made to the manufactured housing by
the member or spouse of the member.
‘‘(3) The Secretary shall dispose of manufactured
housing acquired under this subsection through resale, do-
nation, trade or otherwise within one year of acquisition.’’.
(b) 1990 LAW.—Section 2905 of the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note), is
amended by adding at the end the following new sub-
section:
‘‘(g) ACQUISITION OF MANUFACTURED HOUSING.—
(1) In closing or realigning any military installation under
this part, the Secretary may purchase any or all right,
title, and interest of a member of the Armed Forces and
any spouse of the member in manufactured housing lo-
cated at a manufactured housing park established at an
installation closed or realigned under this part, or make
a payment to the member to relocate the manufactured
552
housing to a suitable new site, if the Secretary determines
that—
‘‘(A) it is in the best interests of the Federal
Government to eliminate or relocate the manufac-
tured housing park; and
‘‘(B) the elimination or relocation of the manu-
factured housing park would result in an unreason-
able financial hardship to the owners of the manu-
factured housing.
‘‘(2) Any payment made under this subsection shall
not exceed 90 percent of the purchase price of the manu-
factured housing, as paid by the member or any spouse
of the member, plus the cost of any permanent improve-
ments subsequently made to the manufactured housing by
the member or spouse of the member.
‘‘(3) The Secretary shall dispose of manufactured
housing acquired under this subsection through resale, do-
nation, trade or otherwise within one year of acquisition.’’.
SEC. 2814. ADDITIONAL PURPOSE FOR WHICH ADJUST-
MENT AND DIVERSIFICATION ASSISTANCE IS
AUTHORIZED.
Section 2391(b)(5) of title 10, United States Code,
is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and
553
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) The Secretary of Defense may also make
grants, conclude cooperative agreements, and supplement
other Federal funds in order to assist a State in enhancing
its capacities—
‘‘(i) to assist communities, businesses, and
workers adversely affected by an action described in
paragraph (1);
‘‘(ii) to support local adjustment and diver-
sification initiatives; and
‘‘(iii) to stimulate cooperation between state-
wide and local adjustment and diversification ef-
forts.’’.
SEC. 2815. PAYMENT OF STIPULATED PENALTIES ASSESSED
UNDER 
CERCLA 
IN 
CONNECTION 
WITH
LORING AIR FORCE BASE, MAINE.
From amounts in the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note), the Secretary of Defense may expend not
more than $50,000 to pay stipulated civil penalties as-
sessed under the Comprehensive Environmental Response,
554
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) against Loring Air Force Base, Maine.
SEC. 2816. PLAN FOR UTILIZATION, REUTILIZATION, OR
DISPOSAL OF MISSISSIPPI ARMY AMMUNI-
TION PLANT.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Army shall submit
to Congress a plan for the utilization, reutilization, or dis-
posal of the Mississippi Army Ammunition Plant, Han-
cock County, Mississippi.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2821. TRANSFER AND EXCHANGE OF JURISDICTION,
ARLINGTON NATIONAL CEMETERY, ARLING-
TON, VIRGINIA.
(a) TRANSFER OF CERTAIN SECTION 29 LANDS.—
(1) The Secretary of the Interior shall transfer to the Sec-
retary of the Army administrative jurisdiction over the fol-
lowing lands located in section 29 of the unit of the Na-
tional Park System known as Arlington National Ceme-
tery, Virginia:
(A) The lands known as the Arlington National
Cemetery Interment Zone.
(B) The lands known as the Robert E. Lee Me-
morial Preservation Zone, except those lands in the
555
preservation zone that the Secretary of the Interior
determines to retain because of the historical signifi-
cance of the lands.
(2) The transfer of lands under paragraph (1) shall
be carried out in accordance with the Interagency Agree-
ment entered into by the Secretary of the Army and the
Secretary of the Interior on February 22, 1995.
(b) EXCHANGE OF ADDITIONAL LAND.—(1) The Sec-
retary of the Interior shall transfer to the Secretary of
the Army administrative jurisdiction over a parcel of land,
including any improvements thereon, consisting of ap-
proximately 2.43 acres, located in the Memorial Drive en-
trance area to Arlington National Cemetery.
(2) In exchange for the transfer under paragraph (1),
the Secretary of the Army shall transfer to the Secretary
of the Interior administrative jurisdiction over a parcel of
land, including any improvements thereon, consisting of
approximately 0.17 acres, located at Arlington National
Cemetery, and known as the Old Administrative Building
site. The Secretary of the Army shall grant to the Sec-
retary of the Interior a perpetual right of ingress and
egress to the parcel transferred this paragraph.
(c) LEGAL DESCRIPTION.—The exact acreage and
legal descriptions of the lands to be transferred pursuant
to this section shall be determined by surveys satisfactory
556
to the Secretary of the Interior and the Secretary of the
Army. The costs of the surveys shall be borne by the Sec-
retary of the Army.
SEC. 2822. LAND CONVEYANCE, ARMY RESERVE CENTER,
RUSHVILLE, INDIANA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the City
of Rushville, Indiana (in this section referred to as the
‘‘City’’), all right, title, and interest of the United States
in and to a parcel of excess real property, including im-
provements thereon, that is located in Rushville, Indiana,
and contains the Rushville Army Reserve Center.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the City retain the conveyed property for
the use and benefit of the Rushville Police Department.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the City.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
557
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER,
ANDERSON, SOUTH CAROLINA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Coun-
ty of Anderson, South Carolina (in this section referred
to as the ‘‘County’’), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, that is located at 805 East
Whitner Street in Anderson, South Carolina, and contains
an Army Reserve Center.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the County retain the conveyed property for
the use and benefit of the Anderson County Department
of Education.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the County.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
558
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2824. REAFFIRMATION OF LAND CONVEYANCES, FORT
SHERIDAN, ILLINOIS.
As soon as practicable after the date of the enactment
of this Act, the Secretary of the Army shall complete the
land conveyances involving Fort Sheridan, Illinois, re-
quired or authorized under section 125 of the Military
Construction Appropriations Act, 1996 (Public Law 104–
32; 109 Stat. 290).
