II
September 6 (legislative day, September 5), 1995
Ordered to be printed as passed
In the Senate of the United States,
September 6 (legislative day, September 5), 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 1530) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 1996 for military activities of the Depart-
ment of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for
other purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1996’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
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(1) DIVISION A—Department of Defense Author-
izations.
(2) DIVISION B—Military Construction Author-
izations.
(3) DIVISION C—Department of Energy National
Security Authorizations and Other Authorizations.
(4) DIVISION D—Information Technology Man-
agement Reform.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health program.
Subtitle B—Army Programs
Sec. 111. AH–64D Longbow Apache attack helicopter.
Sec. 112. OH–58D AHIP Scout helicopter.
Sec. 113. Hydra 70 rocket.
Sec. 114. Report on AH–64D engine upgrades.
Subtitle C—Navy Programs
Sec. 121. Seawolf and new attack submarine programs.
Sec. 122. Repeal of prohibition on backfit of Trident submarines.
Sec. 123. Arleigh Burke class destroyer program.
Sec. 124. Split funding for construction of naval vessels.
Sec. 125. Seawolf submarine program.
Sec. 126. Crash attenuating seats acquisition program.
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Subtitle D—Other Programs
Sec. 131. Tier II predator unmanned aerial vehicle program.
Sec. 132. Pioneer unmanned aerial vehicle program.
Sec. 133. Joint Primary Aircraft Training System program.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. A/F117X long-range, medium attack aircraft.
Sec. 212. Navy mine countermeasures program.
Sec. 213. Marine Corps shore fire support.
Sec. 214. Space and missile tracking system program.
Sec. 215. Precision guided munitions.
Sec. 216. Defense Nuclear Agency programs.
Sec. 217. Counterproliferation support program.
Sec. 218. Nonlethal weapons program.
Sec. 219. Federally funded research and development centers.
Sec. 220. States eligible for assistance under Defense Experimental Program To
Stimulate Competitive Research.
Sec. 221. National defense technology and industrial base, defense reinvestment,
and conversion.
Sec. 222. Revisions of Manufacturing Science and Technology Program.
Sec. 223. Preparedness of the Department of Defense to respond to military and
civil defense emergencies resulting from a chemical, biological,
radiological, or nuclear attack.
Sec. 224. Joint Seismic Program and Global Seismic Network.
Sec. 225. Depressed altitude guided gun round system.
Sec. 226. Army echelon above corps communications.
Sec. 227. Testing of theater missile defense interceptors.
Subtitle C—Missile Defense
Sec. 231. Short title.
Sec. 232. Findings.
Sec. 233. Missile defense policy.
Sec. 234. Theater missile defense architecture.
Sec. 235. National missile defense system architecture.
Sec. 236. Cruise missile defense initiative.
Sec. 237. Policy regarding the ABM Treaty.
Sec. 238. Prohibition on funds to implement an international agreement concern-
ing theater missile defense systems.
Sec. 239. Ballistic Missile Defense program elements.
Sec. 240. ABM Treaty defined.
Sec. 241. Repeal of missile defense provisions.
Sec. 242. Sense of Senate on the Director of Operational Test and Evaluation.
Sec. 243. Ballistic Missile Defense Technology Center.
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TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Increase in funding for the Civil Air Patrol.
Subtitle B—Depot-Level Maintenance and Repair
Sec. 311. Policy regarding performance of depot-level maintenance and repair for
the Department of Defense.
Sec. 312. Extension of authority for aviation depots and naval shipyards to en-
gage in defense-related production and services.
Subtitle C—Environmental Provisions
Sec. 321. Revision of requirements for agreements for services under environ-
mental restoration program.
Sec. 322. Discharges from vessels of the Armed Forces.
Sec. 323. Revision of authorities relating to restoration advisory boards.
Subtitle D—Civilian Employees
Sec. 331. Minimum number of military reserve technicians.
Sec. 332. Exemption of Department of Defense from personnel ceilings for civil-
ian personnel.
Sec. 333. Wearing of uniform by National Guard technicians.
Sec. 334. Extension of temporary authority to pay civilian employees with re-
spect to the evacuation from Guantanamo, Cuba.
Sec. 335. Sharing of personnel of Department of Defense domestic dependent
schools and Defense Dependents’ Education System.
Sec. 336. Revision of authority for appointments of involuntarily separated mili-
tary reserve technicians.
Sec. 337. Cost of continuing health insurance coverage for employees voluntarily
separated from positions to be eliminated in a reduction in
force.
Sec. 338. Elimination of 120-day limitation on details of certain employees.
Sec. 339. Repeal of requirement for part-time career opportunity employment re-
ports.
Sec. 340. Authority of civilian employees of Department of Defense to participate
voluntarily in reductions in force.
Sec. 341. Authority to pay severance payments in lump sums.
Sec. 342. Holidays for employees whose basic workweek is other than Monday
through Friday.
Sec. 343. Coverage of nonappropriated fund employees under authority for flexi-
ble and compressed work schedules.
Subtitle E—Defense Financial Management
Sec. 351. Financial management training.
Sec. 352. Limitation on opening of new centers for Defense Finance and Account-
ing Service.
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Subtitle F—Miscellaneous Assistance
Sec. 361. Department of Defense funding for National Guard participation in
joint disaster and emergency assistance exercises.
Sec. 362. Office of Civil-Military Programs.
Sec. 363. Revision of authority for Civil-Military Cooperative Action Program.
Sec. 364. Office of Humanitarian and Refugee Affairs.
Sec. 365. Overseas humanitarian, disaster, and civic AID programs.
Subtitle G—Operation of Morale, Welfare, and Recreation
Activities
Sec. 371. Disposition of excess morale, welfare, and recreation funds.
Sec. 372. Elimination of certain restrictions on purchases and sales of items by
exchange stores and other morale, welfare, and recreation facili-
ties.
Sec. 373. Repeal of requirement to convert ships’ stores to nonappropriated fund
instrumentalities.
Subtitle H—Other Matters
Sec. 381. National Defense Sealift Fund: availability for the National Defense Re-
serve Fleet.
Sec. 382. Availability of recovered losses resulting from contractor fraud.
Sec. 383. Permanent authority for use of proceeds from the sale of certain lost,
abandoned, or unclaimed property.
Sec. 384. Sale of military clothing and subsistence and other supplies of the Navy
and Marine Corps.
Sec. 385. Conversion of Civilian Marksmanship Program to nonappropriated
fund instrumentality and activities under program.
Sec. 386. Report on efforts to contract out certain functions of Department of De-
fense.
Sec. 387. Impact aid.
Sec. 388. Funding for troops to teachers program and troops to cops program.
Sec. 389. Authorizing the amounts requested in the budget for Junior ROTC.
Sec. 390. Report on private performance of certain functions performed by mili-
tary aircraft.
Sec. 391. Allegany Ballistics Laboratory.
Sec. 392. Encouragement of use of leasing authority.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation in DOPMA authorized end strength limitations
for active duty Air Force and Navy officers in certain grades.
Sec. 403. Certain general and flag officers awaiting retirement not to be counted.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. Increase in number of members in certain grades authorized to serve
on active duty in support of the reserves.
Sec. 414. Reserves on active duty in support of Cooperative Threat Reduction
programs not to be counted.
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Sec. 415. Reserves on active duty for military-to-military contacts and com-
parable activities not to be counted.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Revision of service obligation for graduates of the service academies.
Sec. 503. Qualifications for appointment as Surgeon General of an armed force.
Sec. 504. Deputy Judge Advocate General of the Air Force.
Sec. 505. Retiring general and flag officers: applicability of uniform criteria and
procedures for retiring in highest grade in which served.
Sec. 506. Extension of certain reserve officer management authorities.
Sec. 507. Restrictions on wearing insignia for higher grade before promotion.
Sec. 508. Director of admissions, United States Military Academy: retirement for
years of service.
Subtitle B—Matters Relating to Reserve Components
Sec. 511. Mobilization income insurance program for members of Ready Reserve.
Sec. 512. Eligibility of dentists to receive assistance under the financial assist-
ance program for health care professionals in reserve compo-
nents.
Sec. 513. Leave for members of reserve components performing public safety duty.
Subtitle C—Uniform Code of Military Justice
Sec. 521. References to Uniform Code of Military Justice.
Sec. 522. Definitions.
Sec. 523. Article 32 investigations.
Sec. 524. Refusal to testify before court-martial.
Sec. 525. Commitment of accused to treatment facility by reason of lack of mental
capacity or mental responsibility.
Sec. 526. Forfeiture of pay and allowances and reduction in grade.
Sec. 527. Deferment of confinement.
Sec. 528. Submission of matters to the convening authority for consideration.
Sec. 529. Proceedings in revision.
Sec. 530. Appeal by the United States.
Sec. 531. Flight from apprehension.
Sec. 532. Carnal knowledge.
Sec. 533. Time after accession for initial instruction in the Uniform Code of
Military Justice.
Sec. 534. Technical amendment.
Sec. 535. Permanent authority concerning temporary vacancies on the Court of
Appeals for the Armed Forces.
Sec. 536. Advisory panel on UCMJ jurisdiction over civilians accompanying the
Armed Forces in time of armed conflict.
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Subtitle D—Decorations and Awards
Sec. 541. Award of Purple Heart to certain former prisoners of war.
Sec. 542. Meritorious and valorous service during Vietnam era: review and
awards.
Sec. 543. Military intelligence personnel prevented by secrecy from being consid-
ered for decorations and awards.
Sec. 544. Review regarding awards of Distinguished-Service Cross to Asian-
Americans and Pacific Islanders for certain World War II serv-
ice.
Subtitle E—Other Matters
Sec. 551. Determination of whereabouts and status of missing persons.
Sec. 552. Service not creditable for periods of unavailability or incapacity due
to misconduct.
Sec. 553. Separation in cases involving extended confinement.
Sec. 554. Duration of field training or practice cruise required under the Senior
Reserve Officers’ Training Corps program.
Sec. 555. Correction of military records.
Sec. 556. Limitation on reductions in medical personnel.
Sec. 557. Repeal of requirement for athletic director and nonappropriated fund
account for the athletics programs at the service academies.
Sec. 558. Prohibition on use of funds for service academy preparatory school test
program.
Sec. 559. Centralized judicial review of Department of Defense personnel actions.
Sec. 560. Delay in reorganization of Army ROTC regional headquarters struc-
ture.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Election of basic allowance for quarters instead of assignment to inad-
equate quarters.
Sec. 603. Payment of basic allowance for quarters to members of the uniformed
services in pay grade E–6 who are assigned to sea duty.
Sec. 604. Limitation on reduction of variable housing allowance for certain mem-
bers.
Sec. 605. Clarification of limitation on eligibility for family separation allow-
ance.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse officer can-
didates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses and special
pays.
Sec. 614. Hazardous duty incentive pay for warrant officers and enlisted mem-
bers serving as air weapons controllers.
Sec. 615. Aviation career incentive pay.
Sec. 616. Clarification of authority to provide special pay for nurses.
Sec. 617. Continuous entitlement to career sea pay for crew members of ships des-
ignated as tenders.
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Sec. 618. Increase in maximum rate of special duty assignment pay for enlisted
members serving as recruiters.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Calculation on basis of mileage tables of Secretary of Defense: repeal of
requirement.
Sec. 622. Departure allowances.
Sec. 623. Dislocation allowance for moves resulting from a base closure or re-
alignment.
Sec. 624. Transportation of nondependent child from sponsor’s station overseas
after loss of dependent status while overseas.
Subtitle D—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 631. Use of commissary stores by members of the Ready Reserve.
Sec. 632. Use of commissary stores by retired Reserves under age 60 and their
survivors.
Sec. 633. Use of morale, welfare, and recreation facilities by members of reserve
components and dependents: clarification of entitlement.
Subtitle E—Other Matters
Sec. 641. Cost-of-living increases for retired pay.
Sec. 642. Eligibility for retired pay for non-regular service denied for members
receiving certain sentences in courts-martial.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Automatic maximum coverage under Servicemen’s Group Life Insur-
ance.
Sec. 645. Termination of Servicemen’s Group Life Insurance for members of the
Ready Reserve who fail to pay premiums.
Sec. 646. Report on extending to junior noncommissioned officers privileges pro-
vided for senior noncommissioned officers.
Sec. 647. Payment to survivors of deceased members of the uniformed services for
all leave accrued.
Sec. 648. Annuities for certain military surviving spouses.
Sec. 649. Transitional compensation for dependents of members of the Armed
Forces separated for dependent abuse.
TITLE VII—HEALTH CARE
Subtitle A—Health Care Services
Sec. 701. Medical care for surviving dependents of retired Reserves who die before
age 60.
Sec. 702. Dental insurance for members of the Selected Reserve.
Sec. 703. Modification of requirements regarding routine physical examinations
and immunizations under CHAMPUS.
Sec. 704. Permanent authority to carry out specialized treatment facility pro-
gram.
Sec. 705. Waiver of medicare part B late enrollment penalty and establishment
of special enrollment period for certain military retirees and de-
pendents.
Subtitle B—TRICARE Program
Sec. 711. Definition of TRICARE program and other terms.
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Sec. 712. Provision of TRICARE uniform benefits by uniformed services treat-
ment facilities.
Sec. 713. Sense of Senate on access of medicare eligible beneficiaries of
CHAMPUS to health care under TRICARE.
Sec. 714. Pilot program of individualized residential mental health services.
Subtitle C—Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as uniformed services
treatment facilities.
Sec. 722. Applicability of Federal Acquisition Regulation to participation agree-
ments with uniformed services treatment facilities.
Sec. 723. Applicability of CHAMPUS payment rules in certain cases.
Subtitle D—Other Changes to Existing Laws Regarding Health
Care Management
Sec. 731. Investment incentive for managed health care in medical treatment fa-
cilities.
Sec. 732. Revision and codification of limitations on physician payments under
CHAMPUS.
Sec. 733. Personal services contracts for medical treatment facilities of the Coast
Guard.
Sec. 734. Disclosure of information in medicare and medicaid coverage data bank
to improve collection from responsible parties for health care
services furnished under CHAMPUS.
Subtitle E—Other Matters
Sec. 741. TriService nursing research.
Sec. 742. Fisher House trust funds.
Sec. 743. Applicability of limitation on prices of pharmaceuticals procured for
Coast Guard.
Sec. 744. Report on effect of closure of Fitzsimons Army Medical Center, Colo-
rado, on provision of care to military personnel and dependents
experiencing health difficulties associated with Persian Gulf
Syndrome.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Reform
Sec. 801. Waivers from cancellation of funds.
Sec. 802. Procurement notice posting thresholds and subcontracts for ocean trans-
portation services.
Sec. 803. Prompt resolution of audit recommendations.
Sec. 804. Test program for negotiation of comprehensive subcontracting plans.
Sec. 805. Naval salvage facilities.
Sec. 806. Authority to delegate contracting authority.
Sec. 807. Coordination and communication of defense research activities.
Sec. 808. Procurement of items for experimental or test purposes.
Sec. 809. Quality control in procurements of critical aircraft and ship spare
parts.
Sec. 810. Use of funds for acquisition of designs, processes, technical data, and
computer software.
Sec. 811. Independent cost estimates for major defense acquisition programs.
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Sec. 812. Fees for certain testing services.
Sec. 813. Construction, repair, alteration, furnishing, and equipping of naval ves-
sels.
Sec. 814. Civil Reserve Air Fleet.
Sec. 815. Cost and pricing data.
Sec. 816. Procurement notice technical amendments.
Sec. 817. Repeal of duplicative authority for simplified acquisition purchases.
Sec. 818. Micro-purchases without competitive quotations.
Sec. 819. Restriction on reimbursement of costs.
Subtitle B—Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Treatment of Department of Defense cable television franchise agree-
ments.
Sec. 823. Preservation of ammunition industrial base.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Redesignation of the position of Assistant to the Secretary of Defense
for Atomic Energy.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Disbursing and certifying officials.
Sec. 1003. Defense modernization account.
Sec. 1004. Authorization of prior emergency supplemental appropriations for fis-
cal year 1995.
Sec. 1005. Limitation on use of authority to pay for emergency and extraor-
dinary expenses.
Sec. 1006. Transfer authority regarding funds available for foreign currency fluc-
tuations.
Sec. 1007. Report on budget submission regarding reserve components.
Subtitle B—Naval Vessels
Sec. 1011. Iowa class battleships.
Sec. 1012. Transfer of naval vessels to certain foreign countries.
Sec. 1013. Naming amphibious ships.
Subtitle C—Counter-Drug Activities
Sec. 1021. Revision and clarification of authority for Federal support of drug
interdiction and counter-drug activities of the National Guard.
Sec. 1022. National Drug Intelligence Center.
Sec. 1023. Assistance to Customs Service.
Subtitle D—Department of Defense Education Programs
Sec. 1031. Continuation of the Uniformed Services University of the Health
Sciences.
Sec. 1032. Additional graduate schools and programs at the Uniformed Services
University of the Health Sciences.
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Sec. 1033. Funding for basic adult education programs for military personnel
and dependents outside the United States.
Sec. 1034. Scope of education programs of Community College of the Air Force.
Sec. 1035. Date for annual report on Selected Reserve Educational Assistance
Program.
Sec. 1036. Establishment of Junior ROTC units in Indian reservation schools.
Subtitle E—Cooperative Threat Reduction With States of the
Former Soviet Union
Sec. 1041. Cooperative Threat Reduction programs defined.
Sec. 1042. Funding matters.
Sec. 1043. Limitation relating to offensive biological warfare program of Russia.
Sec. 1044. Limitation on use of funds for cooperative threat reduction.
Subtitle F—Matters Relating to Other Nations
Sec. 1051. Cooperative research and development agreements with NATO organi-
zations.
Sec. 1052. National security implications of United States export control policy.
Sec. 1053. Defense export loan guarantees.
Sec. 1054. Landmine clearing assistance program.
Sec. 1055. Strategic cooperation between the United States and Israel.
Sec. 1056. Support services for the Navy at the Port of Haifa, Israel.
Sec. 1057. Prohibition on assistance to terrorist countries.
Sec. 1058. International military education and training.
Sec. 1059. Repeal of limitation regarding American diplomatic facilities in Ger-
many.
Sec. 1060. Implementation of arms control agreements.
Sec. 1061. Sense of Congress on limiting the placing of United States forces under
United Nations command or control.
Sec. 1062. Sense of Senate on protection of United States from ballistic missile
attack.
Sec. 1063. Iran and Iraq arms nonproliferation.
Sec. 1064. Reports on arms export control and military assistance.
Subtitle G—Repeal of Certain Reporting Requirements
Sec. 1071. Reports required by title 10, United States Code.
Sec. 1072. Reports required by title 37, United States Code, and related provi-
sions of defense authorization Acts.
Sec. 1073. Reports required by other defense authorization and appropriations
Acts.
Sec. 1074. Reports required by other national security laws.
Sec. 1075. Reports required by other provisions of the United States Code.
Sec. 1076. Reports required by other provisions of law.
Sec. 1077. Reports required by Joint Committee on Printing.
Subtitle H—Other Matters
Sec. 1081. Global positioning system.
Sec. 1082. Limitation on retirement or dismantlement of strategic nuclear deliv-
ery systems.
Sec. 1083. National Guard civilian youth opportunities pilot program.
Sec. 1084. Report on Department of Defense boards and commissions.
Sec. 1085. Revision of authority for providing Army support for the National
Science Center for Communications and Electronics.
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Sec. 1086. Authority to suspend or terminate collection actions against deceased
members.
Sec. 1087. Damage or loss to personal property due to emergency evacuation or
extraordinary circumstances.
Sec. 1088. Check cashing and exchange transactions for dependents of United
States Government personnel.
Sec. 1089. Travel of disabled veterans on military aircraft.
Sec. 1090. Transportation of crippled children in Pacific Rim region to Hawaii
for medical care.
Sec. 1091. Student information for recruiting purposes.
Sec. 1092. State recognition of military advance medical directives.
Sec. 1093. Report on personnel requirements for control of transfer of certain
weapons.
Sec. 1094. Sense of Senate regarding Ethics Committee investigation.
Sec. 1095. Sense of Senate regarding Federal spending.
Sec. 1096. Associate Director of Central Intelligence for Military Support.
Sec. 1097. Review of national policy on protecting the national information in-
frastructure against strategic attacks.
Sec. 1098. Judicial assistance to the International Tribunal for Yugoslavia and
to the International Tribunal for Rwanda.
Sec. 1099. Landmine use moratorium.
Sec. 1099A. Extension of pilot outreach program.
Sec. 1099B. Sense of Senate on Midway Islands.
Sec. 1099C. Study on chemical weapons stockpile.
Sec. 1099D. Designation of National Maritime Center.
Sec. 1099E. Operational Support Airlift Aircraft Fleet.
Sec. 1099F. Sense of the Senate on Chemical Weapons Convention and START
II Treaty ratification.
TITLE XI—TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1101. Amendments related to Reserve Officer Personnel Management Act.
Sec. 1102. Amendments related to Federal Acquisition Streamlining Act of 1994.
Sec. 1103. Amendments to reflect name change of Committee on Armed Services
of the House of Representatives.
Sec. 1104. Miscellaneous amendments to title 10, United States Code.
