Union Calendar No. 276
104TH CONGRESS
2D SESSION
H. R. 3230
[Report No. 104–563]
A BILL
To authorize appropriations for fiscal year 1997 for
military activities of the Department of Defense,
to prescribe military personnel strengths for fis-
cal year 1997, and for other purposes.
MAY 7, 1996
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 276
104TH CONGRESS
2D SESSION
H. R. 3230
[Report No. 104–563]
To authorize appropriations for fiscal year 1997 for military activities of
the Department of Defense, to prescribe military personnel strengths
for fiscal year 1997, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 15, 1996
Mr. SPENCE (for himself and Mr. DELLUMS) (both by request) introduced the
following bill; which was referred to the Committee on National Security
MAY 7, 1996
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 15, 1996]
A BILL
To authorize appropriations for fiscal year 1997 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1997, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1997’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(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.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Subtitle B—Army Programs
Sec. 111. Repeal of limitation on procurement of certain aircraft.
Sec. 112. Multiyear procurement authority for Army programs.
Subtitle D—Other Matters
Sec. 241. Uniform procedures and criteria for maintenance and repair at Air
Force installations.
Sec. 242. Requirements relating to Small Business Innovation Research Program.
Sec. 243. Extension of deadline for delivery of Enhanced Fiber Optic Guided Mis-
sile (EFOG-M) system.
Sec. 244. Amendment to University Research Initiative Support program.
Sec. 245. Amendments to Defense Experimental Program To Stimulate Competi-
tive Research.
Sec. 246. Elimination of report on the use of competitive procedures for the
award of certain contracts to colleges and universities.
Sec. 247. National Oceanographic Partnership Program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B—Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval shipyards to en-
gage in defense-related production and services.
Sec. 312. Exclusion of large maintenance and repair projects from percentage
limitation on contracting for depot-level maintenance.
Subtitle C—Environmental Provisions
Sec. 321. Repeal of report on contractor reimbursement costs.
Sec. 322. Payments of stipulated penalties assessed under CERCLA.
Sec. 323. Conservation and Readiness Program.
Sec. 324. Navy compliance with shipboard solid waste control requirements.
Sec. 325. Authority to develop and implement land use plans for Defense Envi-
ronmental Restoration Program.
Sec. 326. Pilot program to test alternative technologies for limiting air emissions
during shipyard blasting and coating operations.
Sec. 327. Navy program to monitor ecological effects of organotin.
Subtitle D—Civilian Employees and Nonappropriated Fund
Instrumentality Employees
Sec. 331. Repeal of prohibition on payment of lodging expenses when adequate
Government quarters are available.
Sec. 332. Voluntary separation incentive pay modification.
Sec. 333. Wage-board compensatory time off.
Sec. 334. Simplification of rules relating to the observance of certain holidays.
Sec. 335. Phased retirement.
Sec. 336. Modification of authority for civilian employees of Department of De-
fense to participate voluntarily in reductions in force.
Subtitle E—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 341. Contracts with other agencies and instrumentalities for goods and serv-
ices.
Sec. 342. Noncompetitive procurement of brand-name commercial items for resale
in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle F—Performance of Functions by Private-Sector
Sources
Sec. 351. Extension of requirement for competitive procurement of printing and
duplication services.
Sec. 352. Requirement regarding use of private shipyards for complex naval ship
repair contracts.
Subtitle G—Other Matters
Sec. 360. Termination of Defense Business Operations Fund and preparation of
plan regarding improved operation of working-capital funds.
Sec. 361. Increase in capital asset threshold under Defense Business Operations
Fund.
Sec. 362. Transfer of excess personal property to support law enforcement activi-
ties.
Sec. 363. Storage of motor vehicle in lieu of transportation.
Sec. 364. Control of transportation systems in time of war.
Sec. 365. Security protections at Department of Defense facilities in National
Capital Region.
Sec. 366. Modifications to Armed Forces Retirement Home Act of 1991.
Sec. 367. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian
employees.
Sec. 368. Retention of civilian employee positions at military training bases
transferred to National Guard.
Sec. 369. Expansion of authority to donate unusable food.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional contin-
gencies.
Sec. 403. Authorized strengths for commissioned officers on active duty in grades
of major, lieutenant colonel, and colonel and Navy grades of
lieutenant commander, commander, and captain.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Personnel Management
Sec. 501. Authorization for senior enlisted members to reenlist for an indefinite
period of time.
Sec. 502. Authority to extend entry on active duty under the Delayed Entry Pro-
gram.
Sec. 503. Permanent authority for Navy spot promotions for certain lieutenants.
Sec. 504. Reports on response to recommendations concerning improvements to
Department of Defense Joint Manpower Process.
Sec. 505. Frequency of reports to Congress on Joint Officer Management Policies.
Sec. 506. Repeal of requirement that commissioned officers be initially appointed
in a reserve grade.
Sec. 507. Continuation on active status for certain reserve officers of the Air
Force.
Subtitle B—Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Training for reserves on active duty in support of the reserves.