PART II—NAVY CONVEYANCES
SEC. 2831. RELEASE OF CONDITION ON RECONVEYANCE OF
TRANSFERRED LAND, GUAM.
(a) IN GENERAL.—Section 818(b)(2) of the Military
Construction Authorization Act, 1981 (Public Law 96–
418; 94 Stat. 1782), relating to a condition on disposal
by Guam of lands conveyed to Guam by the United States,
shall have no force or effect and is repealed.
(b) EXECUTION OF INSTRUMENTS.—The Secretary
of the Navy and the Administrator of General Services
shall execute all instruments necessary to implement this
section.
559
SEC. 2832. LAND EXCHANGE, ST. HELENA ANNEX, NORFOLK
NAVAL SHIPYARD, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary
of the Navy may convey to such private person as the Sec-
retary considers appropriate (in this section referred to as
the ‘‘transferee’’) all right, title, and interest of the United
States in and to a parcel of real property that is located
at the Norfolk Naval Shipyard, Virginia, and, as of the
date of the enactment of this Act, is a portion of the prop-
erty leased to the Norfolk Shipbuilding and Drydock Com-
pany pursuant to the Department of the Navy lease
N00024–84–L–0004, effective October 1, 1984, as ex-
tended.
(2) Pending completion of the conveyance authorized
by paragraph (1), the Secretary may lease the real prop-
erty to the transferee upon such terms as the Secretary
considers appropriate.
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), including any interim lease
authorized by such subsection, the transferee shall—
(1) convey to the United States all right, title,
and interest to a parcel or parcels of real property,
together with any improvements thereon, located in
the area of Portsmouth, Virginia, which are deter-
mined to be acceptable to the Secretary; and
560
(2) pay to the Secretary an amount equal to the
amount, if any, by which the fair market value of
the parcel conveyed by the Secretary under sub-
section (a) exceeds the fair market value of the par-
cel conveyed to the United States under paragraph
(1).
(c) USE OF RENTAL AMOUNTS.—The Secretary may
use the amounts received as rent from any lease entered
into under the authority of subsection (a)(2) to fund envi-
ronmental studies of the parcels of real property to be con-
veyed under this section.
(d) IN-KIND CONSIDERATION.—The Secretary and
the transferee may agree that, in lieu of all or any part
of the consideration required by subsection (b)(2), the
transferee may provide and the Secretary may accept the
improvement, maintenance, protection, repair, or restora-
tion of real property under the control of the Secretary
in the area of Hampton Roads, Virginia.
(e) DETERMINATION OF FAIR MARKET VALUE AND
PROPERTY DESCRIPTION.—The Secretary shall determine
the fair market value of the parcels of real property to
be conveyed under subsections (a) and (b)(1). The exact
acreage and legal description of the parcels shall be deter-
mined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the transferee.
561
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyances under this section as
the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 
2833. 
LAND 
CONVEYANCE, 
CALVERTON 
PINE
BARRENS, NAVAL WEAPONS INDUSTRIAL RE-
SERVE PLANT, CALVERTON, NEW YORK.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey, without consideration, to the De-
partment of Environmental Conservation of the State of
New York (in this section referred to as the ‘‘Depart-
ment’’), all right, title, and interest of the United States
in and to the Calverton Pine Barrens located at the Naval
Weapons Industrial Reserve Plant, Calverton, New York.
(b) EFFECT ON OTHER CONVEYANCE AUTHORITY.—
The conveyance authorized by this subsection shall not af-
fect the transfer of jurisdiction of a portion of the
Calverton Pine Barrens authorized by section 2865 of the
Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104–106; 110 Stat. 576).
(c) CONDITION OF CONVEYANCE.—The conveyance
under subsection (a) shall be subject to the condition that
the Department agree—
562
(1) to maintain the conveyed property as a na-
ture preserve, as required by section 2854 of the
Military Construction Authorization Act for Fiscal
Year 1993 (division B of Public Law 102–484; 106
Stat. 2626), as amended by section 2823 of the Mili-
tary Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103–337; 108 Stat.
3058);
(2) to designate the conveyed property as the
‘‘Otis G. Pike Preserve’’; and
(3) to continue to allow the level of sporting ac-
tivities on the conveyed property as permitted at the
time of the conveyance.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the Department.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
(f) CALVERTON PINE BARRENS DEFINED.—In this
section, the term ‘‘Calverton Pine Barrens’’ has the mean-
563
ing given that term in section 2854(d)(1) of the Military
Construction Authorization Act for Fiscal Year 1993 (di-
vision B of Public Law 102–484; 106 Stat. 2626).
PART III—AIR FORCE CONVEYANCES
SEC. 2841. CONVEYANCE OF PRIMATE RESEARCH COM-
PLEX, HOLLOMAN AIR FORCE BASE, NEW
MEXICO.
(a) CONVEYANCE
AUTHORIZED.—Notwithstanding
any other provision of law, the Secretary of the Air Force
may dispose of all right, title, and interest of the United
States in and to the primate research complex at
Holloman Air Force Base, New Mexico. The conveyance
may include the colony of chimpanzees owned by the Air
Force that are housed at or managed from the primate
research complex. The conveyance may not include the
real property on which the primate research complex is
located.
(b) COMPETITIVE PROCEDURES REQUIRED.—The
Secretary shall use competitive procedures in making the
conveyance authorized by subsection (a).
(c) CARE AND USE STANDARDS.—As part of the so-
licitation of bids for the conveyance authorized by sub-
section (a), the Secretary shall develop standards for the
care and use of the primate research complex, and of
chimpanzees. The Secretary shall develop the standards
564
in consultation with the Secretary of Agriculture and the
Director of the National Institutes of Health.
(d) CONDITIONS OF CONVEYANCE.—The conveyance
authorized by subsection (a) shall be subject to the
followings conditions:
(1) That the recipient of the primate research
complex—
(A) utilize any chimpanzees included in the
conveyance for scientific research or medical re-
search purposes; or
(B) retire and provide adequate care for
such chimpanzees.
(2) That the recipient of the primate research
complex assume from the Secretary any leases at the
primate research complex that are in effect at the
time of the conveyance.