Sec. 1105. Miscellaneous amendments to annual defense authorization Acts.
Sec. 1106. Miscellaneous amendments to Federal acquisition laws.
Sec. 1107. Miscellaneous amendments to other laws.
Sec. 1108. Coordination with other amendments.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Reduction in amounts authorized to be appropriated for fiscal year
1992 military construction projects.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
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Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations to clarify
availability of funds for Large Anechoic Chamber, Patuxent
River Naval Warfare Center, Maryland.
Sec. 2206. Authority to carry out land acquisition project, Norfolk Naval Base,
Virginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Reduction in amounts authorized to be appropriated for fiscal year
1992 military construction projects.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out fiscal year 1995 projects.
Sec. 2407. Reduction in amounts authorized to be appropriated for prior year
military construction projects.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal year
1994 Air National Guard projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2704. Effective date.
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TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Special threshold for unspecified minor construction projects to correct
life, health, or safety deficiencies.
Sec. 2802. Clarification of scope of unspecified minor construction authority.
Sec. 2803. Temporary waiver of net floor area limitation for family housing ac-
quired in lieu of construction.
Sec. 2804. Reestablishment of authority to waive net floor area limitation on ac-
quisition by purchase of certain military family housing.
Sec. 2805. Temporary waiver of limitations on space by pay grade for military
family housing units.
Sec. 2806. Increase in number of family housing units subject to foreign country
maximum lease amount.
Sec. 2807. Expansion of authority for limited partnerships for development of
military family housing.
Sec. 2808. Clarification of scope of report requirement on cost increases under
contracts for military family housing construction.
Sec. 2809. Authority to convey damaged or deteriorated military family housing.
Sec. 2810. Energy and water conservation savings for the Department of Defense.
Sec. 2811. Alternative authority for construction and improvement of military
housing.
Sec. 2812. Permanent authority to enter into leases of land for special operations
activities.
Sec. 2813. Authority to use funds for certain educational purposes.
Subtitle B—Defense Base Closure and Realignment
Sec. 2821. In-kind consideration for leases at installations to be closed or re-
aligned.
Sec. 2822. Clarification of authority regarding contracts for community services
at installations being closed.
Sec. 2823. Clarification of funding for environmental restoration at installations
approved for closure or realignment in 1995.
Sec. 2824. Authority to lease property requiring environmental remediation at
installations approved for closure.
Sec. 2825. Final funding for Defense Base Closure and Realignment Commission.
Sec. 2826. Improvment of base closure and realignment process.
Sec. 2827. Exercise of authority delegated by the Administrator of General Serv-
ices.
Sec. 2828. Lease back of property disposed from installations approved for closure
or realignment.
Sec. 2829. Proceeds of leases at installations approved for closure or realignment.
Sec. 2830. Consolidation of disposal of property and facilities at Fort Holabird,
Maryland.
Sec. 2830A. Land conveyance, property underlying Cummins Apartment Com-
plex, Fort Holabird, Maryland.
Sec. 2830B. Interim leases of property approved for closure or realignment.
Sec. 2830C. Sense of the Congress regarding Fitzsimons Army Medical Center,
Colorado.
Subtitle C—Land Conveyances
Sec. 2831. Land acquisition or exchange, Shaw Air Force Base, South Carolina.
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Sec. 2832. Authority for Port Authority of State of Mississippi to use certain
Navy property in Gulfport, Mississippi.
Sec. 2833. Conveyance of resource recovery facility, Fort Dix, New Jersey.
Sec. 2834. Conveyance of water and wastewater treatment plants, Fort Gordon,
Georgia.
Sec. 2835. Conveyance of water treatment plant, Fort Pickett, Virginia.
Sec. 2836. Conveyance of electric power distribution system, Fort Irwin, Califor-
nia.
Sec. 2837. Land exchange, Fort Lewis, Washington.
Sec. 2838. Land conveyance, Naval Surface Warfare Center, Memphis, Tennessee.
Sec. 2839. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
Sec. 2840. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2841. Report on disposal of property, Fort Ord Military Complex, Califor-
nia.
Sec. 2842. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2843. Land conveyance, Army Reserve property, Fort Sheridan, Illinois.
Sec. 2844. Land conveyance, Naval Communications Station, Stockton, Califor-
nia.
Sec. 2845. Land conveyance, William Langer Jewel Bearing Plant, Rolla, North
Dakota.
Sec. 2846. Land exchange, United States Army Reserve Center, Gainesville, Geor-
gia.
Subtitle D—Transfer of Jurisdiction and Establishment of
Midewin National Tallgrass Prairie
Sec. 2851. Short title.
Sec. 2852. Definitions.
Sec. 2853. Establishment of Midewin National Tallgrass Prairie.
Sec. 2854. Transfer of management responsibilities and jurisdiction over Arsenal.
Sec. 2855. Disposal for industrial parks, a county landfill, and a national veter-
ans cemetery and to the Administrator of General Services.
Sec. 2856. Continuation of responsibility and liability of the Secretary of the
Army for environmental cleanup.
Sec. 2857. Degree of environmental cleanup.
Subtitle E—Other Matters
Sec. 2861. Department of Defense laboratory revitalization demonstration pro-
gram.
Sec. 2862. Prohibition on joint civil aviation use of Miramar Naval Air Station,
California.
Sec. 2863. Report on agreement relating to conveyance of land, Fort Belvoir, Vir-
ginia.
Sec. 2864. Residual value report.
Sec. 2865. Renovation of the Pentagon Reservation.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
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Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Payment of penalties assessed against Rocky Flats Site.
Sec. 3106. Standardization of ethics and reporting requirements affecting the De-
partment of Energy with Government-wide standards.
Sec. 3107. Certain environmental restoration requirements.
Sec. 3108. Amending the hydronuclear provisions of this Act.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Tritium production.
Sec. 3132. Fissile materials disposition.
Sec. 3133. Tritium recycling.
Sec. 3134. Manufacturing infrastructure for refabrication and certification of en-
during nuclear weapons stockpile.
Sec. 3135. Hydronuclear experiments.
Sec. 3136. Fellowship program for development of skills critical to the Depart-
ment of Energy nuclear weapons complex.
Sec. 3137. Education program for development of personnel critical to the De-
partment of Energy nuclear weapons complex.
Sec. 3138. Limitation on use of funds for certain research and development pur-
poses.
Sec. 3139. Processing of high level nuclear waste and spent nuclear fuel rods.
Sec. 3140. Department of Energy Declassification Productivity Initiative.
Sec. 3141. Authority to reprogram funds for disposition of certain spent nuclear
fuel.
Sec. 3142. Protection of workers at nuclear weapons facilities.
Subtitle D—Review of Department of Energy National Security
Programs.
Sec. 3151. Review of Department of Energy national security programs.
Subtitle E—Other Matters
Sec. 3161. Responsibility for Defense Programs Emergency Response Program.
Sec. 3162. Requirements for Department of Energy weapons activities budgets for
fiscal years after fiscal year 1996.
Sec. 3163. Report on proposed purchases of tritium from foreign suppliers.
Sec. 3164. Report on hydronuclear testing.
Sec. 3165. Plan for the certification and stewardship of the enduring nuclear
weapons stockpile.
Sec. 3166. Applicability of Atomic Energy Community Act of 1955 to Los Ala-
mos, New Mexico.
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Sec. 3167. Sense of Senate on negotiations regarding shipments of spent nuclear
fuel from naval reactors.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NAVAL PETROLEUM RESERVES
Sec. 3301. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).
Sec. 3302. Future of naval petroleum reserves (other than Naval Petroleum Re-
serve Numbered 1).
TITLE XXXIV—NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Disposal of obsolete and excess materials contained in the National De-
fense Stockpile.
Sec. 3403. Disposal of chromite and manganese ores and chromium ferro and
manganese metal electrolytic.
Sec. 3404. Restrictions on disposal of manganese ferro.
Sec. 3405. Excess defense-related materials: transfer to stockpile and disposal.
TITLE XXXV—PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
DIVISION D—INFORMATION TECHNOLOGY MANAGEMENT
REFORM
Sec. 4001. Short title.
Sec. 4002. Findings.
Sec. 4003. Purposes.
Sec. 4004. Definitions.
Sec. 4005. Applications of exclusions.
TITLE XLI—RESPONSIBILITY FOR ACQUISITIONS OF
INFORMATION TECHNOLOGY
Subtitle A—General Authority
Sec. 4101. Authority of heads of executive agencies.
Sec. 4102. Repeal of central authority of the Administrator of General Services.
Subtitle B—Director of the Office of Management and Budget
Sec. 4121. Responsibility of Director.
Sec. 4122. Capital planning and investment control.
Sec. 4123. Performance-based and results-based management.
Sec. 4124. Integration with information resource management responsibilities.
Subtitle C—Executive Agencies
Sec. 4131. Responsibilities.
Sec. 4132. Capital planning and investment control.
Sec. 4133. Performance and results-based management.
Sec. 4134. Specific authority.
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Sec. 4135. Agency chief information officer.
Sec. 4136. Accountability.
Sec. 4137. Significant failures.
Sec. 4138. Interagency support.
Subtitle D—Chief Information Officers Council
Sec. 4141. Establishment of Chief Information Officers Council.
Subtitle E—Interagency Functional Groups
Sec. 4151. Establishment.
Sec. 4152. Specific functions.
Subtitle F—Other Responsibilities
Sec. 4161. Responsibilities under the Computer Security Act of 1987.
Subtitle G—Sense of Congress
Sec. 4171. Sense of Congress.
TITLE XLII—PROCESS FOR ACQUISITIONS OF
INFORMATION TECHNOLOGY
Subtitle A—Procedures
Sec. 4201. Procurement procedures.
Sec. 4202. Incremental acquisition of information technology.
Sec. 4203. Task and delivery order contracts.
Subtitle B—Acquisition Management
Sec. 4221. Acquisition management team.
Sec. 4222. Oversight of acquisitions.
TITLE XLIII—INFORMATION TECHNOLOGY ACQUISITION
PILOT PROGRAMS
Subtitle A—Conduct of Pilot Programs
Sec. 4301. Authorization to conduct pilot programs.
Sec. 4302. Evaluation criteria and plans.
Sec. 4303. Report.
Sec. 4304. Recommended legislation.
Sec. 4305. Rule of construction.
Subtitle B—Specific Pilot Programs
Sec. 4321. Share-in-savings pilot program.
Sec. 4322. Solutions-based contracting pilot program.
TITLE XLIV—OTHER INFORMATION RESOURCES
MANAGEMENT REFORM
Sec. 4401. On-line multiple award schedule contracting.
Sec. 4402. Disposal of excess computer equipment.
Sec. 4403. Leasing information technology.
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TITLE XLV—PROCUREMENT PROTEST AUTHORITY OF THE
COMPTROLLER GENERAL
Sec. 4501. Period for processing protests.
Sec. 4502. Definition.
Sec. 4503. Exclusivity of administrative remedies.
TITLE XLVI—RELATED TERMINATIONS, CONFORMING
AMENDMENTS, AND CLERICAL AMENDMENTS
Subtitle A—Conforming Amendments
Sec. 4601. Amendments to title 10, United States Code.
Sec. 4602. Amendments to title 28, United States Code.
Sec. 4603. Amendments to title 31, United States Code.
Sec. 4604. Amendments to title 38, United States Code.
Sec. 4605. Provisions of title 44, United States Code, relating to paperwork re-
duction.
Sec. 4606. Amendment to title 49, United States Code.
Sec. 4607. Other laws.
Sec. 4608. Access of certain information in information systems to the directory
and system of access established under section 4101 of title 44,
United States Code.
Sec. 4609. Rule of construction relating to the provisions of title 44, United
States Code.
Subtitle B—Clerical Amendment
Sec. 4621. Amendment to title 38, United States Code.
TITLE XLVII—SAVINGS PROVISIONS
Sec. 4701. Savings provisions.
TITLE XLVIII—EFFECTIVE DATES
Sec. 4801. Effective dates.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on National Security and the
Committee on Appropriations of the House of Rep-
resentatives.
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DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for procurement for the Army as follows:
(1) For aircraft, $1,396,451,000.
(2) For missiles, $894,430,000.
(3) For weapons and tracked combat vehicles,
$1,547,964,000.
(4) For ammunition, $1,120,115,000.
(5) For other procurement, $2,771,101,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1996 for procurement for the Navy
as follows:
(1) For aircraft, $4,916,588,000.
(2) For weapons, including missiles and tor-
pedoes, $1,771,421,000.
(3) 
For 
shipbuilding 
and 
conversion,
$7,111,935,000.
(4) For other procurement, $2,471,861,000.
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(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1996 for procurement for
the Marine Corps in the amount of $683,416,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for procurement for the Air Force as follows:
(1) For aircraft, $6,318,586,000.
(2) For missiles, $3,597,499,000.
(3) For other procurement, $6,546,001,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for Defense-wide procurement in the amount
of $2,118,324,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for procurement of aircraft, vehicles, commu-
nications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $209,400,000.
(2) For the Air National Guard, $137,000,000.
(3) For the Army Reserve, $62,000,000.
(4) For the Naval Reserve, $74,000,000.
(5) For the Air Force Reserve, $240,000,000.
(6) For the Marine Corps Reserve, $55,000,000.
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SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for procurement for the Inspector General of
the Department of Defense in the amount of $1,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1996 the amount of $671,698,000 for—
(1) the destruction of lethal chemical weapons
and munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare material
of the United States that is not covered by section
1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for the Department of Defense for procure-
ment for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount
of $288,033,000.
Subtitle B—Army Programs
SEC. 111. AH–64D LONGBOW APACHE ATTACK HELICOPTER.
The Secretary of the Army may, in accordance with
section 2306b of title 10, United States Code, enter into
multiyear procurement contracts for procurement of AH–
64D Longbow Apache attack helicopters.
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SEC. 112. OH–58D AHIP SCOUT HELICOPTER.
The prohibition in section 133(a)(2) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1383) does not apply to
the obligation of funds in amounts not to exceed
$125,000,000 for the procurement of not more than 20 OH–
58D AHIP Scout aircraft from funds appropriated for fis-
cal year 1996 pursuant to section 101.
SEC. 113. HYDRA 70 ROCKET.
(a) LIMITATION.—Funds appropriated or otherwise
made available for the Department of Defense for fiscal year
1996 may not be obligated to procure Hydra 70 rockets
until the Secretary of the Army submits to Congress a docu-
ment that contains the certifications described in subsection
(b)(1) together with a discussion of the matter described in
subsection (b)(2).
(b) CONTENT OF SUBMISSION.—(1) A document sub-
mitted under subsection (a) satisfies the certification re-
quirements of that subsection if it contains the certifications
of the Secretary that—
(A) the specific technical cause of Hydra 70
Rocket failures has been identified;
(B) the technical corrections necessary for elimi-
nating premature detonations of such rockets have
been validated;
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(C) the total cost of making the necessary correc-
tions on all Hydra 70 rockets that are in the Army
inventory or are being procured under any contract
in effect on the date of the enactment of this Act does
not exceed the amount equal to 15 percent of the non-
recurring costs that would be incurred by the Army
for acquisition of improved rockets, including com-
mercially developed nondevelopmental systems, to re-
place the Hydra 70 rockets; and
(D) a nondevelopmental composite rocket system
has been fully reviewed for, or has received oper-
ational and platform certifications for, full qualifica-
tion of an alternative composite rocket motor and
propellant.
(2) The document shall also contain a discussion of
whether the existence of the system referred to in the certifi-
cation under paragraph (1)(D) will result in—
(A) early and continued availability of training
rockets to meet the requirements of the Army for such
rockets; and
(B) the attainment of competition in future pro-
curements of training rockets to meet such require-
ments.
(c) WAIVER AUTHORITY.—The Secretary of Defense
may waive the requirement in subsection (a) for the Sec-
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retary to submit the document described in that subsection
before procuring Hydra 70 rockets if the Secretary deter-
mines that a delay in procuring the rockets pending compli-
ance with the requirement would result in a significant risk
to the national security of the United States. Any such
waiver may not take effect until the Secretary submits to
Congress a notification of that determination together with
the reasons for the determination.
SEC. 114. REPORT ON AH–64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the
Army shall submit to Congress a report on plans to procure
T700–701C engine upgrade kits for Army AH–64D heli-
copters. The report shall include—
(1) a plan to provide for the upgrade of all
Army AH–64D helicopters with T700–701C engine
kits commencing in fiscal year 1996.
(2) detailed timeline and funding requirements
for the engine upgrade program described in para-
graph (1).
Subtitle C—Navy Programs
SEC. 121. SEAWOLF AND NEW ATTACK SUBMARINE PRO-
GRAMS.
(a) FUNDING.—(1) Of the amount authorized to be ap-
propriated under section 102(a)(3)—
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(A) $1,507,477,000 shall be available for the
final Seawolf attack submarine (SSN–23); and
(B) $814,498,000 shall be available for design
and advance procurement in fiscal year 1996 for the
lead submarine and the second submarine under the
New Attack Submarine program, of which—
(i) $10,000,000 shall be available only for
participation of Newport News Shipbuilding in
the New Attack Submarine design; and
(ii) $100,000,000 shall be available only for
advance procurement and design of the second
submarine under the New Attack Submarine
program.
(2) Of amounts authorized under any provision of law
to be appropriated for procurement for the Navy for fiscal
year 1997 for shipbuilding and conversion, $802,000,000
shall be available for design and advance procurement in
fiscal year 1997 for the lead submarine and the second sub-
marine under the New Attack Submarine program, of
which—
(A) $75,000,000 shall be available only for par-
ticipation by Newport News Shipbuilding in the New
Attack Submarine design; and
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(B) $427,000,000 shall be available only for ad-
vance procurement and design of the second sub-
marine under the New Attack Submarine program.
(3) Of the amount authorized to be appropriated under
section 201(2), $455,398,000 shall be available for research,
development, test, and evaluation for the New Attack Sub-
marine program.
(b) COMPETITION REQUIRED.—Funds referred to in
subsection (c) may not be obligated until the Secretary of
the Navy certifies in writing to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives that—
(1) the Secretary has restructured the New At-
tack Submarine program in accordance with this sec-
tion so as to provide for—
(A) procurement of the lead vessel under the
New Attack Submarine program from the Elec-
tric Boat Division beginning in fiscal year 1998,
if the price offered by Electric Boat Division is
determined by the Secretary as being fair and
reasonable;
(B) procurement of the second vessel under
the New Attack Submarine program from New-
port News Shipbuilding beginning in fiscal year
1999, if the price offered by Newport News Ship-
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building is determined by the Secretary as being
fair and reasonable; and
(C) procurement of other vessels under the
New Attack Submarine program under one or
more contracts that are entered into after com-
petition between potential competitors (as de-
fined in subsection (i)) in which the Secretary
shall solicit competitive proposals and award the
contract or contracts on the basis of price; and
(2) the Secretary has directed, as set forth in de-
tail in such certification, that no action prohibited in
subsection (d) will be taken to impair the design, en-
gineering, 
construction, 
and 
maintenance 
com-
petencies of either Electric Boat Division or Newport
News Shipbuilding to construct the New Attack Sub-
marine.
(c) COVERED FUNDS.—The funds referred to in sub-
section (b) are as follows:
(1) Funds available to the Navy for any fiscal
year after fiscal year 1995 for procurement of the
final Seawolf attack submarine (SSN–23) pursuant
to this Act or any Act enacted after the date of the
enactment of this Act.
(2) Funds available to the Navy for any such fis-
cal year for research, development, test, and evalua-
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tion or for procurement (including design and ad-
vance procurement) for the New Attack Submarine
program pursuant to this Act or any Act enacted
after the date of the enactment of this Act.
(d) LIMITATION ON CERTAIN ACTIONS.—In order to
ensure that Electric Boat Division and Newport News Ship-
building retain the technical competencies to construct the
New Attack Submarine, the following actions are prohib-
ited:
(1) A termination of or failure to extend, except
by reason of a breach of contract by the contractor or
an insufficiency of appropriations—
(A) the existing Planning Yard contract for
the Trident class submarines; or
(B) the existing Planning Yard contract for
the SSN–688 Los Angeles class submarines.
(2) A termination of any existing Lead Design
Yard contract for the SSN–21 Seawolf class sub-
marines or for the SSN–688 Los Angeles class sub-
marines, except by reason of a breach of contract by
the contractor or an insufficiency of appropriations.
(3) A failure of, or refusal by, the Department
of the Navy to permit both Electric Boat Division
and Newport News Shipbuilding to have access to suf-
ficient information concerning the design of the New
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Attack Submarine to ensure that each is capable of
constructing the New Attack Submarine.
(e) LIMITATION
ON EXPENDITURE
OF FUNDS
FOR
SEAWOLF PROGRAM.—Of the funds referred to in subsection
(c)(1)—
(1) not more than $700,000,000 may be ex-
pended in fiscal year 1996;
(2) not more than an additional $200,000,000
may be expended in fiscal year 1997;
(3) not more than an additional $200,000,000
may be expended in fiscal year 1998; and
(4) not more than an additional $407,477,000
may be expended in fiscal year 1999.