Sec. 513. Clarification to definition of active status.
Sec. 514. Appointment above grade of 0–2 in the Naval Reserve.
Sec. 515. Report on number of advisers in active component support of reserves
pilot program.
Sec. 516. Sense of Congress and report regarding reemployment rights for mobi-
lized reservists employed in foreign countries.
Subtitle C—Jurisdiction and Powers of Courts-Martial for the
National Guard When Not in Federal Service
Sec. 531. Composition, jurisdiction, and procedures of courts-martial.
Sec. 532. General courts-martial.
Sec. 533. Special courts-martial.
Sec. 534. Summary courts-martial.
Sec. 535. Repeal of authority for confinement in lieu of fine.
Sec. 536. Approval of sentence of bad conduct discharge or confinement.
Sec. 537. Authority of military judges.
Sec. 538. Statutory reorganization.
Sec. 539. Effective date.
Sec. 540. Conforming amendments to Uniform Code of Military Justice.
Subtitle D—Education and Training Programs
Sec. 551. Extension of maximum age for appointment as a cadet or midshipman
in the Senior Reserve Officers’ Training Corps and the service
academies.
Sec. 552. Oversight and management of Senior Reserve Officers’ Training Corps
program.
Sec. 553. ROTC scholarship student participation in simultaneous membership
program.
Sec. 554. Expansion of ROTC advanced training program to include graduate
students.
Sec. 555. Reserve credit for members of Armed Forces Health Professions Scholar-
ship and Financial Assistance Program.
Sec. 556. Expansion of eligibility for education benefits to include certain Reserve
Officers’ Training Corps (ROTC) participants.
Sec. 557. Comptroller General report on cost and policy implications of permit-
ting up to five percent of service academy graduates to be as-
signed directly to reserve duty upon graduation.
Subtitle E—Other Matters
Sec. 561. Hate crimes in the military.
Sec. 562. Authority of a reserve judge advocate to act as a notary public.
Sec. 563. Authority to provide legal assistance to Public Health Service officers.
Sec. 564. Excepted appointment of certain judicial non-attorney staff in the
United States Court of Appeals for the Armed Forces.
Sec. 565. Replacement of certain American theater campaign ribbons.
Sec. 566. Restoration of regulations prohibiting service of homosexuals in the
Armed Forces.
Sec. 567. Reenactment and modification of mandatory separation from service for
members diagnosed with HIV–1 virus.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Availability of basic allowance for quarters for certain members without
dependents who serve on sea duty.
Sec. 603. Establishment of minimum monthly amount of variable housing allow-
ance for high housing cost areas.
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. Special incentives to recruit and retain dental officers.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Temporary lodging expenses of member in connection with first perma-
nent change of station.
Sec. 622. Allowance in connection with shipping motor vehicle at government ex-
pense.
Sec. 623. Dislocation allowance at a rate equal to two and one-half months basic
allowance for quarters.
Sec. 624. Allowance for travel performed in connection with leave between con-
secutive overseas tours.
Subtitle D—Retired Pay, Survivor Benefits, and Related
Matters
Sec. 631. Increase in annual limit on days of inactive duty training creditable
towards reserve retirement.
Sec. 632. Authority for retirement in grade in which a member has been selected
for promotion when a physical disability intervenes.
Sec. 633. Eligibility for reserve disability retirement for reserves injured while
away from home overnight for inactive-duty training.
Sec. 634. Retirement of reserve enlisted members who qualify for active duty re-
tirement after administrative reduction in enlisted grade.
Sec. 635. Clarification of initial computation of retiree colas after retirement.
Sec. 636. Technical correction to prior authority for payment of back pay to cer-
tain persons.
Sec. 637. Amendments to the Uniformed Services Former Spouses’ Protection Act.
Sec. 638. Administration of benefits for so-called minimum income widows.
Sec. 639. Nonsubstantive restatement of Survivor Benefit Plan statute.
Subtitle E—Other Matters
Sec. 651. Technical correction clarifying ability of certain members to elect not
to occupy Government quarters.
Sec. 652. Technical correction clarifying limitation on furnishing clothing or al-
lowances for enlisted National Guard technicians.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Medical and dental care for reserve component members in a duty sta-
tus.
Subtitle B—TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 713. Improved information exchange between military treatment facilities
and TRICARE program contractors.
Subtitle C—Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services health care de-
livery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D—Other Changes to Existing Laws Regarding Health
Care Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically nec-
essary treatment in connection with certain clinical trials.
Sec. 732. Authority to waive or reduce CHAMPUS deductible amounts for reserv-
ists called to active duty in support of contingency operations.
Sec. 733. Exception to maximum allowable payments to individual health-care
providers under CHAMPUS.
Sec. 734. Codification of annual authority to credit CHAMPUS refunds to cur-
rent year appropriation.
Sec. 735. Exceptions to requirements regarding obtaining nonavailability-of-
health-care statements.
Sec. 736. Expansion of collection authorities from third-party payers.
Subtitle E—Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed Forces
Health Professions Scholarship and Financial Assistance pro-
gram and Uniformed Services University of the Health Sciences.