(e) DESCRIPTION OF COMPLEX.—The exact legal de-
scription of the primate research complex to be conveyed
under subsection (a) shall be determined by a survey or
other means satisfactory to the Secretary. The cost of any
survey or other services performed at the direction of the
Secretary under the authority in the preceding sentence
shall be borne by the recipient of the primate research
complex.
565
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2842. LAND CONVEYANCE, RADAR BOMB SCORING
SITE, BELLE FOURCHE, SOUTH DAKOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Air Force may convey, without consideration, to the
Belle Fourche School District, Belle Fourche, South Da-
kota (in this section referred to as the ‘‘District’’), all
right, title, and interest of the United States in and to
a parcel of real property, together with any improvements
thereon, consisting of approximately 37 acres located in
Belle Fourche, South Dakota, which has served as the lo-
cation of a support complex and housing facilities for De-
tachment 21 of the 554th Range Squadron, an Air Force
Radar Bomb Scoring Site located in Belle Fourche, South
Dakota. The conveyance may not include any portion of
the radar bomb scoring site located in the State of Wyo-
ming.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the District—
566
(1) use the property and facilities conveyed
under such subsection for education, economic devel-
opment, and housing purposes; or
(2) enter into an agreement with an appro-
priate public or private entity to sell or lease the
property and facilities to such entity for such pur-
poses.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under this
section shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
District.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
PART IV—OTHER CONVEYANCES
SEC. 2851. LAND CONVEYANCE, TATUM SALT DOME TEST
SITE, MISSISSIPPI.
(a) TRANSFER.—The Secretary of Energy may con-
vey, without compensation, to the State of Mississippi (in
this section referred to as the ‘‘State’’) the property known
as the Tatum Salt Dome Test Site, as generally depicted
567
on the map of the Department of Energy numbered
301913.104.02 and dated June 25, 1993.
(b) CONDITION ON CONVEYANCE.—The conveyance
under this section shall be subject to the condition that
the State use the conveyed property as a wilderness area
and working demonstration forest.
(c) DESIGNATION.—The property to be conveyed is
hereby designated as the ‘‘Jamie Whitten Wilderness
Area’’.
(d) RETAINED RIGHTS.—The conveyance under this
section shall be subject to each of the following rights to
be retained by the United States:
(1) Retention by the United States of the sub-
surface estate below a specified depth. The specified
depth shall be 1000 feet below sea level unless a
lesser depth is agreed upon by the Secretary and the
State.
(2) Retention by the United States of rights of
access, by easement or otherwise, for such purposes
as the Secretary considers appropriate, including ac-
cess to monitoring wells for sampling.
(3) Retention by the United States of the right
to install wells additional to those identified in the
remediation plan for the property to the extent such
additional wells are considered necessary by the Sec-
568
retary to monitor potential pathways of contaminant
migration. Such wells shall be in such locations as
specified by the Secretary.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
as the Secretary determines appropriate to protect the in-
terests of the United States.
SEC. 2852. LAND CONVEYANCE, WILLIAM LANGER JEWEL
BEARING PLANT, ROLLA, NORTH DAKOTA.
(a) AUTHORITY TO CONVEY.—The Administrator of
General Services may convey, without consideration, to the
Job Development Authority of the City of Rolla, North
Dakota (in this section referred to as the ‘‘Authority’’),
all right, title, and interest of the United States in and
to a parcel of real property, with improvements thereon
and all associated personal property, consisting of approxi-
mately 9.77 acres and comprising the William Langer
Jewel Bearing Plant in Rolla, North Dakota.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the Authority—
(1) use the real and personal property and im-
provements conveyed under that subsection for eco-
569
nomic development relating to the jewel bearing
plant;
(2) enter into an agreement with an appro-
priate public or private entity or person to lease
such property and improvements to that entity or
person for such economic development; or
(3) enter into an agreement with an appro-
priate public or private entity or person to sell such
property and improvements to that entity or person
for such economic development.
(c) PREFERENCE
FOR
DOMESTIC
DISPOSAL
OF
JEWEL BEARINGS.—(1) In offering to enter into agree-
ments pursuant to any provision of law for the disposal
of jewel bearings from the National Defense Stockpile, the
President shall give a right of first refusal on all such of-
fers to the Authority or to the appropriate public or pri-
vate entity or person with which the Authority enters into
an agreement under subsection (b).
(2) For the purposes of this section, the term ‘‘Na-
tional Defense Stockpile’’ means the stockpile provided for
in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98(c)).
(d) AVAILABILITY
OF FUNDS
FOR MAINTENANCE
AND
CONVEYANCE
OF
PLANT.—Notwithstanding any
other provision of law, funds available in fiscal year 1995
570
for the maintenance of the William Langer Jewel Bearing
Plant in Public Law 103–335 shall be available for the
maintenance of that plant in fiscal year 1996, pending
conveyance, and for the conveyance of that plant under
this section.
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under this
section shall be determined by a survey satisfactory to the
Administrator. The cost of the survey shall be borne by
the Administrator.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Ad-
ministrator may require such additional terms and condi-
tions in connection with the conveyance under this section
as the Administrator determines appropriate to protect
the interests of the United States.
Subtitle D—Other Matters
SEC. 2861. EASEMENTS FOR RIGHTS-OF-WAY.
Section 2668(a) of title 10, United States Code, is
amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (9);
(2) by redesignating paragraph (10) as para-
graph (12);
571
(3) in paragraph (12), as so redesignated, by
striking out ‘‘or by the Act of March 4, 1911 (43
U.S.C. 961)’’; and
(4) by inserting after paragraph (9) the follow-
ing new paragraph:
‘‘(10) poles and lines for the transmission and
distribution of electrical power;
‘‘(11) poles and lines for communication pur-
poses, and for radio, television, and other forms of
communication transmitting, relay, and receiving
structures and facilities; and’’.
SEC. 2862. AUTHORITY TO ENTER INTO COOPERATIVE
AGREEMENTS FOR THE MANAGEMENT OF
CULTURAL RESOURCES ON MILITARY IN-
STALLATIONS.