(f) LIMITATION ON EXPENDITURE OF FUNDS FOR NEW
ATTACK SUBMARINE PROGRAM.—Funds referred to in sub-
section (c)(2) that are available for the lead and second ves-
sels under the New Attack Submarine program may not
be expended during fiscal year 1996 for the lead vessel
under that program (other than for class design) unless
funds are obligated or expended during such fiscal year for
a contract in support of procurement of the second vessel
under the program.
(g) REPORTS REQUIRED.—Not later than November 1,
1995, and every six months thereafter through November 1,
1998, the Secretary of the Navy shall submit to the Commit-
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tee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report
setting forth the obligations and expenditures of funds for—
(1) the procurement of the final Seawolf attack
submarine (SSN–23); and
(2) research, development, test, and evaluation or
for procurement (including design and advance pro-
curement) for the lead and second vessels under the
New Attack Submarine program.
(h) REFERENCES TO CONTRACTORS.—For purposes of
this section—
(1) the contractor referred to as ‘‘Electric Boat
Division’’ is General Dynamics Corporation Electric
Boat Division; and
(2) the contractor referred to as ‘‘Newport News
Shipbuilding’’ is Newport News Shipbuilding and
Drydock Company.
(i) DEFINITIONS.—In this section:
(1) The term ‘‘potential competitor’’ means any
source to which the Secretary of the Navy has award-
ed, within 10 years before the date of the enactment
of this Act, a contract or contracts to construct one
or more nuclear attack submarines.
(2) The term ‘‘New Attack Submarine’’ means
any submarine planned or programmed by the Navy
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as a class of submarines the lead ship of which is
planned by the Navy, as of the date of the enactment
of this Act, for procurement in fiscal year 1998.
SEC. 122. REPEAL OF PROHIBITION ON BACKFIT OF TRI-
DENT SUBMARINES.
Section 124 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2683)
is repealed.
SEC. 123. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) FIRST INCREMENT FUNDING.—Of the amount au-
thorized to be appropriated under section 102(a)(3),
$650,000,000 shall be available in accordance with section
7315 of title 10, United States Code (as added by section
124), as the first increment of funding for two Arleigh
Burke class destroyers.
(b) FINAL INCREMENT FUNDING.—It is the sense of
Congress that the Secretary of the Navy should plan for and
request the final increment of funding for the two destroyers
for fiscal year 1997 in accordance with section 7315 of title
10, United States Code (as added by section 124).
SEC. 124. SPLIT FUNDING FOR CONSTRUCTION OF NAVAL
VESSELS.
(a) IN GENERAL.—Chapter 633 of title 10, United
States Code is amended by adding at the end the following:
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‘‘§ 7315. Planning for funding construction
‘‘(a) PLANNING FOR SPLIT FUNDING.—The Secretary
of Defense may provide in the future-years defense program
for split funding of construction of new naval vessels satis-
fying the requirements of subsection (d).
‘‘(b) SPLIT FUNDING REQUESTS.—In the case of con-
struction of a new naval vessel satisfying the requirements
of subsection (d), the Secretary of the Navy shall—
‘‘(1) determine the total amount that is nec-
essary for construction of the vessel, including an al-
lowance for future inflation; and
‘‘(2) request funding for construction of the vessel
in two substantially equal increments.
‘‘(c) CONTRACT AUTHORIZED UPON FUNDING
OF
FIRST INCREMENT.—(1) The Secretary of the Navy may
enter into a contract for the construction of a new naval
vessel upon appropriation of a first increment of funding
for construction of the vessel.
‘‘(2) A contract entered into in accordance with para-
graph (1) shall include a liquidated damages clause for any
termination of the contract for the convenience of the Gov-
ernment that occurs before the remainder of the amount nec-
essary for full funding of the contract is appropriated.
‘‘(d) APPLICABILITY.—This section applies to con-
struction of a naval vessel—
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‘‘(1) that is in a class of vessels for which the de-
sign is mature and there is sufficient construction ex-
perience for the costs of construction to be well under-
stood and predictable; and
‘‘(2) for which—
‘‘(A) provision is made in the future-years
defense program; or
‘‘(B) the Chairman of the Joint Chiefs of
Staff, in consultation with the Secretary of the
Navy, has otherwise determined that there is a
valid military requirement.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 633 of such title is amended by
adding at the end the following:
‘‘7315. Planning for funding construction.’’.
SEC. 125. SEAWOLF SUBMARINE PROGRAM.
(a) LIMITATION OF COSTS.—Except as provided in
subsection (b), the total amount obligated or expended for
procurement of the SSN–21, SSN–22, and SSN–23 Seawolf
class submarines may not exceed $7,223,659,000.
(b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—
The amount of the limitation set forth in subsection (a) is
increased after fiscal year 1995 by the following amounts:
(1) The amounts of outfitting costs and post-de-
livery costs incurred for the submarines referred to in
such subsection.
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(2) The amounts of increases in costs attrib-
utable to economic inflation after fiscal year 1995.
(3) The amounts of increases in costs attrib-
utable to compliance with changes in Federal, State,
or local laws enacted after fiscal year 1995.
SEC. 126. CRASH ATTENUATING SEATS ACQUISITION PRO-
GRAM.
(a) PROGRAM AUTHORIZED.—The Secretary of the
Navy may establish a program to procure for, and install
in, H–53E military transport helicopters commercially de-
veloped, energy absorbing, crash attenuating seats that the
Secretary determines are consistent with military specifica-
tions for seats for such helicopters.
(b) FUNDING.—To the extent provided in appropria-
tions Acts, of the unobligated balance of amounts appro-
priated for the Legacy Resource Management Program pur-
suant to the authorization of appropriations in section
301(5) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 108 Stat. 2706), not more
than $10,000,000 shall be available to the Secretary of the
Navy, by transfer to the appropriate accounts, for carrying
out the program authorized in subsection (a).
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Subtitle D—Other Programs
SEC. 131. TIER II PREDATOR UNMANNED AERIAL VEHICLE
PROGRAM.
Funds appropriated or otherwise made available for
the Department of Defense for fiscal year 1996 for procure-
ment or for research, development, test, and evaluation may
not be obligated or expended for the Tier II Predator un-
manned aerial vehicle program.
SEC. 132. PIONEER UNMANNED AERIAL VEHICLE PRO-
GRAM.
Not more than 1⁄6 of the amount appropriated pursu-
ant to this Act for the activities and operations of the Un-
manned Aerial Vehicle Joint Program Office (UAV–JPO),
and none of the unobligated balances of funds appropriated
for fiscal years before fiscal year 1996 for the activities and
operations of such office, may be obligated until the Sec-
retary of the Navy certifies to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives that the nine Pioneer
Unmanned Aerial Vehicle systems have been equipped with
the Common Automatic Landing and Recovery System
(CARS).
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SEC. 133. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM
PROGRAM.
Of the amount authorized to be appropriated under
section 103(1), $54,968,000 shall be available for the Joint
Primary Aircraft Training System program for procure-
ment of up to eight aircraft.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201.
AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,845,097,000.
(2) For the Navy, $8,624,230,000.
(3) For the Air Force, $13,087,389,000.
(4) For Defense-wide activities, $9,533,148,000,
of which—
(A) $239,341,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
(B) $22,587,000 is authorized for the Direc-
tor of Operational Test and Evaluation; and
(C) $475,470,000 is authorized for Other
Theater Missile Defense, of which up to
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$25,000,000 may be made available for the oper-
ation of the Battlefield Integration Center.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR-
ATORY DEVELOPMENT.
(a) FISCAL YEAR 1996.—Of the amounts authorized
to be appropriated by section 201, $4,076,580,000 shall be
available for basic research and exploratory development
projects.
(b) BASIC RESEARCH AND EXPLORATORY DEVELOP-
MENT DEFINED.—For purposes of this section, the term
‘‘basic research and exploratory development’’ means work
funded in program elements for defense research and devel-
opment under Department of Defense category 6.1 or 6.2.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. A/F117X LONG-RANGE, MEDIUM ATTACK AIR-
CRAFT.
Of the amount authorized to be appropriated by sec-
tion 201(2) for the Joint Advanced Strike Technology pro-
gram—
(1) $25,000,000 shall be available for the con-
duct, during fiscal year 1996, of a 6-month program
definition phase for the A/F117X, an F–117 fighter
aircraft modified for use by the Navy as a long-range,
medium attack aircraft; and
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(2) $150,000,000 shall be available for engineer-
ing
and
manufacturing
development
of
the A/
F117X aircraft, except that none of such amount may
be obligated until the Secretary of the Navy, after
considering the results of the program definition
phase, approves proceeding into engineering and
manufacturing development of the A/F117X aircraft.
SEC. 212. NAVY MINE COUNTERMEASURES PROGRAM.
Section 216(a) of the National Defense, Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
105 Stat. 1317) is amended—
(1) by striking out ‘‘Director, Defense Research
and Engineering’’ and inserting in lieu thereof
‘‘Under Secretary of Defense for Acquisition and
Technology’’; and
(2) by striking out ‘‘fiscal years 1995 through
1999’’ and inserting in lieu thereof ‘‘fiscal years 1997
through 1999’’.
SEC. 213. MARINE CORPS SHORE FIRE SUPPORT.
Of the amount appropriated pursuant to section
201(2) for the Tomahawk Baseline Improvement Program,
not more than 50 percent of that amount may be obligated
until the Secretary of the Navy certifies to the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives that the Sec-
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retary has structured, and planned for full funding of, a
program leading to a live-fire test of an Army Extended
Range Multiple Launch Rocket from an Army Multiple
Launch Rocket Launcher on a Navy ship before October 1,
1997.
SEC. 214. SPACE AND MISSILE TRACKING SYSTEM PRO-
GRAM.
(a) DEVELOPMENT
AND DEPLOYMENT PLAN.—The
Secretary of the Air Force shall structure the development
schedule for the Space and Missile Tracking System so as
to achieve a first launch of a user operation evaluation sys-
tem (UOES) satellite in fiscal year 2001, and to attain ini-
tial operational capability (IOC) of a full constellation of
user operation evaluation systems and objective system sat-
ellites in fiscal year 2003.
(b) MANAGEMENT OVERSIGHT.—In exercising the re-
sponsibility for the Space and Missile Tracking System pro-
gram, the Secretary of the Air Force shall first obtain the
concurrence of the Director of the Ballistic Missile Defense
Organization before implementing any decision that would
have any of the following results regarding the program:
(1) A reduction in funds available for obligation
or expenditure for the program for a fiscal year below
the amount specifically authorized and appropriated
for the program for that fiscal year.
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(2) An increase in the total program cost.
(3) A delay in a previously established develop-
ment or deployment schedule.
(4) A modification in the performance param-
eters or specifications.
(c) AUTHORIZATION.—Of the amount authorized to be
appropriated under section 201(3) for fiscal year 1996,
$249,824,000 shall be available for the Space and Missile
Tracking System (SMTS) program.
SEC. 215. PRECISION GUIDED MUNITIONS.
(a) ANALYSIS REQUIRED.—The Secretary of Defense
shall perform an analysis of the full range of precision guid-
ed munitions in production and in research, development,
test, and evaluation in order to determine the following:
(1) The numbers and types of precision guided
munitions that are needed to provide a complemen-
tary capability against each target class.
(2) The feasibility of carrying out joint develop-
ment and procurement of additional munition types
by more than one of the Armed Forces.
(3) The feasibility of integrating a particular
precision guided munition on multiple service plat-
forms.
(4) The economy and effectiveness of continuing
acquisition of—
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(A) interim precision guided munitions; or
(B) precision guided munitions that, as a
result of being procured in decreasing numbers
to meet decreasing quantity requirements, have
increased in cost per unit by more than 50 per-
cent over the cost per unit for such munitions as
of December 1, 1991.
(b) REPORT.—(1) Not later than February 1, 1996,
the Secretary shall submit to Congress a report on the find-
ings and other results of the analysis.
(2) The report shall include a detailed discussion of
the process by which the Department of Defense—
(A) approves the development of new precision
guided munitions;
(B) avoids duplication and redundancy in the
precision guided munitions programs of the Army,
Navy, Air Force, and Marine Corps;
(C) ensures rationality in the relationship be-
tween the funding plans for precision guided muni-
tions modernization for fiscal years following fiscal
year 1996 and the costs of such modernization for
those fiscal years; and
(D) identifies by name and function each person
responsible for approving each new precision guided
munition for initial low-rate production.
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(c) FUNDING LIMITATION.—Funds authorized to be
appropriated by this Act may not be expended for research,
development, test, and evaluation or procurement of interim
precision guided munitions until the Secretary of Defense
submits the report under subsection (b).
(d) INTERIM
PRECISION
GUIDED
MUNITION
DE-
FINED.—For purposes of paragraph (1), a precision guided
munition is an interim precision guided munition if the
munition is being procured in fiscal year 1996, but funding
is not proposed for additional procurement of the munition
in the fiscal years after fiscal year 1996 in the future years
defense program submitted to Congress in 1995 under sec-
tion 221(a) of title 10, United States Code.
SEC. 216. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) AGENCY FUNDING.—Of the amounts authorized to
be appropriated to the Department of Defense in section
201, $252,900,000 shall be available for the Defense Nuclear
Agency.
(b) TUNNEL CHARACTERIZATION AND NEUTRALIZA-
TION PROGRAM.—Of the amount available under subsection
(a), $3,000,000 shall be available for a tunnel characteriza-
tion and neutralization program to be managed by the De-
fense Nuclear Agency as part of the counterproliferation ac-
tivities of the Department of Defense.
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(c) LONG-TERM RADIATION TOLERANT MICROELEC-
TRONICS PROGRAM.—(1) Of the amount available under
subsection (a), $6,000,000 shall be available for the estab-
lishment of a long-term radiation tolerant microelectronics
program to be managed by the Defense Nuclear Agency for
the purposes of—
(A) providing for the development of affordable
and effective hardening technologies and for incorpo-
ration of such technologies into systems;
(B) sustaining the supporting industrial base;
and
(C) ensuring that a use of a nuclear weapon in
regional threat scenarios does not interrupt or defeat
the continued operability of systems of the Armed
Forces exposed to the combined effects of radiation
emitted by the weapon.
(2) Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to
Congress a report on how the long-term radiation tolerant
microelectronics program is to be conducted and funded in
the fiscal years after fiscal year 1996 that are covered by
the future-years defense program submitted to Congress in
1995.
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(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this subsection
may not exceed $50,000,000.
(3) The authority provided by this subsection to trans-
fer authorizations—
(A) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
(B) may not be used to provide authority for an
item that has been denied authorization by Congress.
(4) A transfer made from one account to another under
the authority of this subsection shall be deemed to increase
the amount authorized for the account to which the amount
is transferred by an amount equal to the amount trans-
ferred.
(5) The Secretary of Defense shall promptly notify
Congress of transfers made under the authority of this sub-
section.
SEC. 218. NONLETHAL WEAPONS PROGRAM.
(a) ESTABLISHMENT OF PROGRAM OFFICE.—The Sec-
retary of Defense shall establish in the Office of the Under
Secretary of Defense for Acquisition and Technology a Pro-
gram Office for Nonlethal Systems and Technologies to con-
duct research, development, testing, and evaluation of
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nonlethal weapons applicable to forces engaged in both tra-
ditional and nontraditional military operations.
(b) FUNDING.—Of the amount authorized to be appro-
priated under section 201(4), $37,200,000 shall be available
for the Program Office for Nonlethal Systems and Tech-
nologies.
SEC. 219. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) CENTERS COVERED.—Funds appropriated or oth-
erwise made available for the Department of Defense for fis-
cal year 1996 pursuant to an authorization of appropria-
tions in section 201 may be obligated to procure work from
a federally funded research and development center only in
the case of a center named in the report required by sub-
section (b) and, in the case of such a center, only in an
amount not in excess of the amount of the proposed funding
level set forth for that center in such report.
(b) REPORT ON ALLOCATIONS FOR CENTERS.—(1) Not
later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives a report
containing—
(A) the name of each federally funded research
and development center from which work is proposed
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to be procured for the Department of Defense for fiscal
year 1996; and
(B) for each such center, the proposed funding
level and the estimated personnel level for fiscal year
1996.
(2) The total of the proposed funding levels set forth
in the report for all federally funded research and develop-
ment centers may not exceed the amount set forth in sub-
section (d).
(c) LIMITATION PENDING SUBMISSION OF REPORT.—
No funds appropriated or otherwise made available for the
Department of Defense for fiscal year 1996 may be obligated
to procure work from a federally funded research and devel-
opment center until the Secretary of Defense submits the
report required by subsection (b).
(d) FUNDING.—Of the amounts authorized to be ap-
propriated by section 201, not more than a total of
$1,162,650,000 may be obligated to procure services from
the federally funded research and development centers
named in the report required by subsection (b).
(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—
The Secretary of Defense may waive the limitation regard-
ing the maximum funding amount that applies under sub-
section (a) to a federally funded research and development
center. Whenever the Secretary proposes to make such a
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waiver, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives notice of
the proposed waiver and the reasons for the waiver. The
waiver may then be made only after the end of the 60-day
period that begins on the date on which the notice is submit-
ted to those committees, unless the Secretary determines that
it is essential to the national security that funds be obli-
gated for work at that center in excess of that limitation
before the end of such period and notifies the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives of that de-
termination and the reasons for the determination.
(f) UNDISTRIBUTED REDUCTION.—The total amount
authorized to be appropriated for research, development,
test, and evaluation in section 201 is hereby reduced by
$90,000,000.
SEC. 220. STATES ELIGIBLE FOR ASSISTANCE UNDER DE-
FENSE EXPERIMENTAL PROGRAM TO STIMU-
LATE COMPETITIVE RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National
Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 108 Stat. 2705; 10 U.S.C. 2358 note) is
amended to read as follows:
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‘‘(A) the amount of all Department of Defense
obligations for science and engineering research and
development that were in effect with institutions of
higher education in the State for the fiscal year pre-
ceding the fiscal year for which the designation is ef-
fective or for the last fiscal year for which statistics
are available is less than the amount determined by
multiplying 60 percent times 1⁄50 of the total amount
of all Department of Defense obligations for science
and engineering research and development that were
in effect with institutions of higher education in the
United States for such preceding or last fiscal year,
as the case may be (to be determined in consultation
with the Secretary of Defense);’’.
SEC. 221. NATIONAL DEFENSE TECHNOLOGY AND INDUS-
TRIAL BASE, DEFENSE REINVESTMENT, AND
CONVERSION.
(a) REPEAL OF CERTAIN AUTHORITIES AND REQUIRE-
MENTS.—Chapter 148 of title 10, United States Code, is
amended—
(1) in section 2491—
(A) by striking out paragraphs (12), (13),
(14), and (15); and
(B) by redesignating paragraph (16) as
paragraph (12);
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(2) in section 2501—
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as sub-
section (b); and
(3) by striking out sections 2512, 2513, 2516,
2520, 2523, and 2524.
(b) CRITERIA FOR SELECTION OF DEFENSE ADVANCED
MANUFACTURING
TECHNOLOGY
PARTNERSHIPS.—Sub-
section (d) of section 2522 of such title is amended to read
as follows:
‘‘(d) SELECTION CRITERIA.—The criteria for the selec-
tion of proposed partnerships for establishment under this
section shall be the criteria specified in section 2511(f) of
this title.’’.
(c) CONFORMING AMENDMENTS.—(1) Section 2516(b)
of such title is amended—
(A) by inserting ‘‘and’’ at the end of paragraph
(2);
(B) by striking out ‘‘; and’’ at the end of para-
graph (3) and inserting in lieu thereof a period; and
(C) by striking out paragraph (4).
(2) Section 2524 of such title is amended—
(A) in subsection (a), by striking out ‘‘and the
defense reinvestment, diversification, and conversion
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program objectives set forth in section 2501(b) of this
title’’; and
(B) in subsection (f), by striking out ‘‘and the
reinvestment, diversification, and conversion program
objectives set forth in section 2501(b) of this title’’.
(d) CLERICAL AMENDMENTS.—(1) The table of sections
at the beginning of subchapter III of chapter 148 of title
10, United States Code, is amended by striking out the
items relating to sections 2512, 2513, 2516, and 2520.
(2) The table of sections at the beginning of subchapter
IV of such chapter is amended by striking out the items
relating to sections 2523 and 2524.
SEC. 222. REVISIONS OF MANUFACTURING SCIENCE AND
TECHNOLOGY PROGRAM.
(a) PARTICIPATION OF DOD LABORATORIES IN ESTAB-
LISHMENT OF PROGRAM.—Subsection (a) of section 2525
of title 10, United States Code, is amended by inserting
after the first sentence the following: ‘‘The Secretary shall
use the manufacturing science and technology joint plan-
ning process of the directors of the Department of Defense
laboratories in establishing the program.’’.
(b) PARTICIPATION OF EQUIPMENT MANUFACTURERS
IN PROJECTS.—Subsection (c) of such section is amended—
(1) by inserting ‘‘(1)’’ after
‘‘(c) EXECUTION.—’’; and
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(2) by adding at the end the following:
‘‘(2) The Secretary shall seek, to the extent practicable,
the participation of manufacturers of manufacturing equip-
ment in the projects under the program.’’.