(a) AGREEMENTS AUTHORIZED.—Chapter 159 of
title 10, United States Code, is amended by inserting after
section 2683 the following new section:
‘‘§ 2684. Cooperative agreements for management of
cultural resources
‘‘(a) AUTHORITY.—The Secretary of Defense or the
Secretary of a military department may enter into a coop-
erative agreement with a State, local government, or other
entity for the preservation, management, maintenance,
and improvement of cultural resources on military instal-
572
lations and for the conducting of research regarding the
cultural resources. Activities under the cooperative agree-
ment shall be subject to the availability of funds to carry
out the cooperative agreement.
‘‘(b) APPLICATION OF OTHER LAWS.—Section 1535
and chapter 63 of title 31 shall not apply to a cooperative
agreement entered into under this section.
‘‘(c) CULTURAL RESOURCE DEFINED.—In this sec-
tion, the term ‘cultural resource’ means any of the follow-
ing:
‘‘(1) Any building, structure, site, district, or
object included in or eligible for inclusion in the Na-
tional Register of Historic Places under section 101
of the National Historic Preservation Act (16 U.S.C.
470a).
‘‘(2) Cultural items, as defined in section 2(3)
of the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001(3)).
‘‘(3) An archaeological resource, as defined in
section 3(1) of the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470bb(1)).
‘‘(4) Archaeological artifact collections and as-
sociated records, as defined in section 79 of title 36,
Code of Federal Regulations.’’.
573
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 2683 the following new
item:
‘‘2684. Cooperative agreements for management of cultural resources.’’.
SEC. 2863. DEMONSTRATION PROJECT FOR INSTALLATION
AND OPERATION OF ELECTRIC POWER DIS-
TRIBUTION SYSTEM AT YOUNGSTOWN AIR
RESERVE STATION, OHIO.
(a) AUTHORITY.—The Secretary of the Air Force
may carry out a demonstration project to assess the fea-
sibility and advisability of permitting private entities to
install, operate, and maintain electric power distribution
systems at military installations. The Secretary shall carry
out the demonstration project through an agreement
under subsection (b).
(b) AGREEMENT.—(1) In order to carry out the dem-
onstration project, the Secretary shall enter into an agree-
ment with an electric utility or other company in the
Youngstown, Ohio, area, consistent with State law, under
which the utility or company installs, operates, and main-
tains (in a manner satisfactory to the Secretary and the
utility or company) an electric power distribution system
at Youngstown Air Reserve Station, Ohio.
(2) The Secretary may not enter into an agreement
under this subsection until—
574
(A) the Secretary submits to the congressional
defense committees a report on the agreement to be
entered into, including the costs to be incurred by
the United States under the agreement; and
(B) a period of 30 days has elapsed from the
date of the receipt of the report by the committees.
(c) LICENSES AND EASEMENTS.—In order to facili-
tate the installation, operation, and maintenance of the
electric power distribution system under the agreement
under subsection (b), the Secretary may grant the utility
or company with which the Secretary enters into the
agreement such licenses, easements, and rights-of-way,
consistent with State law, as the Secretary and the utility
or company jointly determine necessary for such purposes.
(d) OWNERSHIP OF SYSTEM.—The agreement be-
tween the Secretary and the utility or company under sub-
section (b) may provide that the utility or company shall
own the electric power distribution system installed under
the agreement.
(e) RATE.—The rate charged by the utility or com-
pany for providing and distributing electric power at
Youngstown Air Reserve Station through the electric
power distribution system installed under the agreement
under subsection (b) shall be the rate established by the
appropriate Federal or State regulatory authority.
575
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in the agreement under subsection (b) as the Secretary
considers appropriate to protect the interests of the Unit-
ed States.
SEC. 2864. DESIGNATION OF MICHAEL O’CALLAGHAN MILI-
TARY HOSPITAL.
(a) DESIGNATION.—The Nellis Federal Hospital, a
Federal building located at 4700 North Las Vegas Boule-
vard, Las Vegas, Nevada, shall be known and designated
as the ‘‘Michael O’Callaghan Military Hospital’’.
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United
States to the Federal building referred to in subsection
(a) shall be deemed to be a reference to the ‘‘Michael
O’Callaghan Military Hospital’’.
TITLE XXIX—MILITARY LAND
WITHDRAWALS
Subtitle A—Fort Carson-Pinon
Canyon Military Lands Withdrawal
SEC. 2901. SHORT TITLE.
This subtitle may be cited as the ‘‘Fort Carson-Pinon
Canyon Military Lands Withdrawal Act’’.
576
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS AT
FORT CARSON MILITARY RESERVATION.
(a) WITHDRAWAL.—Subject to valid existing rights
and except as otherwise provided in this subtitle, the lands
at the Fort Carson Military Reservation, Colorado, that
are described in subsection (c) are hereby withdrawn from
all forms of appropriation under the public land laws, in-
cluding the mining laws, the mineral and geothermal leas-
ing laws, and the mineral materials disposal laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the
Army—
(1) for military maneuvering, training and
weapons firing; and
(2) for other defense related purposes consist-
ent with the uses specified in paragraph (1).
(c) LAND DESCRIPTION.—The lands referred to in
subsection (a) comprise 3,133.02 acres of public land and
11,415.16 acres of federally-owned minerals in El Paso,
Pueblo, and Fremont Counties, Colorado, as generally de-
picted on the map entitled ‘‘Fort Carson Proposed With-
drawal—Fort Carson Base’’, dated February 6, 1992, and
published in accordance with section 4.
577
SEC. 2903. WITHDRAWAL AND RESERVATION OF LANDS AT
PINON CANYON MANEUVER SITE.
(a) WITHDRAWAL.—Subject to valid existing rights
and except as otherwise provided in this subtitle, the lands
at the Pinon Canyon Maneuver Site, Colorado, that are
described in subsection (c) are hereby withdrawn from all
forms of appropriation under the public land laws, includ-
ing the mining laws, the mineral and geothermal leasing
laws, and the mineral materials disposal laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the
Army—
(1) for military maneuvering and training; and
(2) for other defense related purposes consist-
ent with the uses specified in paragraph (1).
(c) LAND DESCRIPTION.—The lands referred to in
subsection (a) comprise 2,517.12 acres of public lands and
130,139 acres of federally-owned minerals in Las Animas
County, Colorado, as generally depicted on the map enti-
tled ‘‘Fort Carson Proposed Withdrawal—Fort Carson
Maneuver Area—Pinon Canyon site’’, dated February 6,
1992, and published in accordance with section 2904.
SEC. 2904. MAPS AND LEGAL DESCRIPTIONS.
(a) PREPARATION OF MAPS AND LEGAL DESCRIP-
TION.—As soon as practicable after the date of the enact-
ment of this subtitle, the Secretary of the Interior shall
578
prepare maps depicting the lands withdrawn and reserved
by this subtitle and publish in the Federal Register a no-
tice containing the legal description of such lands.
(b) LEGAL EFFECT.—Such maps and legal descrip-
tions shall have the same force and effect as if they were
included in this subtitle, except that the Secretary of the
Interior may correct clerical and typographical errors in
such maps and legal descriptions.
(c) AVAILABILITY OF MAPS AND LEGAL DESCRIP-
TION.—Copies of such maps and legal descriptions shall
be available for public inspection in the offices of the Colo-
rado State Director and the Canon City District Manager
of the Bureau of Land Management and in the offices of
the Commander of Fort Carson, Colorado.
(d) COSTS.—The Secretary of the Army shall reim-
burse the Secretary of the Interior for the costs of imple-
menting this section.
SEC. 2905. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT GUIDELINES.—
(1) MANAGEMENT
BY
SECRETARY
OF
THE
ARMY.—Except as provided in section 6, during the
period of withdrawal, the Secretary of the Army
shall manage for military purposes the lands covered
by this subtitle and may authorize use of the lands
by the other military departments and agencies of
579
the Department of Defense, and the National
Guard, as appropriate.
(2) ACCESS RESTRICTIONS.—When military op-
erations, public safety, or national security, as deter-
mined by the Secretary of the Army, require the clo-
sure of roads and trails on the lands withdrawn by
this subtitle commonly in public use, the Secretary
of the Army is authorized to take such action, except
that such closures shall be limited to the minimum
areas and periods required for the purposes specified
in this subsection. Appropriate warning notices shall
be kept posted during closures.
(3) SUPPRESSION OF FIRES.—The Secretary of
the Army shall take necessary precautions to prevent
and suppress brush and range fires occurring within
and outside the lands as a result of military activi-
ties and may seek assistance from the Bureau of
Land Management in suppressing such fires. The
memorandum of understanding required by this sec-
tion shall provide for Bureau of Land Management
assistance in the suppression of such fires, and for
a transfer of funds from the Department of the
Army to the Bureau of Land Management as com-
pensation for such assistance.
(b) MANAGEMENT PLAN.—
580
(1) DEVELOPMENT REQUIRED.—The Secretary
of the Army, with the concurrence of the Secretary
of the Interior, shall develop a plan for the manage-
ment of acquired lands and lands withdrawn under
sections 2902 and 2903 for the period of with-
drawal. The plan shall—
(A) be consistent with applicable law;
(B) include such provisions as may be nec-
essary for proper resource management and
protection of the natural, cultural, and other re-
sources and values of such lands; and
(C) identify those withdrawn and acquired
lands, if any, which are to be open to mining
or mineral and geothermal leasing, including
mineral materials disposal.
(2) TIME FOR DEVELOPMENT.—The manage-
ment plan required by this subsection shall be devel-
oped not later than 5 years after the date of the en-
actment of this subtitle.
(c) IMPLEMENTATION OF MANAGEMENT PLAN.—
(1) MEMORANDUM
OF
UNDERSTANDING
RE-
QUIRED.—The Secretary of the Army and the Sec-
retary of the Interior shall enter into a memoran-
dum of understanding to implement the manage-
ment plan developed under subsection (b).
581
(2) DURATION.—The duration of any such
memorandum of understanding shall be the same as
the period of withdrawal specified in section 8(a).
(3) AMENDMENT.—The memorandum of under-
standing may be amended by agreement of both Sec-
retaries.
(d) USE OF CERTAIN RESOURCES.—The Secretary of
the Army is authorized to utilize sand, gravel, or similar
mineral or mineral material resources from the lands with-
drawn by this subtitle when the use of such resources is
required for construction needs of the Fort Carson Res-
ervation or Pinon Canyon Maneuver Site.
SEC. 2906. MANAGEMENT OF WITHDRAWN AND ACQUIRED
MINERAL RESOURCES.
Except as provided in section 2905(d), the Secretary
of the Interior shall manage all withdrawn and acquired
mineral resources within the boundaries of the Fort Car-
son Military Reservation and Pinon Canyon Maneuver
Site in the same manner as provided in section 12 of the
Military Lands Withdrawal Act of 1986 (Public Law 99–
606; 100 Stat. 3466) for mining and mineral leasing on
certain lands withdrawn by that Act from all forms of ap-
propriation under the public land laws.
582
SEC. 2907. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands with-
drawn and reserved by this subtitle shall be conducted in
accordance with section 2671 of title 10, United States
Code.
SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVA-
TION.
(a) TERMINATION DATE.—The withdrawal and res-
ervation made by this subtitle shall terminate 15 years
after the date of the enactment of this subtitle.
(b) DETERMINATION
OF
CONTINUING
MILITARY
NEED.—
(1) 
DETERMINATION
REQUIRED.—At 
least
three years before the termination under subsection
(a) of the withdrawal and reservation established by
this subtitle, the Secretary of the Army shall advise
the Secretary of the Interior as to whether or not
the Department of the Army will have a continuing
military need for any of the lands after the termi-
nation date.
(2) METHOD OF MAKING DETERMINATION.—If
the Secretary of the Army concludes under para-
graph (1) that there will be a continuing military
need for any of the lands after the termination date
established by subsection (a), the Secretary of the
Army, in accordance with applicable law, shall—
583
(A) evaluate the environmental effects of
renewal of such withdrawal and reservation;
(B) hold at least one public hearing in Col-
orado concerning such evaluation; and
(C) file, after completing the requirements
of subparagraphs (A) and (B), an application
for extension of the withdrawal and reservation
of such lands in accordance with the regulations
and procedures of the Department of the Inte-
rior applicable to the extension of withdrawals
for military uses.