SEC. 223. PREPAREDNESS OF THE DEPARTMENT OF DE-
FENSE TO RESPOND TO MILITARY AND CIVIL
DEFENSE EMERGENCIES RESULTING FROM A
CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR
NUCLEAR ATTACK.
(a) REPORT.—Not later than February 28, 1996, the
Secretary of Defense and the Secretary of Energy, in con-
sultation with the Director of the Federal Emergency Man-
agement Agency, shall jointly submit to Congress a report
on the plans and programs of the Department of Defense
to prepare for and respond to military and civil defense
emergencies resulting from a chemical, biological, radiologi-
cal, or nuclear attack on the United States.
(b) CONTENT OF REPORT.—The report shall contain
the following:
(1) A discussion of—
(A) the consequences of an attack for which
the Department of Defense has a responsibility to
provide a primary response; and
(B) the plans and programs for preparing
for and providing that response.
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(2) A discussion of—
(A) the consequences of an attack for which
the Department of Defense has a responsibility to
provide a supporting response; and
(B) the plans and programs for preparing
for and providing that response.
(3) Any actions and recommended legislation
that the Secretary considers necessary for improving
the preparedness of the Department of Defense to re-
spond effectively to the consequences of a chemical, bi-
ological, radiological, or nuclear attack on the United
States.
SEC. 224. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC
NETWORK.
To the extent provided in appropriations Acts,
$9,500,000 of the unobligated balance of funds available to
the Air Force for research, development, test, and evaluation
for fiscal year 1995 shall be available for continuation of
the Joint Seismic Program and Global Seismic Network.
SEC. 225. DEPRESSED ALTITUDE GUIDED GUN ROUND SYS-
TEM.
Of the amount authorized to be appropriated under
section 201(1), $5,000,000 is authorized to be appropriated
for continued development of the depressed altitude guided
gun round system.
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SEC. 226. ARMY ECHELON ABOVE CORPS COMMUNICA-
TIONS.
Of the amount authorized to be appropriated under
section 201(3), $40,000,000 is hereby transferred to the au-
thorization of appropriations under section 101(5) for pro-
curement of communications equipment for Army echelons
above corps.
SEC. 227. TESTING OF THEATER MISSILE DEFENSE INTER-
CEPTORS.
(a) The Secretary of Defense may not approve a thea-
ter missile defense interceptor program proceeding beyond
the low-rate initial production acquisition stage until the
Secretary certifies to the congressional defense committees
that such program has successfully completed initial oper-
ational test and evaluation, and is found to be a suitable
and effective system.
(b) In order to be certified under subsection (a) as hav-
ing been successfully completed, the initial operational test
and evaluation conducted with respect to an interceptor
program must have included flight tests—
(1) that were conducted with multiple intercep-
tors and multiple targets in the presence of realistic
countermeasures; and
(2) the results of which demonstrate the achieve-
ment by the interceptors of the baseline performance
thresholds.
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(c) For purposes of this section, the baseline perform-
ance thresholds with respect to a program are the weapons
systems performance thresholds specified in the baseline de-
scription for the system established (pursuant to section
2435(a)(1) of title 10, United States Code) before the pro-
gram entered the engineering and manufacturing develop-
ment stage.
(d) The number of flight tests described in subsection
(b) that are required in order to make the certification
under subsection (a) shall be a number determined by the
Director of Operational Test and Evaluation to be sufficient
for the purposes of this section.
(e) The Secretary may augment flight testing to dem-
onstrate weapons system performance goals for purposes of
the certification under subsection (a) through the use of
modeling and simulation that is validated by ground and
flight testing.
(f) The Director of Operational Test and Evaluation
and Ballistic Missile Defense Organization shall include in
their annual reports to Congress plans to adequately test
theater missile defense interceptor programs throughout the
acquisition process. As these theater missile defense systems
progress through the acquisition process, the Director of
Operational Test and Evaluation and Ballistic Missile De-
fense Organization shall include in their annual reports to
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Congress an assessment of how these programs satisfy
planned test objectives.
Subtitle C—Missile Defense
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘‘Missile Defense Act
of 1995’’.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The threat that is posed to the national secu-
rity of the United States by the proliferation of ballis-
tic and cruise missiles is significant and growing,
both quantitatively and qualitatively.
(2) The deployment of effective Theater Missile
Defense systems can deny potential adversaries the
option of escalating a conflict by threatening or at-
tacking United States forces, coalition partners of the
United States, or allies of the United States with bal-
listic missiles armed with weapons of mass destruc-
tion to offset the operational and technical advantages
of the United States and its coalition partners and
allies.
(3) The intelligence community of the United
States has estimated that (A) the missile proliferation
trend is toward longer range and more sophisticated
ballistic missiles, (B) North Korea may deploy an
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intercontinental ballistic missile capable of reaching
Alaska or beyond within 5 years, and (C) although a
new indigenously developed ballistic missile threat to
the continental United States is not forecast within
the next 10 years there is a danger that determined
countries will acquire intercontinental ballistic mis-
siles in the near future and with little warning by
means other than indigenous development.
(4) The deployment by the United States and its
allies of effective defenses against ballistic missiles of
all ranges, as well as against cruise missiles, can re-
duce the incentives for countries to acquire such mis-
siles or to augment existing missile capabilities.
(5) The Cold War distinction between strategic
ballistic missiles and nonstrategic ballistic missiles
and, therefore, the ABM Treaty’s distinction between
strategic defense and nonstrategic defense, has
changed because of technological advancements and
should be reviewed.
(6) The concept of mutual assured destruction,
which was one of the major philosophical rationales
for the ABM Treaty, is now questionable as a basis
for stability in a multipolar world in which the Unit-
ed States and the states of the former Soviet Union
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are seeking to normalize relations and eliminate Cold
War attitudes and arrangements.
(7) Theater and national missile defenses can
contribute to the maintenance of stability as missile
threats proliferate and as the United States and the
former Soviet Union significantly reduce the number
of strategic nuclear forces in their respective inven-
tories.
(8) Although technology control regimes and
other forms of international arms control can contrib-
ute to nonproliferation, such measures alone are inad-
equate for dealing with missile proliferation, and
should not be viewed as alternatives to missile de-
fenses and other active and passive defenses.
(9) Due to limitations in the ABM Treaty which
preclude deployment of more than 100 ground-based
ABM interceptors at a single site, the United States
is currently prohibited from deploying a national
missile defense system capable of defending the con-
tinental United States, Alaska, and Hawaii against
even the most limited ballistic missile attacks.
SEC. 233. MISSILE DEFENSE POLICY.
It is the policy of the United States to—
(1) deploy as soon as possible affordable and
operationally effective theater missile defenses capable
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of countering existing and emerging theater ballistic
missiles;
(2)(A) develop for deployment a multiple-site na-
tional missile defense system that: (i) is affordable
and operationally effective against limited, acciden-
tal, and unauthorized ballistic missile attacks on the
territory of the United States, and (ii) can be aug-
mented over time as the threat changes to provide a
layered defense against limited, accidental, or unau-
thorized ballistic missile threats;
(B) initiate negotiations with the Russian Fed-
eration as necessary to provide for the national mis-
sile defense systems specified in section 235; and
(C) consider, if those negotiations fail, the option
of withdrawing from the ABM Treaty in accordance
with the provisions of Article XV of the Treaty, sub-
ject to consultations between the President and the
Senate;
(3) ensure congressional review, prior to a deci-
sion to deploy the system developed for deployment
under paragraph (2), of: (A) the affordability and
operational effectiveness of such a system; (B) the
threat to be countered by such a system; and (C)
ABM Treaty considerations with respect to such a
system.
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(4) improve existing cruise missile defenses and
deploy as soon as practical defenses that are afford-
able and operationally effective against advanced
cruise missiles;
(5) pursue a focused research and development
program to provide follow-on ballistic missile defense
options;
(6) employ streamlined acquisition procedures to
lower the cost and accelerate the pace of developing
and deploying theater missile defenses, cruise missile
defenses, and national missile defenses;
(7) seek a cooperative transition to a regime that
does not feature mutual assured destruction and an
offense-only form of deterrence as the basis for strate-
gic stability; and
(8) carry out the policies, programs, and require-
ments of subtitle C of title II of this Act through proc-
esses specified within, or consistent with, the ABM
Treaty, which anticipates the need and provides the
means for amendment to the Treaty.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) ESTABLISHMENT OF CORE PROGRAM.—To imple-
ment the policy established in section 233, the Secretary
of Defense shall establish a top priority core theater missile
defense program consisting of the following systems:
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(1) The Patriot PAC–3 system, with a first unit
equipped (FUE) in fiscal year 1998.
(2) The Navy Lower Tier (Area) system, with a
user operational evaluation system (UOES) capabil-
ity in fiscal year 1997 and an initial operational ca-
pability (IOC) in fiscal year 1999.
(3) The Theater High-Altitude Area Defense
(THAAD) system, with a user operational evaluation
system (UOES) capability in fiscal year 1997 and an
initial operational capability (IOC) no later than fis-
cal year 2002.
(4) The Navy Upper Tier (Theater Wide) system,
with a user operational evaluation system (UOES)
capability in fiscal year 1999 and an initial oper-
ational capability (IOC) in fiscal year 2001.
(b) INTEROPERABILITY AND SUPPORT OF CORE SYS-
TEMS.—To maximize effectiveness and flexibility, the Sec-
retary of Defense shall ensure that core theater missile de-
fense systems are interoperable and fully capable of exploit-
ing external sensor and battle management support from
systems such as the Navy’s Cooperative Engagement Capa-
bility (CEC), the Army’s Battlefield Integration Center
(BIC), air and space-based sensors including, in particular,
the Space and Missile Tracking System (SMTS).
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(c) TERMINATION OF PROGRAMS.—The Secretary of
Defense shall terminate the Boost Phase Interceptor (BPI)
program.
(d) FOLLOW-ON SYSTEMS.—(1) The Secretary of De-
fense shall develop an affordable development plan for fol-
low-on theater missile defense systems which leverages exist-
ing systems, technologies, and programs, and focuses invest-
ments to satisfy military requirements not met by the core
program.
(2) Before adding new theater missile defense systems
to the core program from among the follow-on activities,
the Secretary of Defense shall submit to the congressional
defense committees a report describing—
(A) the requirements for the program and the
specific threats to be countered;
(B) how the new program will relate to, support,
and leverage off existing core programs;
(C) the planned acquisition strategy; and
(D) a preliminary estimate of total program cost
and budgetary impact.
(e) REPORT.—(1) Not later than the date on which the
President submits the budget for fiscal year 1997 under sec-
tion 1105 of title 31, United States Code, the Secretary of
Defense shall submit to the congressional defense committees
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a report detailing the Secretary’s plans for implementing
the guidance specified in this section.
(2) For each deployment date for each system described
in subsection (a), the report required by paragraph (1) of
this subsection shall include the funding required for re-
search, development, testing, evaluation, and deployment
for each fiscal year beginning with fiscal year 1997 through
the end of the fiscal year in which deployment is projected
under subsection (a).
SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITEC-
TURE.
(a) IN GENERAL.—To implement the policy established
in section 233, the Secretary of Defense shall develop an
affordable and operationally effective national missile de-
fense system to counter a limited, accidental, or unauthor-
ized ballistic missile attack, and which is capable of attain-
ing initial operational capability (IOC) by the end of 2003.
Such system shall include the following:
(1) Ground-based interceptors capable of being
deployed at multiple sites, the locations and numbers
of which are to be determined so as to optimize the
defensive coverage of the continental United States,
Alaska, and Hawaii against limited, accidental, or
unauthorized ballistic missile attacks.
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(2) Fixed ground-based radars and space-based
sensors, including the Space and Missile Tracking
system, the mix, siting and numbers of which are to
be determined so as to optimize sensor support and
minimize total system cost.
(3) Battle management, command, control, and
communications (BM/C3).
(b) INTERIM OPERATIONAL CAPABILITY.—To provide
a hedge against the emergence of near-term ballistic missile
threats against the United States and to support the devel-
opment and deployment of the objective system specified in
subsection (a), the Secretary of Defense shall develop an in-
terim national missile defense plan that would give the
United States the ability to field a limited operational ca-
pability by the end of 1999 if required by the threat. In
developing this plan the Secretary shall make use of—
(1) developmental, or user operational evaluation
system (UOES) interceptors, radars, and battle man-
agement, command, control, and communications
(BM/C3), to the extent that such use directly supports,
and does not significantly increase the cost of, the ob-
jective system specified in subsection (a);
(2) one or more of the sites that will be used as
deployment locations for the objective system specified
in subsection (a);
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(3) upgraded early warning radars; and
(4) space-based sensors.
(c) USE
OF
STREAMLINED
ACQUISITION
PROCE-
DURES.—The Secretary of Defense shall prescribe and use
streamlined acquisition procedures to—
(1) reduce the cost and increase the efficiency of
developing the national missile defense system speci-
fied in subsection (a); and
(2) ensure that any interim national missile de-
fense capabilities developed pursuant to subsection (b)
are operationally effective and on a path to fulfill the
technical requirements and schedule of the objective
system.
(d) ADDITIONAL COST SAVING MEASURES.—In addi-
tion to the procedures prescribed pursuant to subsection (c),
the Secretary of Defense shall employ cost saving measures
that do not decrease the operational effectiveness of the sys-
tems specified in subsections (a) and (b), and which do not
pose unacceptable technical risk. The cost saving measures
should include the following:
(1) The use of existing facilities and infrastruc-
ture.
(2) The use, where appropriate, of existing or
upgraded systems and technologies, except that Min-
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uteman boosters may not be used as part of a Na-
tional Missile Defense architecture.
(3) Development of systems and components that
do not rely on a large and permanent infrastructure
and are easily transported, emplaced, and moved.
(e) REPORT ON PLAN FOR DEPLOYMENT.—Not later
than the date on which the President submits the budget
for fiscal year 1997 under section 1105 of title 31, United
States Code, the Secretary of Defense shall submit to the
congressional defense committees a report containing the
following matters:
(1) The Secretary’s plan for carrying out this
section.
(2) For each deployment date in subsections (a)
and (b), the report shall include the funding required
for research, development, testing, evaluation, and de-
ployment for each fiscal year beginning with fiscal
year 1997 through the end of the fiscal year in which
deployment is projected under subsection (a) or (b).
The report shall also describe the specific threat to be
countered and provide the Secretary’s assessment as
to whether deployment is affordable and operationally
effective.
(3) An analysis of options for supplementing or
modifying the national missile defense architecture
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specified in subsection (a) before attaining initial
operational capability, or evolving such architecture
in a building block manner after attaining initial
operational capability, to improve the cost-effective-
ness or the operational effectiveness of such system by
adding one or a combination of the following:
(A) Additional ground-based interceptors at
existing or new sites.
(B) Sea-based missile defense systems.
(C) Space-based kinetic energy interceptors.
(D) Space-based directed energy systems.
SEC. 236. CRUISE MISSILE DEFENSE INITIATIVE.
(a) IN GENERAL.—The Secretary of Defense shall un-
dertake an initiative to coordinate and strengthen the cruise
missile defense programs, projects, and activities of the
military departments, the Advanced Research Projects
Agency and the Ballistic Missile Defense Organization to
ensure that the United States develops and deploys afford-
able and operationally effective defenses against existing
and future cruise missile threats.
(b) ACTIONS OF THE SECRETARY OF DEFENSE.—In
carrying out subsection (a), the Secretary of Defense shall
ensure that—
(1) to the extent practicable, the ballistic missile
defense and cruise missile defense efforts of the De-
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partment of Defense are coordinated and mutually re-
inforcing;
(2) existing air defense systems are adequately
upgraded to provide an affordable and operationally
effective defense against existing and near-term cruise
missile threats; and
(3) the Department of Defense undertakes a high
priority and well coordinated technology development
program to support the future deployment of systems
that are affordable and operationally effective against
advanced cruise missiles, including cruise missiles
with low observable features.
(c) IMPLEMENTATION PLAN.—Not later than the date
on which the President submits the budget for fiscal year
1997 under section 1105 of title 31, United States Code,
the Secretary of Defense shall submit to the congressional
defense committees a detailed plan, in unclassified and clas-
sified forms, as necessary, for carrying out this section. The
plan shall include an assessment of—
(1) the systems that currently have cruise missile
defense capabilities, and existing programs to im-
prove these capabilities;
(2) the technologies that could be deployed in the
near- to mid-term to provide significant advances
over existing cruise missile defense capabilities, and
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the investments that would be required to ready the
technologies for deployment;
(3) the cost and operational tradeoffs, if any, be-
tween upgrading existing air and missile defense sys-
tems and accelerating follow-on systems with signifi-
cantly improved capabilities against advanced cruise
missiles; and
(4) the organizational and management changes
that would strengthen and further coordinate the
cruise missile defense efforts of the Department of De-
fense, including the disadvantages, if any, of imple-
menting such changes.
SEC. 237. POLICY REGARDING THE ABM TREATY.
(a) Congress makes the following findings:
(1) Article XIII of the ABM Treaty envisions
‘‘possible changes in the strategic situation which
have a bearing on the provisions of this treaty’’.
(2) Articles XIII and XIV of the ABM Treaty es-
tablish means for the Parties to amend the Treaty,
and the Parties have employed these means to amend
the Treaty.
(3) Article XV of the ABM Treaty establishes the
means for a party to withdraw from the Treaty, upon
6 months notice, ‘‘if it decides that extraordinary
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events related to the subject matter of this treaty have
jeopardized its supreme interests’’.
(4) The policies, programs, and requirements of
subtitle C of title II of this Act can be accomplished
through processes specified within, or consistent with,
the ABM Treaty, which anticipates the need and pro-
vides the means for amendment to the Treaty.
(b) SENSE OF CONGRESS.—In light of the findings and
policies provided in this subtitle, it is the sense of Congress
that—
(1) Given the fundamental responsibility of the
Government of the United States to protect the secu-
rity of the United States, the increasingly serious
threat posed to the United States by the proliferation
of weapons of mass destruction and ballistic missile
technology, and the effect this threat could have on the
options of the United States to act in a time of cri-
sis—
(A) it is in the vital national security inter-
est of the United States to defend itself from the
threat of a limited, accidental, or unauthorized
ballistic missile attack, whatever its source; and
(B) the deployment of a national missile de-
fense system, in accord with section 233, to pro-
tect the territory of the United States against a
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limited, accidental, or unauthorized missile at-
tack can strengthen strategic stability and deter-
rence; and
(2)(A) the Senate should undertake a comprehen-
sive review of the continuing value and validity of the
ABM Treaty with the intent of providing additional
policy guidance on the future of the ABM Treaty dur-
ing the second session of the One Hundred Fourth
Congress; and
(B) upon completion of the review, the Commit-
tee on Foreign Relations, in consultation with the
Committee on Armed Services and other appropriate
committees, should report its findings to the Senate.
SEC. 238. PROHIBITION ON FUNDS TO IMPLEMENT AN
INTERNATIONAL AGREEMENT CONCERNING
THEATER MISSILE DEFENSE SYSTEMS.
(a) FINDINGS.—Congress makes the following findings:
(1) Section 234 of the National Defense Author-
ization Act for Fiscal Year 1994 provides that the
ABM Treaty does not apply to or limit research, de-
velopment, testing, or deployment of missile defense
systems, system upgrades, or system components that
are designed to counter modern theater ballistic mis-
siles, regardless of the capabilities of such missiles,
unless those systems, system upgrades, or system com-
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ponents are tested against or have demonstrated capa-
bilities to counter modern strategic ballistic missiles.
(2) Section 232 of the National Defense Author-
ization Act for Fiscal Year 1995 provides that the
United States shall not be bound by any inter-
national agreement that would substantially modify
the ABM Treaty unless the agreement is entered into
pursuant to the treaty making power of the President
under the Constitution.
(3) the demarcation standard described in sub-
section (b)(1) is based upon current technology.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) unless a missile defense system, system up-
grade, or system component, including one that ex-
ploits data from space-based or other external sensors,
is flight tested against a ballistic missile target that
exceeds a range of 3,500 kilometers or a velocity of 5
kilometers per second, such missile defense system,
system upgrade, or system component has not been
tested in an ABM mode nor deemed to have been
given capabilities to counter strategic ballistic mis-
siles, and
(2) any international agreement that would
limit the research, development, testing, or deploy-
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ment of missile defense systems, system upgrades, or
system components that are designed to counter mod-
ern theater ballistic missiles in a manner that would
be more restrictive than the criteria in paragraph (1)
should be entered into only pursuant to the treaty
making powers of the President under the Constitu-
tion.
(c) PROHIBITION ON FUNDING.—Funds appropriated
or otherwise made available to the Department of Defense
for fiscal year 1996 may not be obligated or expended to
implement an agreement with any of the independent states
of the former Soviet Union entered into after January 1,
1995 that would establish a demarcation between theater
missile defense systems and anti-ballistic missile systems for
purposes of the ABM Treaty or that would restrict the per-
formance, operation, or deployment of United States theater
missile defense systems except: (1) to the extent provided
in an Act enacted subsequent to this Act; (2) to implement
that portion of any such agreement that implements the cri-
teria in subsection (b)(1); or (3) to implement any such
agreement that is entered into pursuant to the treaty mak-
ing power of the President under the Constitution.