(3) NOTIFICATION.—The Secretary of the Inte-
rior shall notify the Congress concerning a filing
under paragraph (3)(C).
(c) EARLY RELINQUISHMENT OF WITHDRAWAL.—If
the Secretary of the Army concludes under subsection (b)
that before the termination date established by subsection
(a) there will be no military need for all or any part of
the lands withdrawn and reserved by this subtitle, or if,
during the period of withdrawal, the Secretary of the
Army otherwise decides to relinquish any or all of the
lands withdrawn and reserved under this subtitle, the Sec-
retary of the Army shall file with the Secretary of the Inte-
rior a notice of intention to relinquish such lands.
584
(d) ACCEPTANCE OF LANDS PROPOSED FOR RELIN-
QUISHMENT.—Notwithstanding any other provision of
law, the Secretary of the Interior, upon deciding that it
is in the public interest to accept jurisdiction over the
lands proposed for relinquishment, may revoke the with-
drawal and reservation established by this subtitle as it
applies to the lands proposed for relinquishment. Should
the decision be made to revoke the withdrawal and res-
ervation, the Secretary of the Interior shall publish in the
Federal Register an appropriate order which shall—
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdic-
tion over the lands by the Secretary of the Interior;
and
(3) state the date upon which the lands will be
opened to the operation of the public land laws, in-
cluding the mining laws if appropriate.
SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINA-
TION AND EFFECT OF CONTAMINATION.
(a) DETERMINATION OF PRESENCE OF CONTAMINA-
TION.—
(1) BEFORE
RELINQUISHMENT
NOTICE.—Be-
fore filing a relinquishment notice under section
2908(c), the Secretary of the Army shall prepare a
written determination as to whether and to what ex-
585
tent the lands to be relinquished are contaminated
with explosive, toxic, or other hazardous materials. A
copy of the determination made by the Secretary of
the Army shall be supplied with the relinquishment
notice. Copies of both the relinquishment notice and
the determination under this subsection shall be
published in the Federal Register by the Secretary
of the Interior.
(2) UPON TERMINATION OF WITHDRAWAL.—At
the expiration of the withdrawal period made by this
Act, the Secretary of the Interior shall determine
whether and to what extent the lands withdrawn by
this subtitle are contaminated to an extent which
prevents opening such contaminated lands to oper-
ation of the public land laws.
(b) PROGRAM OF DECONTAMINATION.—
(1) IN GENERAL.—Throughout the duration of
the withdrawal and reservation made by this sub-
title, the Secretary of the Army, to the extent funds
are made available, shall maintain a program of de-
contamination of the lands withdrawn by this sub-
title at least at the level of effort carried out during
fiscal year 1992.
(2) DECONTAMINATION OF LANDS TO BE RE-
LINQUISHED.—In the case of lands subject to a re-
586
linquishment notice under section 2908(c) that are
contaminated, the Secretary of the Army shall de-
contaminate the land to the extent that funds are
appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the
Army, determines that—
(A) decontamination of the lands is prac-
ticable and economically feasible, taking into
consideration the potential future use and value
of the land; and
(B) upon decontamination, the land could
be opened to the operation of some or all of the
public land laws, including the mining laws.
(c) AUTHORITY OF SECRETARY OF THE INTERIOR TO
REFUSE CONTAMINATED LANDS.—The Secretary of the
Interior shall not be required to accept lands proposed for
relinquishment if the Secretary of the Army and the Sec-
retary of the Interior conclude that—
(1) decontamination of any or all of the lands
proposed for relinquishment is not practicable or
economically feasible;
(2) the lands cannot be decontaminated suffi-
ciently to allow them to be opened to the operation
of the public land laws; or
587
(3) insufficient funds are appropriated for the
purpose of decontaminating the lands.
(d) EFFECT OF CONTINUED CONTAMINATION.—If
the Secretary of the Interior declines under subsection (c)
to accept jurisdiction of lands proposed for relinquishment
or if the Secretary of the Interior determines under sub-
section (a)(2) that some of the lands withdrawn by this
subtitle are contaminated to an extent that prevents open-
ing the contaminated lands to operation of the public land
laws—
(1) the Secretary of the Army shall take appro-
priate steps to warn the public of the contaminated
state of such lands and any risks associated with
entry onto such lands;
(2) after the expiration of the withdrawal, the
Secretary of the Army shall undertake no activities
on such lands except in connection with decon-
tamination of such lands; and
(3) the Secretary of the Army shall report to
the Secretary of the Interior and to the Congress
concerning the status of such lands and all actions
taken under paragraphs (1) and (2).
(e) EFFECT OF SUBSEQUENT DECONTAMINATION.—
If the lands described in subsection (d) are subsequently
decontaminated, upon certification by the Secretary of the
588
Army that the lands are safe for all nonmilitary uses, the
Secretary of the Interior shall reconsider accepting juris-
diction over the lands.
(f) EFFECT ON OTHER LAWS.—Nothing in this sub-
title shall affect, or be construed to affect, the obligations
of the Secretary of the Army, if any, to decontaminate
lands withdrawn by this subtitle pursuant to applicable
law, including the Comprehensive Environmental Re-
sponse Compensation and Liability Act of 1980 (42
U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.).
SEC. 2910. DELEGATION.
The functions of the Secretary of the Army under
this subtitle may be delegated. The functions of the Sec-
retary of the Interior under this subtitle may be delegated,
except that the order referred to in section 2908(d) may
be approved and signed only by the Secretary of the Inte-
rior, the Deputy Secretary of the Interior, or an Assistant
Secretary of the Department of the Interior.
SEC. 2911. HOLD HARMLESS.
Any party conducting any mining, mineral, or geo-
thermal leasing activity on lands comprising the Fort Car-
son Reservation or Pinon Canyon Maneuver Site shall in-
demnify the United States against any costs, fees, dam-
ages, or other liabilities (including costs of litigation) in-
589
curred by the United States and arising from or relating
to such mining activities, including costs of mineral mate-
rials disposal, whether arising under the Comprehensive
Environmental Response Compensation and Liability Act
of 1980, the Solid Waste Disposal Act, or otherwise.
SEC. 2912. AMENDMENT TO MILITARY LANDS WITHDRAWAL
ACT OF 1986.
(a) USE OF CERTAIN RESOURCES.—Section 3(f) of
the Military Lands Withdrawal Act of 1986 (Public Law
99–606; 100 Stat. 3461) is amended by adding at the end
the following new paragraph:
‘‘(2) Subject to valid existing rights, the Secretary
of the military department concerned may utilize sand,
gravel, or similar mineral or material resources when the
use of such resources is required for construction needs
on the respective lands withdrawn by this Act.’’.
(b) TECHNICAL CORRECTION.—Section 9(b) of the
Military Lands Withdrawal Act of 1986 (Public Law 99–
606; 100 Stat. 3466) is amended by striking ‘‘section
7(f)’’ and inserting in lieu thereof ‘‘section 8(f)’’.
SEC. 2913. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such
sums as may be necessary to carry out the purposes of
this subtitle.
590
Subtitle B—El Centro Naval Air
Facility Ranges Withdrawal
SEC. 2921. SHORT TITLE AND DEFINITIONS.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘El Centro Naval Air Facility Ranges Withdrawal Act’’.
(b) DEFINITIONS.—In this subtitle:
(1) The term ‘‘El Centro’’ means the Naval Air
Facility, El Centro, California.
(2) The term ‘‘cooperative agreement’’ means
the cooperative agreement entered into between the
Bureau of Land Management, the Bureau of Rec-
lamation, and the Department of the Navy, dated
June 29, 1987, with regard to the defense-related
uses of Federal lands to further the mission of El
Centro.
(3) The term ‘‘relinquishment notice’’ means a
notice of intention by the Secretary of the Navy
under section 2928(a) to relinquish, before the ter-
mination date specified in section 2925, the with-
drawal and reservation of certain lands withdrawn
under this subtitle.
SEC. 2922. WITHDRAWAL AND RESERVATION OF LANDS FOR
EL CENTRO.
(a) WITHDRAWALS.—Subject to valid existing rights,
and except as otherwise provided in this subtitle, the Fed-
591
eral lands utilized in the mission of the Naval Air Facility,
El Centro, California, that are described in subsection (c)
are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws, but
not the mineral leasing or geothermal leasing laws or the
mineral materials sales laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for the use by the Secretary of
the Navy—
(1) for defense-related purposes in accordance
with the cooperative agreement; and
(2) subject to notice to the Secretary of the In-
terior under section 2924(e), for other defense-relat-
ed purposes determined by the Secretary of the
Navy.
(c) DESCRIPTION
OF WITHDRAWN LANDS.—The
lands withdrawn and reserved under subsection (a) are—
(1) the Federal lands comprising approximately
46,600 acres in Imperial County, California, as gen-
erally depicted in part on a map entitled ‘‘Exhibit A,
Naval Air Facility, El Centro, California, Land Ac-
quisition Map, Range 2510 (West Mesa)’’ and dated
March 1993 and in part on a map entitled ‘‘Exhibit
B, Naval Air Facility, El Centro, California, Land
592
Acquisition Map Range 2512 (East Mesa)’’ and
dated March 1993; and
(2) and all other areas within the boundaries of
such lands as depicted on such maps that may be-
come subject to the operation of the public land
laws.
SEC. 2923. MAPS AND LEGAL DESCRIPTIONS.
(a) PUBLICATION AND FILING REQUIREMENTS.—As
soon as practicable after the date of the enactment of this
subtitle, the Secretary of the Interior shall—
(1) publish in the Federal Register a notice
containing the legal description of the lands with-
drawn and reserved under this subtitle; and
(2) file maps and the legal description of the
lands withdrawn and reserved under this subtitle
with the Committee on Energy and Natural Re-
sources of the Senate and with the Committee on
Resources of the House of Representatives.
(b) LEGAL EFFECT.—The maps and legal description
prepared under subsection (a) shall have the same force
and effect as if they were included in this subtitle, except
that the Secretary of the Interior may correct clerical and
typographical errors in the maps and legal description.
593
(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies
of the maps and legal description prepared under sub-
section (a) shall be available for public inspection in—
(1) the Office of the State Director, California
State Office of the Bureau of Land Management,
Sacramento, California;
(2) the Office of the District Manager, Califor-
nia Desert District of the Bureau of Land Manage-
ment, Riverside, California; and
(3) the Office of the Commanding Officer, Ma-
rine Corps Air Station, Yuma, Arizona.
(d) REIMBURSEMENT.—The Secretary of Navy shall
reimburse the Secretary of the Interior for the cost of im-
plementing this section.
SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT CONSISTENT WITH COOPERATIVE
AGREEMENT.—The lands and resources shall be managed
in accordance with the cooperative agreement, revised as
necessary to conform to the provisions of this subtitle. The
parties to the cooperative agreement shall review the coop-
erative agreement for conformance with this subtitle and
amend the cooperative agreement, if appropriate, within
120 days after the date of the enactment of this subtitle.
The term of the cooperative agreement shall be amended
so that its duration is at least equal to the duration of
594
the withdrawal made by section 2925. The cooperative
agreement may be reviewed and amended by the managing
agencies as necessary.
(b) MANAGEMENT BY SECRETARY OF THE INTE-
RIOR.—
(1) GENERAL MANAGEMENT AUTHORITY.—Dur-
ing the period of withdrawal, the Secretary of the
Interior shall manage the lands withdrawn and re-
served under this subtitle pursuant to the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other applicable laws, in-
cluding this subtitle.
(2) SPECIFIC
AUTHORITIES.—To the extent
consistent with applicable laws, Executive orders,
and the cooperative agreement, the lands withdrawn
and reserved under this subtitle may be managed in
a manner permitting—
(A) protection of wildlife and wildlife habi-
tat;
(B) control of predatory and other ani-
mals;
(C) the prevention and appropriate sup-
pression of brush and range fires resulting from
nonmilitary activities; and
595
(D) geothermal leasing and development
and related power production, mineral leasing
and development, and mineral material sales.
(3) EFFECT OF WITHDRAWAL.—The Secretary
of the Interior shall manage the lands withdrawn
and reserved under this subtitle, in coordination
with the Secretary of the Navy, such that all non-
military use of such lands, including the uses de-
scribed in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to
permit the military use of such lands for the pur-
poses specified in the cooperative agreement or au-
thorized pursuant to this subtitle.