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SEC. 239. BALLISTIC MISSILE DEFENSE PROGRAM ELE-
MENTS.
(a) ELEMENTS SPECIFIED.—In the budget justifica-
tion materials submitted to Congress in support of the De-
partment of Defense budget for any fiscal year after fiscal
year 1996 (as submitted in the budget of the President
under section 1105(a) of title 31, United States Code), the
amount requested for activities of the Ballistic Missile De-
fense Organization shall be set forth in accordance with the
following program elements:
(1) The Patriot system.
(2) The Navy Lower Tier (Area) system.
(3) The Theater High-Altitude Area Defense
(THAAD) system.
(4) The Navy Upper Tier (Theater Wide) system.
(5) Other Theater Missile Defense Activities.
(6) National Missile Defense.
(7) Follow-On and Support Technologies.
(b) TREATMENT OF NON-CORE TMD IN OTHER THEA-
TER MISSILE DEFENSE ACTIVITIES ELEMENT.—Funding
for theater missile defense programs, projects, and activities,
other than core theater missile defense programs, shall be
covered in the ‘‘Other Theater Missile Defense Activities’’
program element.
(c) TREATMENT
OF CORE THEATER MISSILE DE-
FENSE PROGRAMS.—Funding for core theater missile de-
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fense programs specified in section 234, shall be covered in
individual, dedicated program elements and shall be avail-
able only for activities covered by those program elements.
(d) BM/C3I PROGRAMS.—Funding for programs,
projects, and activities involving battle management, com-
mand, control, communications, and intelligence (BM/C3I)
shall be covered in the ‘‘Other Theater Missile Defense Ac-
tivities’’ program element or the ‘‘National Missile Defense’’
program element, as determined on the basis of the primary
objectives involved.
(e) MANAGEMENT AND SUPPORT.—Each program ele-
ment shall include requests for the amounts necessary for
the management and support of the programs, projects, and
activities contained in that program element.
SEC. 240. ABM TREATY DEFINED.
For purposes of this subtitle, the term ‘‘ABM Treaty’’
means the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the Limita-
tion of Anti-Ballistic Missiles, signed at Moscow on May
26, 1972, and includes the Protocols to that Treaty, signed
at Moscow on July 3, 1974.
SEC. 241. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) The Missile Defense Act of 1991 (part C of
title II of Public Law 102–190; 10 U.S.C. 2431 note).
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(2) Section 237 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160).
(3) Section 242 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160).
(4) Section 222 of the Department of Defense
Authorization Act, 1986 (Public Law 99–145; 99
Stat. 613; 10 U.S.C. 2431 note).
(5) Section 225 of the Department of Defense
Authorization Act, 1986 (Public Law 99–145; 99
Stat. 614).
(6) Section 226 of the National Defense Author-
ization Act for Fiscal Years 1988 and 1989 (Public
Law 100–180; 101 Stat. 1057; 10 U.S.C. 2431 note).
(7) Section 8123 of the Department of Defense
Appropriations Act, 1989 (Public Law 100–463; 102
Stat. 2270–40).
(8) Section 8133 of the Department of Defense
Appropriations Act, 1992 (Public Law 102–172; 105
Stat. 1211).
(9) Section 234 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160; 107 Stat. 1595; 10 U.S.C. 2431 note).
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(10) Section 235 of the National Defense Author-
ization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat. 2701; 10 U.S.C. 221 note).
SEC. 242. SENSE OF SENATE ON THE DIRECTOR OF OPER-
ATIONAL TEST AND EVALUATION.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) The Office of the Director of Operational Test
and Evaluation of the Department of Defense was cre-
ated by Congress to provide an independent valida-
tion and verification on the suitability and effective-
ness of new weapons, and to ensure that the United
States military departments acquire weapons that are
proven in an operational environment before they are
produced and used in combat.
(2) The office is currently making significant
contributions to the process by which the Department
of Defense acquires new weapons by providing vital
insights on operational weapons tests to be used in
this acquisition process.
(3) The office provides vital services to Congress
in providing an independent certification on the per-
formance of new weapons that have been operation-
ally tested.
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(4) A provision of H.R.1530, an Act entitled
‘‘An Act to authorize appropriations for fiscal year
1996 for military activities of the Department of De-
fense, for military construction, and for defense ac-
tivities of the Department of Energy, to prescribe per-
sonnel strengths for such fiscal year for the Armed
Forces, and for other purposes’’, agreed to by the
House of Representatives on June 15, 1995, contains
a provision that could substantially diminish the au-
thority and responsibilities of the office and perhaps
cause the elimination of the office and its functions.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the authority and responsibilities of the Of-
fice of the Director of Operational Test and Evalua-
tion of the Department of Defense should not be di-
minished or eliminated; and
(2) the conferees on H.R.1530, an Act entitled
‘‘An Act to authorize appropriations for fiscal year
1996 for military activities of the Department of De-
fense, for military construction, and for defense ac-
tivities of the Department of Energy, to prescribe per-
sonnel strengths for such fiscal year for the Armed
Forces, and for other purposes’’ should not propose to
Congress a conference report on that Act that would
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either diminish or eliminate the Office of the Director
of Operational Test and Evaluation or its functions.
SEC. 243. BALLISTIC MISSILE DEFENSE TECHNOLOGY CEN-
TER.
(a) ESTABLISHMENT.—The Director of the Ballistic
Missile Defense Organization shall establish a Ballistic Mis-
sile Defense Technology Center within the Space and Stra-
tegic Defense Command of the Army.
(b) MISSION.—The missions of the Center are as fol-
lows:
(1) To maximize common application of ballistic
missile defense component technology programs, target
test programs, functional analysis and phenomenol-
ogy investigations.
(2) To store data from the missile defense tech-
nology programs of the Armed Forces using computer
facilities of the Missile Defense Data Center.
(c) TECHNOLOGY
PROGRAM
COORDINATION
WITH
CENTER.—The Secretary of Defense, acting through the Di-
rector of the Ballistic Missile Defense Organization, shall
require the head of each element or activity of the Depart-
ment of Defense beginning a new missile defense program
referred to in subsection (b)(1) to first coordinate the pro-
gram with the Ballistic Missile Defense Technology Center
in order to prevent duplication of effort.
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TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows:
(1) For the Army, $18,073,206,000.
(2) For the Navy, $21,343,960,000.
(3) For the Marine Corps, $2,405,711,000.
(4) For the Air Force, $18,224,893,000.
(5) For Defense-wide activities, $10,021,162,000.
(6) For the Army Reserve, $1,062,591,000.
(7) For the Naval Reserve, $840,842,000.
(8) For the Marine Corps Reserve, $90,283,000.
(9) For the Air Force Reserve, $1,482,947,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,304,108,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,734,221,000.
(12) 
For 
the 
Defense 
Inspector 
General,
$138,226,000.
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(13) For the United States Court of Appeals for
the Armed Forces, $6,521,000.
(14) For Environmental Restoration, Defense,
$1,601,800,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $680,432,000.
(16) 
For 
Medical 
Programs, 
Defense,
$9,943,825,000.
(17) For support for the 1996 Summer Olym-
pics, $15,000,000.
(18) For Cooperative Threat Reduction pro-
grams, $365,000,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $60,000,000.
The amount authorized to be appropriated by section
301(5) is hereby reduced by $40,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Business Operations Fund,
$878,700,000.
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(2) For the National Defense Sealift Fund,
$1,084,220,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
(a) AUTHORIZATION OF APPROPRIATIONS TO TRUST
FUND.—There is hereby authorized to be appropriated to
the Armed Forces Retirement Home Trust Fund the sum
of $45,000,000, to remain available until expended.
(b) AUTHORIZATION
OF
APPROPRIATIONS
FROM
TRUST FUND.—There is hereby authorized to be appro-
priated for fiscal year 1996 from the Armed Forces Retire-
ment Home Trust Fund the sum of $59,120,000 for the op-
eration of the Armed Forces Retirement Home, including
the United States Soldiers’ and Airmen’s Home and the
Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-
PILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in
appropriations Acts, not more than $150,000,000 is author-
ized to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts
for fiscal year 1996 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
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amount of the reduction shall be allocated among funds au-
thorized to be appropriated for Air Force personnel sup-
porting the Civil Air Patrol and for Air Force operation
and maintenance support for the Civil Air Patrol.
Subtitle B—Depot-Level
Maintenance and Repair
SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE AND REPAIR FOR THE
DEPARTMENT OF DEFENSE.
(a) REQUIREMENT
FOR
POLICY.—Not later than
March 31, 1996, the Secretary of Defense shall develop and
report to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a comprehensive policy on the performance
of depot-level maintenance and repair for the Department
of Defense.
(b) PRIMARY OBJECTIVE OF POLICY.—In developing
the policy, it shall be the primary objective of the Secretary
to ensure a ready and controlled source of technical com-
petence and repair and maintenance capabilities necessary
for national security across a full range of current and pro-
jected training and operational requirements, including re-
quirements in peacetime, contingency operations, mobiliza-
tion, and other emergencies.
(c) CONTENT OF POLICY.—The policy shall—
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(1) define, in terms of the requirements of the
Department of Defense for performance of mainte-
nance and repair, the purpose for having public de-
pots for performing those functions;
(2) provide for performance of core depot-level
maintenance and repair capabilities in facilities
owned and operated by the United States;
(3) provide for the core capabilities to include
sufficient skilled personnel, equipment, and facilities
to achieve the objective set forth in subsection (b);
(4) address environmental liability;
(5) in the case of depot-level maintenance and
repair workloads in excess of the workload required to
be performed by Department of Defense depots, pro-
vide for competition for those workloads between pub-
lic and private entities when there is sufficient poten-
tial for realizing cost savings based on adequate pri-
vate sector competition and technical capabilities;
(6) provide for selection on the basis of merit
whenever the workload of a Department of Defense
depot is changed;
(7) provide transition provisions appropriate for
persons in the Department of Defense depot-level
workforce; and
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(8) address issues concerning exchange of tech-
nical data between the Federal Government and the
private sector, environmental liability, efficient and
effective performance of depot functions, and adverse
effects of the policy on the Federal Government work
force.
(d) CONSIDERATION.—In developing the policy, the
Secretary shall take into consideration the capabilities of
the public depots and the capabilities of businesses in the
private sector to perform the maintenance and repair work
required by the Department of Defense.
(e) REPEAL OF 60/40 REQUIREMENT AND REQUIRE-
MENT RELATING TO COMPETITION.—(1) Sections 2466 and
2469 of title 10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter
146 of such title is amended by striking out the items relat-
ing to sections 2466 and 2469.
(3) The amendments made by paragraphs (1) and (2)
shall take effect on the date (after the date of the enactment
of this Act) on which legislation is enacted that contains
a provision that specifically states one of the following:
(A) ‘‘The policy on the performance of depot-level
maintenance and repair for the Department of De-
fense that was submitted by the Secretary of Defense
to the Committee on Armed Services of the Senate
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and the Committee on National Security of the House
of Representatives pursuant to section 311 of the Na-
tional Defense Authorization Act for Fiscal Year 1996
is approved.’’; or
(B) ‘‘The policy on the performance of depot-level
maintenance and repair for the Department of De-
fense that was submitted by the Secretary of Defense
to the Committee on Armed Services of the Senate
and the Committee on National Security of the House
of Representatives pursuant to section 311 of the Na-
tional Defense Authorization Act for Fiscal Year 1996
is approved with the following modifications:’’ (with
the modifications being stated in matter appearing
after the colon).
(f) REVIEW BY THE GENERAL ACCOUNTING OFFICE.—
(1) The Secretary shall make available to the Comptroller
General of the United States all information used by the
Department in developing the policy under subsections (a)
through (d) of this section.
(2) Not later than 45 days after the Secretary submits
to Congress the report required by subsection (a), the Comp-
troller General shall transmit to Congress a report contain-
ing a detailed analysis of the Secretary’s proposed policy
as reported under subsection (a).
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SEC. 312. EXTENSION OF AUTHORITY FOR AVIATION DE-
POTS AND NAVAL SHIPYARDS TO ENGAGE IN
DEFENSE-RELATED PRODUCTION AND SERV-
ICES.
Section 1425(e) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1684), as amended by section 370(b) of Public Law 103–
160 (107 Stat. 1634) and section 386(b) of Public Law 103–
337 (108 Stat. 2742), is further amended by striking out
‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1996’’.
Subtitle C—Environmental
Provisions
SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS
FOR SERVICES UNDER ENVIRONMENTAL RES-
TORATION PROGRAM.
(a) REQUIREMENTS.—(1) Section 2701(d) of title 10,
United States Code, is amended to read as follows:
‘‘(d) SERVICES OF OTHER AGENCIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary may enter into agreements on a reimburs-
able or other basis with any other Federal agency, or
with any State or local government agency, to obtain
the services of the agency to assist the Secretary in
carrying out any of the Secretary’s responsibilities
under this section. Services which may be obtained
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under this subsection include the identification, inves-
tigation, and cleanup of any off-site contamination
resulting from the release of a hazardous substance or
waste at a facility under the Secretary’s jurisdiction.
‘‘(2) LIMITATION
ON
REIMBURSABLE
AGREE-
MENTS.—An agreement with an agency under para-
graph (1) may provide for reimbursement of the agen-
cy only for technical or scientific services obtained
from the agency.’’.
(2)(A) Except as provided in subparagraph (B), the
total amount of funds available for reimbursements under
agreements entered into under section 2710(d) of title 10,
United States Code, as amended by paragraph (1), in fiscal
year 1996 may not exceed $5,000,000.
(B) The Secretary of Defense may pay in fiscal year
1996 an amount for reimbursements under agreements re-
ferred to in subparagraph (A) in excess of the amount speci-
fied in that subparagraph for that fiscal year if—
(i) the Secretary certifies to Congress that the
payment of the amount under this subparagraph is
essential for the management of the Defense Environ-
mental Restoration Program under chapter 160 of
title 10, United States Code; and
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(ii) a period of 60 days has expired after the
date on which the certification is received by Con-
gress.
(b) REPORT ON SERVICES OBTAINED.—The Secretary
of Defense shall include in the report submitted to Congress
with respect to fiscal year 1998 under section 2706(a) of
title 10, United States Code, information on the services,
if any, obtained by the Secretary during fiscal year 1996
pursuant to each agreement on a reimbursable basis entered
into with a State or local government agency under section
2701(d) of title 10, United States Code, as amended by sub-
section (a). The information shall include a description of
the services obtained under each agreement and the amount
of the reimbursement provided for the services.
SEC. 322. DISCHARGES FROM VESSELS OF THE ARMED
FORCES.
(a) PURPOSES.—The purposes of this section are to—
(1) enhance the operational flexibility of vessels
of the Armed Forces domestically and internationally;
(2) stimulate the development of innovative ves-
sel pollution control technology; and
(3) advance the development by the United
States Navy of environmentally sound ships.
(b) UNIFORM NATIONAL DISCHARGE STANDARDS DE-
VELOPMENT.—Section 312 of the Federal Water Pollution
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Control Act (33 U.S.C. 1322) is amended by adding at the
end the following:
‘‘(n) UNIFORM NATIONAL DISCHARGE STANDARDS
FOR VESSELS OF THE ARMED FORCES.—
‘‘(1) 
APPLICABILITY.—This 
subsection 
shall
apply to vessels of the Armed Forces and discharges,
other than sewage, incidental to the normal operation
of a vessel of the Armed Forces, unless the Secretary
of Defense finds that compliance with this subsection
would not be in the national security interests of the
United States.
‘‘(2) DETERMINATION OF DISCHARGES REQUIRED
TO BE CONTROLLED BY MARINE POLLUTION CONTROL
DEVICES.—
‘‘(A) IN GENERAL.—The Administrator and
the Secretary of Defense, after consultation with
the Secretary of the department in which the
Coast Guard is operating, the Secretary of Com-
merce, and interested States, shall jointly deter-
mine the discharges incidental to the normal op-
eration of a vessel of the Armed Forces for which
it is reasonable and practicable to require use of
a marine pollution control device to mitigate ad-
verse impacts on the marine environment. Not-
withstanding subsection (a)(1) of section 553 of
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title 5, United States Code, the Administrator
and the Secretary of Defense shall promulgate
the determinations in accordance with the sec-
tion.
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Ad-
ministrator and the Secretary of Defense shall
take into consideration—
‘‘(i) the nature of the discharge;
‘‘(ii) the environmental effects of the
discharge;
‘‘(iii) the practicability of using the
marine pollution control device;
‘‘(iv) the effect that installation or use
of the marine pollution control device would
have on the operation or operational capa-
bility of the vessel;
‘‘(v) applicable United States law;
‘‘(vi) applicable international stand-
ards; and
‘‘(vii) the economic costs of the instal-
lation and use of the marine pollution con-
trol device.
‘‘(3) PERFORMANCE
STANDARDS
FOR
MARINE
POLLUTION CONTROL DEVICES.—
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‘‘(A) IN GENERAL.—For each discharge for
which a marine pollution control device is deter-
mined to be required under paragraph (2), the
Administrator and the Secretary of Defense, in
consultation with the Secretary of the depart-
ment in which the Coast Guard is operating, the
Secretary of State, the Secretary of Commerce,
other interested Federal agencies, and interested
States, shall jointly promulgate Federal stand-
ards of performance for each marine pollution
control device required with respect to the dis-
charge. Notwithstanding subsection (a)(1) of sec-
tion 553 of title 5, United States Code, the Ad-
ministrator and the Secretary of Defense shall
promulgate the standards in accordance with the
section.
‘‘(B) CONSIDERATIONS.—In promulgating
standards under this paragraph, the Adminis-
trator and the Secretary of Defense shall take
into consideration the matters set forth in para-
graph (2)(B).
‘‘(C) CLASSES, TYPES, AND SIZES OF VES-
SELS.—The standards promulgated under this
paragraph may—
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‘‘(i) distinguish among classes, types,
and sizes of vessels;
‘‘(ii) distinguish between new and ex-
isting vessels; and
‘‘(iii) provide for a waiver of the ap-
plicability of the standards as necessary or
appropriate to a particular class, type, age,
or size of vessel.
‘‘(4) REGULATIONS FOR USE OF MARINE POLLU-
TION CONTROL DEVICES.—The Secretary of Defense,
after consultation with the Administrator and the
Secretary of the department in which the Coast
Guard is operating, shall promulgate such regulations
governing the design, construction, installation, and
use of marine pollution control devices on board ves-
sels of the Armed Forces as are necessary to achieve
the standards promulgated under paragraph (3).
‘‘(5) DEADLINES; EFFECTIVE DATE.—
‘‘(A) 
DETERMINATIONS.—The 
Adminis-
trator and the Secretary of Defense shall—
‘‘(i) make the initial determinations
under paragraph (2) not later than 2 years
after the date of enactment of this sub-
section; and
‘‘(ii) every 5 years—
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‘‘(I) review the determinations;
and
‘‘(II) if necessary, revise the deter-
minations based on significant new in-
formation.
‘‘(B) STANDARDS.—The Administrator and
the Secretary of Defense shall—
‘‘(i) promulgate standards of perform-
ance for a marine pollution control device
under paragraph (3) not later than 2 years
after the date of a determination under
paragraph (2) that the marine pollution
control device is required; and
‘‘(ii) every 5 years—
‘‘(I) review the standards; and
‘‘(II) if necessary, revise the
standards, consistent with paragraph
(3)(B) and based on significant new
information.
‘‘(C) REGULATIONS.—The Secretary of De-
fense shall promulgate regulations with respect to
a marine pollution control device under para-
graph (4) as soon as practicable after the Ad-
ministrator and the Secretary of Defense pro-
mulgate standards with respect to the device
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under paragraph (3), but not later than 1 year
after the Administrator and the Secretary of De-
fense promulgate the standards. The regulations
promulgated by the Secretary of Defense under
paragraph (4) shall become effective upon pro-
mulgation unless another effective date is speci-
fied in the regulations.
‘‘(D) PETITION
FOR
REVIEW.—The Gov-
ernor of any State may submit a petition re-
questing that the Secretary of Defense and the
Administrator review a determination under
paragraph (2) or a standard under paragraph
(3), if there is significant new information, not
considered previously, that could reasonably re-
sult in a change to the particular determination
or standard after consideration of the matters set
forth in paragraph (2)(B). The petition shall be
accompanied by the scientific and technical in-
formation on which the petition is based. The
Administrator and the Secretary of Defense shall
grant or deny the petition not later than 2 years
after the date of receipt of the petition.
‘‘(6) EFFECT ON OTHER LAWS.—
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‘‘(A) PROHIBITION
ON
REGULATION
BY
STATES
OR
POLITICAL
SUBDIVISIONS
OF
STATES.—Beginning on the effective date of—
‘‘(i) a determination under paragraph
(2) that it is not reasonable and practicable
to require use of a marine pollution control
device regarding a particular discharge in-
cidental to the normal operation of a vessel
of the Armed Forces; or
‘‘(ii) regulations promulgated by the
Secretary of Defense under paragraph (4);
except as provided in paragraph (7), neither a
State nor a political subdivision of a State may
adopt or enforce any statute or regulation of the
State or political subdivision with respect to the
discharge or the design, construction, installa-
tion, or use of any marine pollution control de-
vice required to control the discharge.