(c) CERTAIN ACTIVITIES SUBJECT TO CONCURRENCE
OF NAVY.—The Secretary of the Interior may issue a
lease, easement, right-of-way, or other authorization with
respect to the nonmilitary use of the withdrawn lands only
with the concurrence of the Secretary of the Navy and
under the terms of the cooperative agreement.
(d) ACCESS RESTRICTIONS.—If the Secretary of the
Navy determines that military operations, public safety,
or national security require the closure to public use of
any road, trail, or other portion of the lands withdrawn
under this subtitle, the Secretary may take such action
as the Secretary determines necessary or desirable to ef-
596
fect and maintain such closure. Any such closure shall be
limited to the minimum areas and periods which the Sec-
retary of the Navy determines are required to carry out
this subsection. Before and during any closure under this
subsection, the Secretary of the Navy shall keep appro-
priate warning notices posted and take appropriate steps
to notify the public concerning such closures.
(e) ADDITIONAL MILITARY USES.—Lands withdrawn
under this subtitle may be used for defense-related uses
other than those specified in the cooperative agreement.
The Secretary of the Navy shall promptly notify the Sec-
retary of the Interior in the event that the lands with-
drawn under this subtitle will be used for additional de-
fense-related purposes. Such notification shall indicate the
additional use or uses involved, the proposed duration of
such uses, and the extent to which such additional military
uses of the withdrawn lands will require that additional
or more stringent conditions or restrictions be imposed on
otherwise-permitted nonmilitary uses of all or any portion
of the withdrawn lands.
SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation made under this sub-
title shall terminate 25 years after the date of the enact-
ment of this subtitle.
597
SEC. 2926. CONTINUATION OF ONGOING DECONTAMINA-
TION ACTIVITIES.
Throughout the duration of the withdrawal and res-
ervation made under this subtitle, and subject to the avail-
ability of funds, the Secretary of the Navy shall maintain
a program of decontamination of the lands withdrawn
under this subtitle at least at the level of decontamination
activities performed on such lands in fiscal year 1995.
Such activities shall be subject to applicable laws, such
as the amendments made by the Federal Facility Compli-
ance Act of 1992 (Public Law 102–386; 106 Stat. 1505)
and the Defense Environmental Restoration Program es-
tablished under section 2701 of title 10, United States
Code.
SEC. 2927. REQUIREMENTS FOR EXTENSION.
(a) NOTICE OF CONTINUED MILITARY NEED.—Not
later than five years before the termination date specified
in section 2925, the Secretary of the Navy shall advise
the Secretary of the Interior as to whether or not the Navy
will have a continuing military need for any or all of the
lands withdrawn and reserved under this subtitle after the
termination date.
(b) APPLICATION FOR EXTENSION.—If the Secretary
of the Navy determines that there will be a continuing
military need for any or all of the withdrawn lands after
the termination date specified in section 2925, the Sec-
598
retary of the Navy shall file an application for extension
of the withdrawal and reservation of the lands in accord-
ance with the then existing regulations and procedures of
the Department of the Interior applicable to extension of
withdrawal of lands for military purposes and that are
consistent with this subtitle. Such application shall be filed
with the Department of the Interior not later than four
years before the termination date.
(c) EXTENSION PROCESS.—The withdrawal and res-
ervation established by this subtitle may not be extended
except by an Act or Joint Resolution of Congress.
SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.
(a) FILING OF RELINQUISHMENT NOTICE.—If, dur-
ing the period of withdrawal and reservation specified in
section 2925, the Secretary of the Navy decides to relin-
quish all or any portion of the lands withdrawn and re-
served under this subtitle, the Secretary of the Navy shall
file a notice of intention to relinquish with the Secretary
of the Interior.
(b) DETERMINATION OF PRESENCE OF CONTAMINA-
TION.—Before transmitting a relinquishment notice under
subsection (a), the Secretary of the Navy, in consultation
with the Secretary of the Interior, shall prepare a written
determination concerning whether and to what extent the
lands to be relinquished are contaminated with explosive,
599
toxic, or other hazardous wastes and substances. A copy
of such determination shall be transmitted with the relin-
quishment notice.
(c) DECONTAMINATION AND REMEDIATION.—In the
case of contaminated lands which are the subject of a re-
linquishment notice, the Secretary of the Navy shall de-
contaminate or remediate the land to the extent that funds
are appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the Navy,
determines that—
(1) decontamination or remediation of the lands
is practicable and economically feasible, taking into
consideration the potential future use and value of
the land; and
(2) upon decontamination or remediation, the
land could be opened to the operation of some or all
of the public land laws, including the mining laws.
(d) DECONTAMINATION AND REMEDIATION ACTIVI-
TIES SUBJECT TO OTHER LAWS.—The activities of the
Secretary of the Navy under subsection (c) are subject to
applicable laws and regulations, including the Defense En-
vironmental Restoration Program established under sec-
tion 2701 of title 10, United States Code, the Comprehen-
sive Environmental Response Compensation and Liability
600
Act of 1980 (42 U.S.C. 9601 et seq.), and the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(e) AUTHORITY OF SECRETARY OF THE INTERIOR TO
REFUSE CONTAMINATED LANDS.—The Secretary of the
Interior shall not be required to accept lands specified in
a relinquishment notice if the Secretary of the Interior,
after consultation with the Secretary of the Navy, con-
cludes that—
(1) decontamination or remediation of any land
subject to the relinquishment notice is not prac-
ticable or economically feasible;
(2) the land cannot be decontaminated or reme-
diated sufficiently to be opened to operation of some
or all of the public land laws; or
(3) a sufficient amount of funds are not appro-
priated for the decontamination of the land.
(f) STATUS OF CONTAMINATED LANDS.—If, because
of the condition of the lands, the Secretary of the Interior
declines to accept jurisdiction of lands proposed for relin-
quishment or, if at the expiration of the withdrawal made
under this subtitle, the Secretary of the Interior deter-
mines that some of the lands withdrawn under this sub-
title are contaminated to an extent which prevents opening
such contaminated lands to operation of the public land
laws—