‘‘(B) 
FEDERAL
LAWS.—This 
subsection
shall not affect the application of section 311 to
discharges incidental to the normal operation of
a vessel.
‘‘(7) ESTABLISHMENT OF STATE NO-DISCHARGE
ZONES.—
‘‘(A) STATE PROHIBITION.—
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‘‘(i) IN GENERAL.—After the effective
date of—
‘‘(I) a determination under para-
graph (2) that it is not reasonable and
practicable to require use of a marine
pollution control device regarding a
particular discharge incidental to the
normal operation of a vessel of the
Armed Forces; or
‘‘(II) regulations promulgated by
the Secretary of Defense under para-
graph (4);
if a State determines that the protection
and enhancement of the quality of some or
all of the waters within the State require
greater environmental protection, the State
may prohibit 1 or more discharges inciden-
tal to the normal operation of a vessel,
whether treated or not treated, into the wa-
ters. No prohibition shall apply until the
Administrator makes the determinations de-
scribed in subclauses (II) and (III) of sub-
paragraph (B)(i).
‘‘(ii) DOCUMENTATION.—To the extent
that a prohibition under this paragraph
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would apply to vessels of the Armed Forces
and not to other types of vessels, the State
shall document the technical or environ-
mental basis for the distinction.
‘‘(B) 
PROHIBITION
BY
THE
ADMINIS-
TRATOR.—
‘‘(i) IN GENERAL.—Upon application
of a State, the Administrator shall by regu-
lation prohibit the discharge from a vessel
of 1 or more discharges incidental to the
normal operation of a vessel, whether treat-
ed or not treated, into the waters covered by
the application if the Administrator deter-
mines that—
‘‘(I) the protection and enhance-
ment of the quality of the specified wa-
ters within the State require a prohibi-
tion of the discharge into the waters;
‘‘(II) adequate facilities for the
safe and sanitary removal of the dis-
charge incidental to the normal oper-
ation of a vessel are reasonably avail-
able for the waters to which the prohi-
bition would apply; and
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‘‘(III) the prohibition will not
have 
the 
effect 
of 
discriminating
against a vessel of the Armed Forces by
reason of the ownership or operation
by the Federal Government, or the
military function, of the vessel.
‘‘(ii) APPROVAL
OR
DISAPPROVAL.—
The Administrator shall approve or dis-
approve an application submitted under
clause (i) not later than 90 days after the
date on which the application is submitted
to 
the 
Administrator. 
Notwithstanding
clause (i)(II), the Administrator shall not
disapprove an application for the sole rea-
son that there are not adequate facilities to
remove any discharge incidental to the nor-
mal operation of a vessel from vessels of the
Armed Forces.
‘‘(C) APPLICABILITY TO FOREIGN FLAGGED
VESSELS.—A prohibition under this para-
graph—
‘‘(i) shall not impose any design, con-
struction, manning, or equipment standard
on a foreign flagged vessel engaged in inno-
cent passage unless the prohibition imple-
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ments a generally accepted international
rule or standard; and
‘‘(ii) that relates to the prevention, re-
duction, and control of pollution shall not
apply to a foreign flagged vessel engaged in
transit passage unless the prohibition im-
plements an applicable international regu-
lation regarding the discharge of oil, oily
waste, or any other noxious substance into
the waters.
‘‘(8) PROHIBITION
RELATING
TO
VESSELS
OF
THE ARMED FORCES.—After the effective date of the
regulations promulgated by the Secretary of Defense
under paragraph (4), it shall be unlawful for any ves-
sel of the Armed Forces subject to the regulations to—
‘‘(A) operate in the navigable waters of the
United States or the waters of the contiguous
zone, if the vessel is not equipped with any re-
quired marine pollution control device meeting
standards established under this subsection; or
‘‘(B) discharge overboard any discharge in-
cidental to the normal operation of a vessel in
waters with respect to which a prohibition on the
discharge has been established under paragraph
(7).
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‘‘(9) ENFORCEMENT.—This subsection shall be
enforceable, as provided in subsections (j) and (k),
against any agency of the United States responsible
for vessels of the Armed Forces notwithstanding any
immunity asserted by the agency.’’.
(c) CONFORMING AMENDMENTS.—
(1) DEFINITIONS.—Section 312(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)) is
amended—
(A) in paragraph (8)—
(i) by striking ‘‘or’’; and
(ii) by inserting ‘‘or agency of the
United States’’ after ‘‘association,’’;
(B) in paragraph (11), by striking the pe-
riod at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(12) ‘discharge incidental to the normal oper-
ation of a vessel’—
‘‘(A) means a discharge, including—
‘‘(i) graywater, bilge water, cooling
water, weather deck runoff, ballast water,
oil water separator effluent, and any other
pollutant discharge from the operation of a
marine propulsion system, shipboard ma-
neuvering system, crew habitability system,
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or installed major equipment, such as an
aircraft carrier elevator or a catapult, or
from a protective, preservative, or absorp-
tive application to the hull of the vessel; and
‘‘(ii) a discharge in connection with
the testing, maintenance, and repair of a
system described in clause (i) whenever the
vessel is waterborne; and
‘‘(B) does not include—
‘‘(i) a discharge of rubbish, trash, gar-
bage, or other such material discharged
overboard;
‘‘(ii) an air emission resulting from
the operation of a vessel propulsion system,
motor driven equipment, or incinerator; or
‘‘(iii) a discharge that is not covered
by part 122.3 of title 40, Code of Federal
Regulations (as in effect on the date of en-
actment of subsection (n));
‘‘(13) ‘marine pollution control device’ means
any equipment or management practice, for installa-
tion or use on board a vessel of the Armed Forces,
that is—
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‘‘(A) designed to receive, retain, treat, con-
trol, or discharge a discharge incidental to the
normal operation of a vessel; and
‘‘(B) determined by the Administrator and
the Secretary of Defense to be the most effective
equipment or management practice to reduce the
environmental impacts of the discharge consist-
ent with the considerations set forth in sub-
section (n)(2)(B); and
‘‘(14) ‘vessel of the Armed Forces’ means—
‘‘(A) any vessel owned or operated by the
Department of Defense, other than a time or voy-
age chartered vessel; and
‘‘(B) any vessel owned or operated by the
Department of Transportation that is designated
by the Secretary of the department in which the
Coast Guard is operating as a vessel equivalent
to a vessel described in subparagraph (A).’’.
(2) ENFORCEMENT.—The first sentence of section
312(j) of the Federal Water Pollution Control Act (33
U.S.C. 1322(j)) is amended—
(A) by striking ‘‘of this section or’’ and in-
serting a comma; and
(B) by striking ‘‘of this section shall’’ and
inserting ‘‘, or subsection (n)(8) shall’’.
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(3) OTHER DEFINITIONS.—Subparagraph (A) of
the second sentence of section 502(6) of the Federal
Water Pollution Control Act (33 U.S.C. 1362(6)) is
amended by striking ‘‘ ‘sewage from vessels’ ’’ and in-
serting ‘‘sewage from vessels or a discharge incidental
to the normal operation of a vessel of the Armed
Forces’’.
(d) COOPERATION IN STANDARDS DEVELOPMENT.—
The Administrator of the Environmental Protection Agency
and the Secretary of Defense may, by mutual agreement,
with or without reimbursement, provide for the use of infor-
mation, reports, personnel, or other resources of the Envi-
ronmental Protection Agency or the Department of Defense
to carry out section 312(n) of the Federal Water Pollution
Control Act (as added by subsection (b)), including the use
of the resources to—
(1) determine—
(A) the nature and environmental effect of
discharges incidental to the normal operation of
a vessel of the Armed Forces;
(B) the practicability of using marine pol-
lution control devices on vessels of the Armed
Forces; and
(C) the effect that installation or use of ma-
rine pollution control devices on vessels of the
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Armed Forces would have on the operation or
operational capability of the vessels; and
(2) establish performance standards for marine
pollution control devices on vessels of the Armed
Forces.
SEC. 323. REVISION OF AUTHORITIES RELATING TO RES-
TORATION ADVISORY BOARDS.
(a) REGULATIONS.—Paragraph (2) of subsection (d)
of section 2705 of title 10, United States Code, is amended
to read as follows:
‘‘(2)(A) The Secretary shall prescribe regulations re-
garding the establishment of restoration advisory boards
pursuant to this subsection.
‘‘(B) The regulations shall set forth the following mat-
ters:
‘‘(i) The functions of the boards.
‘‘(ii) Funding for the boards.
‘‘(iii) Accountability of the boards for expendi-
tures of funds.
‘‘(iv) The routine administrative expenses that
may be paid pursuant to paragraph (3).
‘‘(C) The issuance of regulations under subparagraph
(A) shall not be a precondition to the establishment of res-
toration advisory boards under this subsection.’’.
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(b) FUNDING
FOR
ADMINISTRATIVE
EXPENSES.—
Paragraph (3) of such subsection is amended to read as fol-
lows:
‘‘(3) The Secretary may authorize the commander of
an installation to pay routine administrative expenses of
a restoration advisory board established for that installa-
tion. Such payments shall be made from funds available
under subsection (g).’’.
(c) TECHNICAL ASSISTANCE.—Such section is further
amended by striking out subsection (e) and inserting in lieu
thereof the following new subsection (e):
‘‘(e) TECHNICAL ASSISTANCE.—(1) The Secretary may
authorize the commander of an installation, upon the re-
quest of the technical review committee or restoration advi-
sory board for the installation, to obtain for the committee
or advisory board, as the case may be, from private sector
sources technical assistance for interpreting scientific and
engineering issues with regard to the nature of environ-
mental hazards at the installation and the restoration ac-
tivities proposed for or conducted at the installation. The
commander of an installation shall use funds made avail-
able under subsection (g) for obtaining assistance under this
paragraph.
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‘‘(2) The commander of an installation may obtain
technical assistance under paragraph (1) for a technical re-
view committee or restoration advisory board only if—
‘‘(A) the technical review committee or restora-
tion advisory board demonstrates that the Federal,
State, and local agencies responsible for overseeing en-
vironmental restoration at the installation, and avail-
able Department of Defense personnel, do not have the
technical expertise necessary for achieving the objec-
tive for which the technical assistance is to be ob-
tained;
‘‘(B) the technical assistance is likely to contrib-
ute to the efficiency, effectiveness, or timeliness of en-
vironmental restoration activities at the installation;
and
‘‘(C) the technical assistance is likely to contrib-
ute to community acceptance of environmental res-
toration activities at the installation.’’.
(d) FUNDING.—(1) Such section is further amended by
adding at the end the following:
‘‘(g) FUNDING.—The Secretary shall, to the extent pro-
vided in appropriations Acts, make funds available under
subsections (d)(3) and (e)(1) using funds in the following
accounts:
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‘‘(1) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100–526; 10 U.S.C. 2687 note).
‘‘(2) 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).
‘‘(3) Section 2687 of this title.’’.
(f) REPORTS ON ACTIVITIES OF TECHNICAL REVIEW
COMMITTEES AND RESTORATION ADVISORY BOARDS.—Sec-
tion 2706(a)(2) of title 10, United States Code, is amended
by adding at the end the following:
‘‘(J) A statement of the activities, if any, of the
technical review committee or restoration advisory
board established for the installation under section
2705 of this title during the preceding fiscal year.’’.
Subtitle D—Civilian Employees
SEC. 331. MINIMUM NUMBER OF MILITARY RESERVE TECH-
NICIANS.
For each of fiscal years 1996 and 1997, the minimum
number of personnel employed as military reserve techni-
cians (as defined in section 8401(30) of title 5, United
States Code) for reserve components as of the last day of
such fiscal year shall be as follows:
(1) For the Army National Guard, 25,750.
(2) For the Army Reserve, 7,000.
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(3) For the Air National Guard, 23,250.
(4) For the Air Force Reserve, 10,000.
SEC. 332. EXEMPTION OF DEPARTMENT OF DEFENSE FROM
PERSONNEL CEILINGS FOR CIVILIAN PER-
SONNEL.
Section 129 of title 10, United States Code, is amend-
ed—
(1) in subsection (a), by striking out ‘‘man-year
constraint or limitation’’ and inserting in lieu thereof
‘‘constraint or limitation in terms of man years, end
strength, full-time equivalent (FTE) employees, or
maximum number of employees’’; and
(2) in subsection (b)(2), by striking out ‘‘any
end-strength’’ and inserting in lieu thereof ‘‘any con-
straint or limitation in terms of man years, end
strength, full-time equivalent (FTE) employees, or
maximum number of employees’’.
SEC. 333. WEARING OF UNIFORM BY NATIONAL GUARD
TECHNICIANS.
(a) REQUIREMENT.—Section 709(b) of title 32, United
States Code, is amended to read as follows:
‘‘(b) Except as prescribed by the Secretary concerned,
a technician employed under subsection (a) shall, while so
employed—
‘‘(1) be a member of the National Guard;
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‘‘(2) hold the military grade specified by the Sec-
retary concerned for that position; and
‘‘(3) wear the uniform appropriate for the mem-
ber’s grade and component of the armed forces while
performing duties as a technician.’’.
(b) UNIFORM ALLOWANCES FOR OFFICERS.—Section
417 of title 37, United States Code, is amended by adding
at the end the following:
‘‘(d)(1) For purposes of sections 415 and 416 of this
title, a period for which an officer of an armed force, while
employed as a National Guard technician, is required to
wear a uniform under section 709(b) of title 32 shall be
treated as a period of active duty (other than for training).
‘‘(2) A uniform allowance may not be paid, and uni-
forms may not be furnished, to an officer under section 1593
of title 10 or section 5901 of title 5 for a period of employ-
ment referred to in paragraph (1) for which an officer is
paid a uniform allowance under section 415 or 416 of this
title.’’.
(c) CLOTHING OR ALLOWANCES FOR ENLISTED MEM-
BERS.—Section 418 of title 37, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘The President’’;
and
(2) by adding at the end the following:
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‘‘(b) In determining the quantity and kind of clothing
or allowances to be furnished pursuant to regulations pre-
scribed under this section to persons employed as National
Guard technicians under section 709 of title 32, the Presi-
dent shall take into account the requirement under sub-
section (b) of such section for such persons to wear a uni-
form.
‘‘(c) A uniform allowance may not be paid, and uni-
forms may not be furnished, under section 1593 of title 10
or section 5901 of title 5 to a person referred to in sub-
section (b) for a period of employment referred to in that
subsection for which a uniform allowance is paid under sec-
tion 415 or 416 of this title.’’.
SEC. 334. EXTENSION OF TEMPORARY AUTHORITY TO PAY
CIVILIAN EMPLOYEES WITH RESPECT TO THE
EVACUATION FROM GUANTANAMO, CUBA.
(a) EXTENSION FOR 120 Days.—The authority pro-
vided in section 103 of Public Law 104–6 (109 Stat.79)
shall be effective until the end of January 31, 1996.
(b) MONTHLY REPORT.—On the first day of each
month, the Secretary of the Navy shall transmit to the Com-
mittee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a re-
port regarding the employees being paid pursuant to section
103 of Public Law 104–6. The report shall include the num-
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ber of the employees, their positions of employment, the
number and location of the employees’ dependents, and the
actions that the Secretary is taking to eliminate the condi-
tions making the payments necessary.
SEC. 335. SHARING OF PERSONNEL OF DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENT SCHOOLS
AND 
DEFENSE 
DEPENDENTS’ 
EDUCATION
SYSTEM.
Section 2164(e) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(4)(A) The Secretary may, without regard to the pro-
visions of any law relating to the number, classification,
or compensation of employees—
‘‘(i) transfer civilian employees in schools estab-
lished under this section to schools in the defense de-
pendents’ education system in order to provide the
services referred to in subparagraph (B) to such sys-
tem; and
‘‘(ii) transfer employees in such system to such
schools in order to provide such services to such
schools.
‘‘(B) The services referred to in subparagraph (A) are
the following:
‘‘(i) Administrative services.
‘‘(ii) Logistical services.
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‘‘(iii) Personnel services.
‘‘(iv) Such other services as the Secretary consid-
ers appropriate.
‘‘(C) Transfers under this paragraph shall extend for
such periods as the Secretary considers appropriate. The
Secretary shall provide appropriate compensation for em-
ployees so transferred.
‘‘(D) The Secretary may provide that the transfer of
any employee under this paragraph occur without reim-
bursement of the school or system concerned.
‘‘(E) In this paragraph, the term ‘defense dependents’
education system’ means the program established and oper-
ated under section 1402(a) of the Defense Dependents’ Edu-
cation Act of 1978 (20 U.S.C. 921(a)).’’.
SEC. 336. REVISION OF AUTHORITY FOR APPOINTMENTS
OF INVOLUNTARILY SEPARATED MILITARY
RESERVE TECHNICIANS.
(a) REVISION OF AUTHORITY.—Section 3329 of title
5, United States Code, as added by section 544 of the Na-
tional Defense Authorization Act for Fiscal Year 1993 (Pub-
lic Law 102–484; 106 Stat. 2415), is amended—
(1) in subsection (b), by striking out ‘‘be offered’’
and inserting in lieu thereof ‘‘be provided placement
consideration in a position described in subsection (c)
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through a priority placement program of the Depart-
ment of Defense’’; and
(2) by striking out subsection (c) and inserting
in lieu thereof the following new subsection (c):
‘‘(c)(1) The position to be offered a former military
technician under subsection (b) shall be a position—
‘‘(A) in either the competitive service or the ex-
cepted service;
‘‘(B) within the Department of Defense; and
‘‘(C) in which the person is qualified to serve,
taking into consideration whether the employee in
that position is required to be a member of a reserve
component of the armed forces as a condition of em-
ployment.
‘‘(2) To the maximum extent practicable, the position
shall also be in a pay grade or other pay classification suffi-
cient to ensure that the rate of basic pay of the former mili-
tary technician, upon appointment to the position, is not
less than the rate of basic pay last received by the former
military technician for technician service before separa-
tion.’’.
(b) TECHNICAL
AND CLERICAL AMENDMENTS.—(1)
The section 3329 of title 5, United States Code, that was
added by section 4431 of the National Defense Authoriza-
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tion Act for Fiscal Year 1993 (Public Law 102–484; 106
Stat. 2719) is redesignated as section 3330 of such title.
(2) The table of sections at the beginning of chapter
33 of such title is amended by striking out the item relating
to section 3329, as added by section 4431(b) of such Act
(106 Stat. 2720), and inserting in lieu thereof the following
new item:
‘‘3330. Government-wide list of vacant positions.’’.
SEC. 337. COST OF CONTINUING HEALTH INSURANCE COV-
ERAGE FOR EMPLOYEES VOLUNTARILY SEPA-
RATED FROM POSITIONS TO BE ELIMINATED
IN A REDUCTION IN FORCE.
Section 8905a(d)(4) of title 5, United States Code, is
amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘from a position’’ and
inserting in lieu thereof ‘‘or voluntary separa-
tion from a surplus position’’; and
(B) by striking out ‘‘force—’’ and inserting
in lieu thereof ‘‘force or a closure or realignment
of a military installation pursuant to a base clo-
sure law—’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) In this paragraph:
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‘‘(i) The term ‘surplus position’ means a posi-
tion that, as determined under regulations prescribed
by the Secretary of Defense, is identified during plan-
ning for a reduction in force as being no longer re-
quired and is designated for elimination during the
reduction in force.
‘‘(ii) The term ‘base closure law’ means the fol-
lowing:
‘‘(I) Section 2687 of title 10.
‘‘(II) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
‘‘(III) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
‘‘(iii) The term ‘military installation’—
‘‘(I) in the case of an installation covered
by section 2687 of title 10, has the meaning
given such term in subsection (e)(1) of such sec-
tion;
‘‘(II) in the case of an installation covered
by the Act referred to in subclause (II) of clause
(ii), has the meaning given such term in section
209(6) of such Act;
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‘‘(III) in the case of an installation covered
by the Act referred to in subclause (III) of that
clause, has the meaning given such term in sec-
tion 2910(4) of such Act.’’.
SEC. 338. ELIMINATION OF 120-DAY LIMITATION ON DE-
TAILS OF CERTAIN EMPLOYEES.
Subsection (b) of section 3341 of title 5, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following:
‘‘(2) Details of employees of the Department of Defense
under subsection (a) of this section may be made only by
written order of the Secretary of the military department
concerned (or by the Secretary of Defense, in the case of
an employee of the Department of Defense who is not an
employee of a military department) or a designee of the
Secretary. Paragraph (1) does not apply to the Department
of Defense.’’.
SEC. 339. REPEAL OF REQUIREMENT FOR PART-TIME CA-
REER OPPORTUNITY EMPLOYMENT REPORTS.
Section 3407 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(c) This section does not apply to the Department of
Defense.’’.
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SEC. 340. AUTHORITY OF CIVILIAN EMPLOYEES OF DE-
PARTMENT OF DEFENSE TO PARTICIPATE
VOLUNTARILY IN REDUCTIONS IN FORCE.
Section 3502 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(f)(1) The Secretary of Defense or the Secretary of
a military department may—
‘‘(A) release in a reduction in force an employee
who volunteers for the release even though the em-
ployee is not otherwise subject to release in the reduc-
tion in force under the criteria applicable under the
other provisions of this section; and
‘‘(B) for each employee voluntarily released in
the reduction in force under subparagraph (A), retain
an employee who would otherwise be released in the
reduction in force under such criteria.
‘‘(2) A voluntary release of an employee in a reduction
in force pursuant to paragraph (1) shall be treated as an
involuntary release in the reduction in force.
‘‘(3) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
‘‘(4) The authority under paragraph (1) may not be
exercised after September 30, 1996.’’.
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SEC. 341. AUTHORITY TO PAY SEVERANCE PAYMENTS IN
LUMP SUMS.
Section 5595 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(i)(1) In the case of an employee of the Department
of Defense who is entitled to severance pay under this sec-
tion, the Secretary of Defense or the Secretary of the mili-
tary department concerned may, upon application by the
employee, pay the total amount of the severance pay to the
employee in one lump sum.
‘‘(2)(A) If an employee paid severance pay in a lump
sum under this subsection is reemployed by the Government
of the United States or the government of the District of
Columbia at such time that, had the employee been paid
severance pay in regular pay periods under subsection (b),
the payments of such pay would have been discontinued
under subsection (d) upon such reemployment, the employee
shall refund to the Department of Defense (for the military
department that formerly employed the employee, if appli-
cable) an amount equal to the amount of severance pay to
which the employee was entitled under this section that
would not have been paid to the employee under subsection
(d) by reason of such reemployment.
‘‘(B) The period of service represented by an amount
of severance pay refunded by an employee under subpara-
graph (A) shall be considered service for which severance
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pay has not been received by the employee under this sec-
tion.
‘‘(C) Amounts refunded to an agency under this para-
graph shall be credited to the appropriation available for
the pay of employees of the agency for the fiscal year in
which received. Amounts so credited shall be merged with,
and shall be available for the same purposes and the same
period as, the other funds in that appropriation.
‘‘(3) This subsection applies with respect to severance
payable under this section for separations taking effect on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996 and before October
1, 1999.’’.
SEC. 342. HOLIDAYS FOR EMPLOYEES WHOSE BASIC WORK-
WEEK IS OTHER THAN MONDAY THROUGH
FRIDAY.
Section 6103(b) of title 5, United States Code, is
amended—
(1) in paragraph (2), by striking out ‘‘Instead’’
and inserting in lieu thereof ‘‘Except as provided in
paragraph (3), instead’’; and
(2) by adding at the end the following:
‘‘(3)(A) In the case of an employee of a military
department or any other employee of the Department
of Defense, subject to the discretion of the Secretary
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concerned, instead of a holiday that occurs on a regu-
lar weekly non-workday of an employee whose basic
workweek is other than Monday through Friday, the
legal holiday for the employee is—
‘‘(i) the workday of the employee imme-
diately before the regular weekly non-workday; or
‘‘(ii) if the holiday occurs on a regular
weekly non-workday administratively scheduled
for the employee instead of Sunday, the next im-
mediately following workday of the employee.
‘‘(B) For purposes of subparagraph (A), the term
‘Secretary concerned’ has the meaning given that
term in subparagraphs (A), (B), and (C) of section
101(a)(9) of title 10 and includes the Secretary of De-
fense with respect to an employee of the Department
of Defense who is not an employee of a military de-
partment.’’.
SEC. 343. COVERAGE OF NONAPPROPRIATED FUND EM-
PLOYEES UNDER AUTHORITY FOR FLEXIBLE
AND COMPRESSED WORK SCHEDULES.
Paragraph (2) of section 6121 of title 5, United States
Code, is amended to read as follows:
‘‘(2) ‘employee’ has the meaning given the term
in subsection (a) of section 2105 of this title, except
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that such term also includes an employee described
in subsection (c) of that section;’’.
Subtitle E—Defense Financial
Management
SEC. 351. FINANCIAL MANAGEMENT TRAINING.
(a) LIMITATION.—Funds authorized by this Act to be
appropriated for the Department of Defense may not be ob-
ligated for a capital lease for the establishment of a Depart-
ment of Defense financial management training center be-
fore the date that is 90 days after the date on which the
Secretary of Defense submits, in accordance with subsection
(b), a certification of the need for such a center and a report
on financial management training for Department of De-
fense personnel.
(b) CERTIFICATION AND REPORT.—(1) Before obligat-
ing funds for a Department of Defense financial manage-
ment training center, the Secretary of Defense shall—
(A) certify to the Committee on Armed Services
of the Senate and the Committee on National Secu-
rity of the House of Representatives the need for such
a center; and
(B) submit to such committees, with the certifi-
cation, a report on financial management training
for Department of Defense personnel.
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(2) Any report under paragraph (1) shall contain the
following:
(A) The Secretary’s analysis of the requirements
for providing financial management training for em-
ployees of the Department of Defense.
(B) The alternatives considered by the Secretary
for meeting those requirements.
(C) A detailed plan for meeting those require-
ments.
(D) A financial analysis of the estimated short-
term and long-term costs of carrying out the plan.
(E) If, after the analysis referred to in subpara-
graph (A) and after considering alternatives as de-
scribed in subparagraph (B), the Secretary deter-
mines to meet the requirements through a financial
management training center—
(i) the determination of the Secretary re-
garding the location for the university; and
(ii) a description of the process used by the
Secretary for selecting that location.
SEC. 352. LIMITATION ON OPENING OF NEW CENTERS FOR
DEFENSE FINANCE AND ACCOUNTING SERV-
ICE.
(a) LIMITATION.—During fiscal year 1996, the Sec-
retary of Defense may not establish any center for the De-
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fense Finance and Accounting Service that is not operating
on the date of the enactment of this Act.
(b) EXCEPTION.—If the Secretary submits to Congress
not later than March 31, 1996, a report containing a dis-
cussion of the need for establishing a new center prohibited
by subsection (a), the prohibition in such subsection shall
not apply to the center effective 30 days after the date on
which Congress receives the report.
(c) REEXAMINATION
OF NEED REQUIRED.—Before
submitting a report regarding a new center that the Sec-
retary planned before the date of the enactment of this Act
to establish on or after that date, the Secretary shall recon-
sider the need for establishing that center.
Subtitle F—Miscellaneous
Assistance
SEC. 361. DEPARTMENT OF DEFENSE FUNDING FOR NA-
TIONAL GUARD PARTICIPATION IN JOINT
DISASTER AND EMERGENCY ASSISTANCE EX-
ERCISES.
Section 503(a) of title 32, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following:
‘‘(2) Paragraph (1) includes authority to provide for
participation of the National Guard in conjunction with
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the Army or the Air Force, or both, in joint exercises for
instruction to prepare the National Guard for response to
civil emergencies and disasters.’’.
SEC. 362. OFFICE OF CIVIL-MILITARY PROGRAMS.
None of the funds authorized to be appropriated by this
or any other Act may be obligated or expended for the Office
of Civil-Military Programs within the Office of the Assist-
ant Secretary of Defense for Reserve Affairs.
SEC. 363. REVISION OF AUTHORITY FOR CIVIL-MILITARY
COOPERATIVE ACTION PROGRAM.
(a) RESERVE COMPONENTS TO BE USED FOR COOP-
ERATIVE ACTION.—Section 410 of title 10, United States
Code, is amended in the second sentence of subsection (a)
by inserting ‘‘of the reserve components and of the combat
support and combat service support elements of the regular
components’’ after ‘‘resources’’.
(b) PROGRAM OBJECTIVES.—Subsection (b) of such
section is amended by striking out paragraphs (1), (2), (3),
(4), (5), and (6) and inserting in lieu thereof the following:
‘‘(1) To enhance individual and unit training
and morale in the armed forces.
‘‘(2) To encourage cooperation between civilian
and military sectors of society.’’.
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(c) REGULATIONS.—Subsection (d) of such section is
amended by striking out paragraphs (5) and (6) and insert-
ing in lieu thereof the following:
‘‘(5) Procedures to ensure that Department of
Defense resources are not applied exclusively to the
program.
‘‘(6) A requirement that a commander of a unit
of the armed forces involved in providing assistance
certify that the assistance is consistent with the mili-
tary missions of the unit.’’.
SEC. 364. OFFICE OF HUMANITARIAN AND REFUGEE AF-
FAIRS.
None of the funds authorized to be appropriated by this
or any other Act may be obligated or expended for the Office
of Humanitarian and Refugee Affairs within the Office of
the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.
SEC. 365. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC
AID PROGRAMS.
(a) GAO REPORT.—Not later than December 15, 1995,
the Comptroller General of the United States shall provide
to the congressional defense committees a report on—
(1) existing funding mechanisms available to
cover the costs associated with the Overseas Humani-
tarian, Disaster, and Civic Assistance activities
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through funds provided to the Department of State or
the Agency for International Development, and
(2) if such mechanisms do not exist, actions nec-
essary to institute such mechanisms, including any
changes in existing law or regulations.
Subtitle G—Operation of Morale,
Welfare, and Recreation Activities
SEC. 371. DISPOSITION OF EXCESS MORALE, WELFARE, AND
RECREATION FUNDS.
Section 2219 of title 10, United States Code, is amend-
ed—
(1) in the first sentence, by striking out ‘‘a mili-
tary department’’ and inserting in lieu thereof ‘‘an
armed force’’;
(2) in the second sentence—
(A) by striking out ‘‘, department-wide’’;
and
(B) by striking out ‘‘of the military depart-
ment’’ and inserting in lieu thereof ‘‘for that
armed force’’; and
(3) by adding at the end the following: ‘‘This sec-
tion does not apply to the Coast Guard.’’.
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SEC. 372. ELIMINATION OF CERTAIN RESTRICTIONS ON
PURCHASES AND SALES OF ITEMS BY EX-
CHANGE STORES AND OTHER MORALE, WEL-
FARE, AND RECREATION FACILITIES.
(a) RESTRICTIONS ELIMINATED.—(1) Subchapter II of
chapter 134 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 2255. Military exchange stores and other morale,
welfare, and recreation facilities: sale of
items
‘‘(a) AUTHORITY.—The MWR retail facilities may sell
items in accordance with regulations prescribed by the Sec-
retary of Defense.
‘‘(b) CERTAIN RESTRICTIONS PROHIBITED.—The reg-
ulations may not include any of the following restrictions
on the sale of items:
‘‘(1) A restriction on the prices of items offered
for sale, including any requirement to establish prices
on the basis of a specific relationship between the
prices charged for the merchandise and the cost of the
merchandise to the MWR retail facilities concerned.
‘‘(2) A restriction on price of purchase of an
item.
‘‘(3) A restriction on the categories of items that
may be offered for sale.
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‘‘(4) A restriction on the size of items that may
be offered for sale.
‘‘(5) A restriction on the basis of—
‘‘(A) whether the item was manufactured,
produced, or mined in the United States; or
‘‘(B) the extent to which the merchandise
contains components or materials manufactured,
produced, or mined in the United States.
‘‘(c) MWR RETAIL FACILITY DEFINED.—In this sec-
tion, the term ‘MWR retail facilities’ means exchange stores
and other revenue generating facilities operated by
nonappropriated fund activities of the Department of De-
fense for the morale, welfare, and recreation of members of
the armed forces.’’.
(2) The table of sections at the beginning of subchapter
II of chapter 134 of such title is amended by adding at
the end the following:
‘‘2255. Military exchange stores and other morale, welfare, and recreation facili-
ties: sale of items.’’.
(b) REPORT.—Not later than June 1, 1996, the Sec-
retary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives a report that identifies
each restriction in effect immediately before the date of the
enactment of this Act that is terminated or made inapplica-
ble by section 2255 of title 10, United States Code (as added
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by subsection (a)), to exchange stores and other revenue gen-
erating facilities operated by nonappropriated fund activi-
ties of the Department of Defense for the morale, welfare,
and recreation of members of the Armed Forces.
SEC. 373. REPEAL OF REQUIREMENT TO CONVERT SHIPS’
STORES TO NONAPPROPRIATED FUND IN-
STRUMENTALITIES.
(a) REPEAL.—Section 371 of the National Defense Au-
thorization Act for Fiscal Year 1994 (Public Law 103–160;
107 Stat. 1634; 10 U.S.C. 7604 note) is amended by strik-
ing out subsections (a), (b), and (d).
(b) REPEAL OF RELATED CODIFIED PROVISIONS.—
Section 7604 of title 10, United States Code, is amended—
(1) in subsection (a), by striking out ‘‘(a) IN
GENERAL.—’’; and
(2) by striking out subsections (b) and (c).
Subtitle H—Other Matters
SEC. 381. NATIONAL DEFENSE SEALIFT FUND: AVAILABIL-
ITY FOR THE NATIONAL DEFENSE RESERVE
FLEET.
Section 2218 of title 10, United States Code is amend-
ed—
(1) in subsection (c)(1)—
(A) by striking out ‘‘and’’ at the end of sub-
paragraph (C);
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(B) by striking out the period at the end of
subparagraph (D) and inserting in lieu thereof
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) expenses of the National Defense Re-
serve Fleet, as established by section 11 of the
Merchant Ship Sales Act of 1946 (50 U.S.C.
App. 1744).’’; and
(2) in subsection (i), by striking out ‘‘Nothing’’
and inserting in lieu thereof ‘‘Except as provided in
subsection (c)(1)(E), nothing’’.
SEC. 382. AVAILABILITY OF RECOVERED LOSSES RESULT-
ING FROM CONTRACTOR FRAUD.
(a) DEPARTMENT OF DEFENSE TO RECEIVE 3 PER-
CENT.—Subchapter I of chapter 134 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2250. Recoveries of losses and expenses resulting
from contractor fraud
‘‘(a) RETENTION OF PART OF RECOVERY.—(1) Not-
withstanding any other provision of law, a portion of the
amount recovered by the Government in a fiscal year for
losses and expenses incurred by the Department of Defense
as a result of contractor fraud at military installations
shall be credited to appropriations accounts of the Depart-
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costs of carrying out or supporting investigations or
litigation of contractor fraud cases; and
‘‘(2) may credit to any appropriation account of
the department for that fiscal year (for use by each
installation concerned) the amount, if any, that ex-
ceeds the amount credited to appropriations accounts
under paragraph (1).
‘‘(d) RECOVERIES INCLUDED.—(1) Subject to para-
graph (2)(B), subsection (a) applies to amounts recovered
in civil or administrative actions (including settlements)
as actual damages, restitution, and investigative costs.
‘‘(2) Subsection (a) does not apply to—
‘‘(A) criminal fines, forfeitures, civil penalties,
and damages in excess of actual damages; or
‘‘(B) recoveries of losses or expenses incurred by
working-capital funds managed through the Defense
Business Operations Fund.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter I of such chapter is amended
by adding at the end the following:
‘‘2248. Recoveries of losses and expenses resulting from contractor fraud.’’.
SEC. 383. PERMANENT AUTHORITY FOR USE OF PROCEEDS
FROM THE SALE OF CERTAIN LOST, ABAN-
DONED, OR UNCLAIMED PROPERTY.
(a) PERMANENT AUTHORITY.—Section 2575 of title 10
is amended—
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(1) by striking out subsection (b) and inserting
in lieu thereof the following:
‘‘(b)(1) In the case of property found on a military
installation, the proceeds from the sale of the property
under this section shall be credited to the operation and
maintenance account of that installation and used—
‘‘(A) to reimburse the installation for any costs
incurred by the installation to collect, transport,
store, protect, or sell the property; and
‘‘(B) if all such costs are reimbursed, to support
morale, welfare, and recreation activities under the
jurisdiction of the armed forces conducted for the com-
fort, pleasure, contentment, or physical or mental im-
provement of members of the armed forces at that in-
stallation.
‘‘(2) The net proceeds from the sale of other property
under this section shall be covered into the Treasury as mis-
cellaneous receipts.’’; and
(2) by adding at the end the following:
‘‘(d)(1) The owner (or heirs, next of kin, or legal rep-
resentative of the owner) of personal property the proceeds
of which are credited to a military installation under sub-
section (b)(1) may file a claim with the Secretary of Defense
for the amount equal to the proceeds (less costs referred to
in subparagraph (A) of such subsection). Amounts to pay
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the claim shall be drawn from the morale, welfare, and
recreation account for the installation that received the pro-
ceeds.
‘‘(2) The owner (or heirs, next of kin, or legal rep-
resentative of the owner) may file a claim with the General
Accounting Office for proceeds covered into the Treasury
under subsection (b)(2).
‘‘(3) Unless a claim is filed under this subsection with-
in 5 years after the date of the disposal of the property
to which the claim relates, the claim may not be considered
by a court, the Secretary of Defense (in the case of a claim
filed under paragraph (1)), or the General Accounting Of-
fice (in the case of a claim filed under paragraph (2)).’’.
(b) REPEAL
OF AUTHORITY
FOR DEMONSTRATION
PROGRAM.—Section 343 of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 105 Stat. 1343) is repealed.
SEC. 384. SALE OF MILITARY CLOTHING AND SUBSISTENCE
AND OTHER SUPPLIES OF THE NAVY AND MA-
RINE CORPS.
(a) IN GENERAL.—Chapter 651 of title 10, United
States Code, is amended by adding at the end the following
new section:
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‘‘§ 7606. Subsistence and other supplies: members of
armed forces; veterans; executive or mili-
tary departments and employees; prices
‘‘(a) The Secretary of the Navy shall procure and sell,
for cash or credit—
‘‘(1) articles designated by the Secretary to mem-
bers of the Navy and Marine Corps; and
‘‘(2) items of individual clothing and equipment
to members of the Navy and Marine Corps, under
such restrictions as the Secretary may prescribe.
An account of sales on credit shall be kept and the amount
due reported to the Secretary. Except for articles and items
acquired through the use of working capital funds under
section 2208 of this title, sales of articles shall be at cost,
and sales of individual clothing and equipment shall be at
average current prices, including overhead, as determined
by the Secretary.
‘‘(b) The Secretary shall sell subsistence supplies to
members of other armed forces at the prices at which like
property is sold to members of the Navy and Marine Corps.
‘‘(c) The Secretary may sell serviceable supplies, other
than subsistence supplies, to members of other armed forces
for the buyers’ use in the service. The prices at which the
supplies are sold shall be the same prices at which like prop-
erty is sold to members of the Navy and Marine Corps.
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‘‘(d) A person who has been discharged honorably or
under honorable conditions from the Army, Navy, Air Force
or Marine Corps and who is receiving care and medical
treatment from the Public Health Service or the Depart-
ment of Veterans Affairs may buy subsistence supplies and
other supplies, except articles of uniform, at the prices at
which like property is sold to members of the Navy and
Marine Corps.
‘‘(e) Under such conditions as the Secretary may pre-
scribe, exterior articles of uniform may be sold to a person
who has been discharged from the Navy or Marine Corps
honorably or under honorable conditions, at the prices at
which like articles are sold to members of the Navy or Ma-
rine Corps. This subsection does not modify sections 772
or 773 of this title.
‘‘(f) Payment for subsistence supplies sold under this
section shall be made in cash.
‘‘(g)(1) The Secretary may provide for the procurement
and sale of stores designated by the Secretary to such civil-
ian officers and employees of the United States, and such
other persons, as the Secretary considers proper—
‘‘(A) at military installations outside the United
States; and
‘‘(B) subject to paragraph (2), at military in-
stallations inside the United States where the Sec-
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retary determines that it is impracticable for those ci-
vilian officers, employees, and persons to obtain such
stores from commercial enterprises without impairing
the efficient operation of military activities.
‘‘(2) Sales to civilian officers and employees inside the
United States may be made under paragraph (1) only to
those residing within military installations.
‘‘(h) Appropriations for subsistence of the Navy or Ma-
rine Corps may be applied to the purchase of subsistence
supplies for sale to members of the Navy and Marine Corps
on active duty for the use of themselves and their families.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 651 of such title is amended by
adding at the end the following:
‘‘7606. Subsistence and other supplies: members of armed forces; veterans; execu-
tive or military departments and employees; prices.’’.
SEC. 385. CONVERSION OF CIVILIAN MARKSMANSHIP PRO-
GRAM TO NONAPPROPRIATED FUND INSTRU-
MENTALITY AND ACTIVITIES UNDER PRO-
GRAM.
(a) CONVERSION.—Section 4307 of title 10, United
States Code, is amended to read as follows:
‘‘§ 4307. Promotion of rifle practice and firearms safe-
ty: administration
‘‘(a) NONAPPROPRIATED FUND INSTRUMENTALITY.—
On and after October 1, 1995, the Civilian Marksmanship
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Program shall be operated as a nonappropriated fund in-
strumentality of the United States within the Department
of Defense for the benefit of members of the armed forces
and for the promotion of rifle practice and firearms safety
among civilians.
‘‘(b) ADVISORY COMMITTEE.—(1) The Civilian Marks-
manship Program shall be under the general supervision
of an Advisory Committee for the Promotion of Rifle Prac-
tice and Firearms Safety, which shall replace the National
Board for the Promotion of Rifle Practice. The Advisory
Committee shall be appointed by the Secretary of the Army.
‘‘(2) Members of the Advisory Committee shall serve
without compensation, except that members shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, while away from their
homes or regular places of business in the performance of
Advisory Committee services.
‘‘(c) DIRECTOR.—The Secretary of the Army shall ap-
point a person to serve as Director of the Civilian Marks-
manship Program.
‘‘(d) FUNDING.—(1) The Advisory Committee and the
Director may solicit, accept, hold, use, and dispose of, in
furtherance of the activities of the Civilian Marksmanship
Program, donations of money, property, and services re-
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ceived by gift, devise, bequest, or otherwise. Donations may
be accepted notwithstanding any legal restrictions otherwise
arising from procurement relationships of the donors with
the United States.
‘‘(2) All amounts collected under the Civilian Marks-
manship Program, including the proceeds from the sale of
arms, ammunition, targets, and other supplies and appli-
ances under section 4308 of this title, shall be credited to
the Civilian Marksmanship Program and shall be available
to carry out the Civilian Marksmanship Program. Amounts
collected by, and available to, the National Board for the
Promotion of Rifle Practice before the date of the enactment
of this section from sales programs and from fees in connec-
tion with competitions sponsored by that Board shall be
transferred to the nonappropriated funds account estab-
lished for the Civilian Marksmanship Program and shall
be available to carry out the Civilian Marksmanship Pro-
gram.
‘‘(3) Funds held on behalf of the Civilian Marksman-
ship Program shall not be construed to be Government or
public funds or appropriated funds and shall not be avail-
able to support other nonappropriated fund instrumental-
ities of the Department of Defense. Expenditures on behalf
of the Civilian Marksmanship Program, including com-
pensation and benefits for civilian employees, may not ex-
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ceed $5,000,000 during any fiscal year. The approval of the
Advisory Committee shall be required for any expenditure
in excess of $50,000. Notwithstanding any other provision
of law, funds held on behalf of the Civilian Marksmanship
Program shall remain available until expended.
‘‘(e) INAPPLICABILITY
OF
ADVISORY
COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to the Advisory Committee.
‘‘(f) DEFINITIONS.—In this section and sections 4308
through 4313 of this title:
‘‘(1) The term ‘Civilian Marksmanship Program’
means the rifle practice and firearms safety program
carried out under section 4308 of this title and in-
cludes the National Matches and small-arms firing
schools referred to in section 4312 of this title.
‘‘(2) The term ‘Advisory Committee’ means the
Advisory Committee for the Promotion of Rifle Prac-
tice and Firearms Safety.
‘‘(3) The term ‘Director’ means the Director of
the Civilian Marksmanship Program.’’.
(b) ACTIVITIES.—Section 4308 of such title is amended
to read as follows:
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‘‘§ 4308. Promotion of rifle practice and firearms safe-
ty: activities
‘‘(a) INSTRUCTION, SAFETY, AND COMPETITION PRO-
GRAMS.—(1) The Civilian Marksmanship Program shall
provide for—
‘‘(A) the operation and maintenance of indoor
and outdoor rifle ranges and their accessories and ap-
pliances;
‘‘(B) the instruction of citizens of the United
States in marksmanship, and the employment of nec-
essary instructors for that purpose;
‘‘(C) the promotion of safe and responsible prac-
tice in the use of rifled arms and the maintenance
and management of matches or competitions in the
use of those arms; and
‘‘(D) the award to competitors of trophies, prizes,
badges, and other insignia.
‘‘(2) In carrying out this subsection, the Civilian
Marksmanship Program shall give priority to activities
that benefit firearms safety training and competition for
youth and reach as many youth participants as possible.
‘‘(3) Before a person may participate in any activity
sponsored or supported by the Civilian Marksmanship Pro-
gram under this subsection, the person shall be required to
certify that the person has not violated any Federal or State
firearms laws.
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‘‘(b) SALE AND ISSUANCE OF ARMS AND AMMUNI-
TION.—(1) The Civilian Marksmanship Program may
issue, without cost, the arms, ammunition (including cali-
ber .22 and caliber .30 ammunition), targets, and other
supplies and appliances necessary for activities conducted
under subsection (a). Issuance shall be made only to gun
clubs under the direction of the Director of the program that
provide training in the use of rifled arms to youth, the Jun-
ior Reserve Officers’ Training Corps, the Boy Scouts of
America, 4–H Clubs, Future Farmers of America, and other
youth-oriented organizations for training and competition.
‘‘(2) The Director of the Civilian Marksmanship Pro-
gram may sell at fair market value caliber .30 rifles and
accoutrements, caliber .22 rifles, and air rifles, and ammu-
nition for such rifles, to gun clubs that are under the direc-
tion of the Director and provide training in the use of rifled
arms. In lieu of sales, the Director may loan such rifles
to such gun clubs.
‘‘(3) The Director of the Civilian Marksmanship Pro-
gram may sell at fair market value small arms, ammuni-
tion, targets, and other supplies and appliances necessary
for target practice to citizens of the United States over 18
years of age who are members of a gun club under the direc-
tion of the Director.
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‘‘(4) Before conveying any weapon or ammunition to
a person, whether by sale or lease, the Director shall provide
for a criminal records check of the person with appropriate
Federal and State law enforcement agencies.
‘‘(c) OTHER AUTHORITIES.—The Director shall pro-
vide for—
‘‘(1) the procurement of necessary supplies, ap-
pliances, trophies, prizes, badges, and other insignia,
clerical and other services, and labor to carry out the
Civilian Marksmanship Program; and
‘‘(2) the transportation of employees, instructors,
and civilians to give or to receive instruction or to as-
sist or engage in practice in the use of rifled arms,
and the transportation and subsistence, or an allow-
ance instead of subsistence, of members of teams au-
thorized by the Advisory Committee to participate in
matches or competitions in the use of rifled arms.
‘‘(d) FEES.—The Director, in consultation with the
Advisory Committee, may impose reasonable fees for per-
sons and gun clubs participating in any program or com-
petition conducted under the Civilian Marksmanship Pro-
gram for the promotion of rifle practice and firearms safety
among civilians.
‘‘(e) RECEIPT OF EXCESS ARMS AND AMMUNITION.—
(1) The Secretary of the Army shall reserve for the Civilian
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Marksmanship Program all remaining M–1 Garand rifles,
accoutrements, and ammunition for such rifles, still held
by the Army. After the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1996, the Sec-
retary of the Army shall cease demilitarization of remain-
ing M–1 Garand rifles in the Army inventory unless such
rifles are determined to be irreparable.
‘‘(2) Transfers under this subsection shall be made
without cost to the Civilian Marksmanship Program, except
for the costs of transportation for the transferred small arms
and ammunition.
‘‘(f) PARTICIPATION CONDITIONS.—(1) All partici-
pants in the Civilian Marksmanship Program and activi-
ties sponsored or supported by the Advisory Committee shall
be required, as a condition of participation, to sign affida-
vits stating that—
‘‘(A) they have never been convicted of a firearms
violation under State or Federal law; and
‘‘(B) they are not members of any organization
which advocates the violent overthrow of the United
States Government.
‘‘(2) Any person found to have violated this subsection
shall be ineligible to participate in the Civilian Marksman-
ship Program and future activities.’’.
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(c) PARTICIPATION
OF MEMBERS
OF
THE ARMED
FORCES
IN
INSTRUCTION
AND
COMPETITION.—Section
4310 of such title is amended to read as follows:
‘‘§ 4310. Rifle instruction and competitions: participa-
tion of members
‘‘The commander of a major command of the armed
forces may pay the personnel costs and travel and per diem
expenses of members of an active or reserve component of
the armed forces who participate in a competition spon-
sored by the Civilian Marksmanship Program or who pro-
vide instruction or other services in support of the Civilian
Marksmanship Program.’’.
(d) CONFORMING AMENDMENTS.—(1) Section 4312(a)
of such title is amended by striking out ‘‘as prescribed by
the Secretary of the Army’’ and inserting in lieu thereof
‘‘as part of the Civilian Marksmanship Program’’.
(2) Section 4313 of such title is amended—
(A) in subsection (a), by striking out ‘‘Secretary
of the Army’’ both places it appears and inserting in
lieu thereof ‘‘Advisory Committee’’; and
(B) in subsection (b), by striking out ‘‘Appro-
priated funds available for the Civilian Marksman-
ship Program (as defined in section 4308(e) of this
title) 
may’’ 
and 
inserting 
in 
lieu 
thereof
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‘‘Nonappropriated funds available to the Civilian
Marksmanship Program shall’’.
(e) CLERICAL AMENDMENTS.—The table of sections at
the beginning of chapter 401 of such title is amended by
striking out the items relating to sections 4307, 4308, 4309,
and 4310 and inserting in lieu thereof the following new
items:
‘‘4307. Promotion of rifle practice and firearms safety: administration.
‘‘4308. Promotion of rifle practice and firearms safety: activities.
‘‘4309. Rifle ranges: availability for use by members and civilians.
‘‘4310. Rifle instruction and competitions: participation of members.’’.
(f) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 1995.
SEC. 386. REPORT ON EFFORTS TO CONTRACT OUT CER-
TAIN FUNCTIONS OF DEPARTMENT OF DE-
FENSE.
Not later than March 1, 1996, the Secretary of Defense
shall submit to Congress a report describing the advantages
and disadvantages of using contractor personnel, rather
than civilian employees of the Department of Defense, to
perform functions of the Department that are not essential
to the warfighting mission of the Armed Forces. The report
shall specify all legislative and regulatory impediments to
contracting those functions for private performance.
SEC. 387. IMPACT AID.
(a) SPECIAL RULE FOR 1994 PAYMENTS.—The Sec-
retary of Education shall not consider any payment to a
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local educational agency by the Department of Defense, that
is available to such agency for current expenditures and
used for capital expenses, as funds available to such agency
for purposes of making a determination for fiscal year 1994
under section 3(d)(2)(B)(i) of the Act of September 30, 1950
(Public Law 874, 81st Congress) (as such Act was in effect
on September 30, 1994).
(b) PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN.—Subsection (f) of section 8003 of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7703) is amended—
(1) in paragraph (2)—
(A) in the matter preceding clause (i) of
subparagraph (A), by striking ‘‘only if such
agency’’ and inserting ‘‘if such agency is eligible
for a supplementary payment in accordance
with subparagraph (B) or such agency’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(C) A local educational agency shall only
be eligible to receive additional assistance under
this subsection if the Secretary determines that—
‘‘(i) such agency is exercising due dili-
gence in availing itself of State and other
financial assistance; and
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‘‘(ii) the eligibility of such agency
under State law for State aid with respect
to the free public education of children de-
scribed in subsection (a)(1) and the amount
of such aid are determined on a basis no
less favorable to such agency than the basis
used in determining the eligibility of local
educational agencies for State aid, and the
amount of such aid, with respect to the free
public education of other children in the
State.’’; and
(2) in paragraph (3)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i),
by inserting ‘‘(other than any amount re-
ceived under paragraph (2)(B))’’ after ‘‘sub-
section’’;
(ii) in subclause (I) of clause (i), by
striking ‘‘or the average per-pupil expendi-
ture of all the States’’;
(iii) by amending clause (ii) to read as
follows:
‘‘(ii) The Secretary shall next multiply
the amount determined under clause (i) by
the total number of students in average
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daily attendance at the schools of the local
educational agency.’’; and
(iv) by amending clause (iii) to read
as follows:
‘‘(iii) The Secretary shall next subtract
from the amount determined under clause
(ii) all funds available to the local edu-
cational agency for current expenditures,
but shall not so subtract funds provided—
‘‘(I) under this Act; or
‘‘(II) by any department or agen-
cy of the Federal Government (other
than the Department) that are used for
capital expenses.’’; and
(B) by amending subparagraph (B) to read
as follows:
‘‘(B) SPECIAL RULE.—With respect to pay-
ments under this subsection for a fiscal year for
a local educational agency described in clause
(ii) or (iii) of paragraph (2)(A), the maximum
amount of payments under this subsection shall
be equal to—
‘‘(i) the product of—
‘‘(I) the average per-pupil expend-
iture in all States multiplied by 0.7,
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except that such amount may not ex-
ceed 125 percent of the average per-
pupil expenditure in all local edu-
cational agencies in the State; multi-
plied by
‘‘(II) the number of students de-
scribed in subparagraph (A) or (B) of
subsection (a)(1) for such agency;
minus
‘‘(ii) the amount of payments such
agency receives under subsections (b) and
(d) for such year.’’.
(c) CURRENT YEAR DATA.—Paragraph (4) of section
8003(f) of such Act (20 U.S.C. 7703(f)) is amended to read
as follows:
‘‘(4) CURRENT
YEAR
DATA.—For purposes of
providing assistance under this subsection the Sec-
retary—
‘‘(A) shall use student and revenue data
from the fiscal year for which the local edu-
cational agency is applying for assistance under
this subsection; and
‘‘(B) shall derive the per pupil expenditure
amount for such year for the local educational
agency’s comparable school districts by increas-
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ing or decreasing the per pupil expenditure data
for the second fiscal year preceding the fiscal
year for which the determination is made by the
same percentage increase or decrease reflected be-
tween the per pupil expenditure data for the
fourth fiscal year preceding the fiscal year for
which the determination is made and the per
pupil expenditure data for such second year.’’.
SEC. 388. FUNDING FOR TROOPS TO TEACHERS PROGRAM
AND TROOPS TO COPS PROGRAM.
(a) FUNDING.—Of the amount authorized to be appro-
priated under section 431—
(1) $42,000,000 shall be available for the Troops-
to-Teachers program; and
(2) $10,000,000 shall be available for the Troops-
to-Cops program.
(b) DEFINITION.—In this section:
(1) The term ‘‘Troops-to-Cops program’’ means
the program of assistance to separated members and
former members of the Armed Forces to obtain em-
ployment with law enforcement agencies established,
or carried out, under section 1152 of title 10, United
States Code.
(2) The term ‘‘Troops-to-Teachers program’’
means the program of assistance to separated mem-
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bers of the Armed Forces to obtain certification and
employment as teachers or employment as teachers’
aides established under section 1151 of such title.
SEC. 389. AUTHORIZING THE AMOUNTS REQUESTED IN THE
BUDGET FOR JUNIOR ROTC.
(a) There is hereby authorized to be appropriated
$12,295,000 to fully fund the budget request for the Junior
Reserve Officer Training Corps programs of the Army,
Navy, Air Force, and Marine Corps. Such amount is in
addition to the amount otherwise available for such pro-
grams under section 301.
(b) The amount authorized to be appropriated by sec-
tion 101(4) is hereby reduced by $12,295,000.
SEC. 390. REPORT ON PRIVATE PERFORMANCE OF CERTAIN
FUNCTIONS PERFORMED BY MILITARY AIR-
CRAFT.
(a) REPORT REQUIRED.—Not later than May 1, 1996,
the Secretary of Defense shall submit to Congress a report
on the feasibility, including the costs and benefits, of using
private sources for satisfying, in whole or in part, the re-
quirements of the Department of Defense for VIP transpor-
tation by air, airlift for other personnel and for cargo, in-
flight refueling of aircraft, and performance of such other
military aircraft functions as the Secretary considers ap-
propriate to discuss in the report.
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(b) CONTENT OF REPORT.—The report shall include
a discussion of the following:
(1) Contracting for the performance of the func-
tions referred to in subsection (a).
(2) Converting to private ownership and oper-
ation the Department of Defense VIP air fleets, per-
sonnel and cargo aircraft, and in-flight refueling air-
craft, and other Department of Defense aircraft.
(3) The wartime requirements for the various
VIP and transport fleets.
(4) The assumptions used in the cost-benefit
analysis.
(5) The effect on military personnel and facili-
ties of using private sources, as described in para-
graphs (1) and (2), for the purposes described in sub-
section (a).
SEC. 391. ALLEGANY BALLISTICS LABORATORY.
Of the amount authorized to be appropriated under
section 301(2), $2,000,000 shall be available for the Alle-
gany Ballistics Laboratory for essential safety functions.
SEC. 392. ENCOURAGEMENT OF USE OF LEASING AUTHOR-
ITY.
(a) IN GENERAL.—(1) Chapter 137 of title 10, United
States Code, is amended by inserting after section 2316 the
following new section:
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‘‘§ 2317. Equipment Leasing
‘‘The Secretary of Defense is authorized to use leasing
in the acquisition of commercial vehicles when such leasing
is practicable and efficient.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2317. Equipment leasing.’’.
(b) REPORT.—Not later than 90 days after the date
of enactment of this Act, the Secretary of Defense shall sub-
mit a report to the congressional defense committees setting
forth changes in legislation that would be required to facili-
tate the use of leases by the Department of Defense in the
acquisition of equipment.
(c) PILOT PROGRAM.—The Secretary of the Army may
conduct a pilot program for leasing of commercial utility
cargo vehicles as follows:
(1) Existing commercial utility cargo vehicles
may be traded in for credit against new replacement
commercial utility cargo vehicle lease costs;
(2) Quantities of commercial utility cargo vehi-
cles to be traded in and their value to be credited
shall be subject to negotiation between the parties;
(3) New commercial utility cargo vehicle lease
agreements may be executed with or without options
to purchase at the end of each lease period;
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(4) New commercial utility cargo vehicle lease
periods may not exceed five years;
(5) Such leasing pilot program shall consist of
replacing no more than forty percent of the validated
requirement for commercial utility cargo vehicles, but
may include an option or options for the remaining
validated requirement which may be executed subject
to the requirements of subsection (c)(7);
(6) The Army shall enter into such pilot pro-
gram only if the Secretary—
(A) awards such program in accordance
with the provisions of section 2304 of title 10,
United States Code;
(B) has notified the congressional defense
committees of his plans to execute the pilot pro-
gram;
(C) has provided a report detailing the ex-
pected savings in operating and support costs
from retiring older commercial utility cargo ve-
hicles compared to the expected costs of leasing
newer commercial utility cargo vehicles; and
(D) has allowed 30 calendar days to elapse
after such notification.
(7) One year after the date of execution of an
initial leasing contract, the Secretary of the Army
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shall submit a report setting forth the status of the
pilot program. Such report shall be based upon at
least six months of operating experience. The Sec-
retary may exercise an option or options for subse-
quent commercial utility cargo vehicles only after he
has allowed 60 calendar days to elapse after submit-
ting this report.
(8) EXPIRATION
OF AUTHORITY.—No lease of
commercial utility cargo vehicles may be entered into
under the pilot program after September 30, 2000.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) FISCAL YEAR 1996.—The Armed Forces are au-
thorized strengths for active duty personnel as of September
30, 1996, as follows:
(1) The Army, 495,000, of which not more than
81,300 may be commissioned officers.
(2) The Navy, 428,340, of which not more than
58,870 may be commissioned officers.
(3) The Marine Corps, 174,000, of which not
more than 17,978 may be commissioned officers.
(4) The Air Force, 388,200, of which not more
than 75,928 may be commissioned officers.
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(b) FISCAL YEAR 1997.—The Armed Forces are au-
thorized strengths for active duty personnel as of September
30, 1997, as follows:
(1) The Army, 495,000, of which not more than
80,312 may be commissioned officers.
(2) The Navy, 409,740, of which not more than
56,615 may be commissioned officers.
(3) The Marine Corps, 174,000, of which not
more than 17,978 may be commissioned officers.
(4) The Air Force, 385,400, of which not more
than 76,494 may be commissioned officers.
SEC. 402. TEMPORARY VARIATION IN DOPMA AUTHORIZED
END STRENGTH LIMITATIONS FOR ACTIVE
DUTY AIR FORCE AND NAVY OFFICERS IN
CERTAIN GRADES.
(a) AIR FORCE OFFICERS.—(1) In the administration
of the limitation under section 523(a)(1) of title 10, United
States Code, for fiscal years 1996 and 1997, the numbers
applicable to officers of the Air Force serving on active duty
in the grades of major, lieutenant colonel, and colonel shall
be the numbers set forth for that fiscal year in paragraph
(2) (rather than the numbers determined in accordance with
the table in that section).
(2) The numbers referred to in paragraph (1) are as
follows:
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Fiscal year:
Number of officers who may be serving on active duty in the grade
of:
Major
Lieutenant colonel
Colonel
1996 ..........................
15,566
9,876
3,609
1997 ..........................
15,645
9,913
3,627
(b) NAVY OFFICERS.—(1) In the administration of the
limitation under section 523(a)(2) of title 10, United States
Code, for fiscal years 1996 and 1997, the numbers applica-
ble to officers of the Navy serving on active duty in the
grades of lieutenant commander, commander, and captain
shall be the numbers set forth for that fiscal year in para-
graph (2) (rather than the numbers determined in accord-
ance with the table in that section).
(2) The numbers referred to in paragraph (1) are as
follows:
Fiscal year:
Number of officers who may be serving on active duty in the grade
of:
Lieutenant com-
mander
Commander
Captain
1996 ..........................
11,924
7,390
3,234
1997 ..........................
11,732
7,297
3,188
SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAIT-
ING RETIREMENT NOT TO BE COUNTED.
(a) DISTRIBUTION OF OFFICERS ON ACTIVE DUTY IN
GENERAL AND FLAG OFFICER GRADES.—Section 525 of
title 10, United States Code, is amended by adding at the
end the following:
‘‘(d) An officer continuing to hold the grade of general
or admiral under section 601(b)(4) of this title after relief