Sec. 742. Exception to strength limitations for Public Health Service officers as-
signed to Department of Defense.
Sec. 743. Continued operation of Uniformed Services University of the Health
Sciences.
Sec. 744. Sense of Congress regarding tax treatment of Armed Forces Health Pro-
fessions Scholarship and Financial Assistance program.
Sec. 745. Report regarding specialized treatment facility program.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Management
Sec. 801. Authority to waive certain requirements for defense acquisition pilot
programs.
Sec. 802. Exclusion from certain post-education duty assignments for members of
Acquisition Corps.
Sec. 803. Extension of authority to carry out certain prototype projects.
Sec. 804. Increase in threshold amounts for major systems.
Sec. 805. Revisions in information required to be included in Selected Acquisition
Reports.
Sec. 806. Increase in simplified acquisition threshold for humanitarian or peace-
keeping operations.
Sec. 807. Expansion of audit reciprocity among Federal agencies to include post-
award audits.
Sec. 808. Extension of pilot mentor-protege program.
Subtitle B—Other Matters
Sec. 821. Amendment to definition of national security system under Information
Technology Management Reform Act of 1995.
Sec. 822. Prohibition on release of contractor proposals under Freedom of Infor-
mation Act.
Sec. 823. Repeal of annual report by advocate for competition.
Sec. 824. Repeal of biannual report on procurement regulatory activity.
Sec. 825. Repeal of multiyear limitation on contracts for inspection, mainte-
nance, and repair.
Sec. 826. Streamlined notice requirements to contractors and employees regarding
termination or substantial reduction in contracts under major
defense programs.
Sec. 827. Repeal of notice requirements for substantially or seriously affected par-
ties in downsizing efforts.
Sec. 828. Testing of defense acquisition programs.
Sec. 829. Dependency of national technology and industrial base on supplies
available only from foreign countries.
Sec. 830. Sense of Congress regarding treatment of Department of Defense cable
television franchise agreements.
Sec. 831. Extension of domestic source limitation for valves and machine tools.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Additional required reduction in defense acquisition workforce.
Sec. 902. Reduction of personnel assigned to Office of the Secretary of Defense.
Sec. 903. Report on military department headquarters staffs.
Sec. 904. Extension of effective date for charter for Joint Requirements Oversight
Council.
Sec. 905. Removal of Secretary of the Army from membership on the Foreign
Trade Zone Board.
Sec. 906. Membership of the Ammunition Storage Board.
Sec. 907. Department of Defense disbursing official check cashing and exchange
transactions.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year 1996 de-
fense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations for fis-
cal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air Force am-
munition accounts.
Sec. 1006. Format for budget requests for Defense Airborne Reconnaissance pro-
gram.
Subtitle B—Reports and Studies
Sec. 1021. Annual report on Operation Provide Comfort and Operation En-
hanced Southern Watch.
Sec. 1022. Report on protection of national information infrastructure.
Sec. 1023. Report on witness interview procedures for Department of Defense
criminal investigations.
Subtitle C—Other Matters
Sec. 1031. Information systems security program.
Sec. 1032. Aviation and vessel war risk insurance.
Sec. 1033. Aircraft accident investigation boards.
Sec. 1034. Authority for use of appropriated funds for recruiting functions.
Sec. 1035. Authority for award of Medal of Honor to certain African American
soldiers who served during World War II.
Sec. 1036. Compensation for persons awarded prisoner of war medal who did not
previously receive compensation as a prisoner of war.
Sec. 1037. George C. Marshall European Center For Strategic Security Studies.
Sec. 1038. Participation of members, dependents, and other persons in crime pre-
vention efforts at installations.
Sec. 1039. Technical and clerical amendments.
Sec. 1040. Prohibition on carrying out SR–71 strategic reconnaissance program
during fiscal year 1997.
TITLE XI—COOPERATIVE THREAT REDUCTION WITH
STATES OF FORMER SOVIET UNION
Sec. 1101. Specification of Cooperative Threat Reduction programs.
Sec. 1102. Fiscal year 1997 funding allocations.
Sec. 1103. Prohibition on use of funds for specified purposes.
Sec. 1104. Limitation on funds.
Sec. 1105. Availability of funds.
TITLE XII—RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A—Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and reserve general and flag officer authoriza-
tions.
Sec. 1214. Guard and Reserve technicians.
Sec. 1215. Technical amendment reflecting prior revision to National Guard Bu-
reau charter.
Subtitle B—Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and Re-
serve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of members
of reserve components.
Sec. 1233. Report to Congress concerning income insurance program for activated
reservists.
Sec. 1234. Report to Congress concerning small business loans for members re-
leased from reserve service during contingency operations.
Subtitle C—Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable expenses.
Sec. 1252. Codification of annual authority to pay transient housing charges or
provide lodging in kind for members performing active duty for
training or inactive-duty training.
Sec. 1253. Sense of Congress concerning quarters allowance during service on ac-
tive duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Commendation of Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and reserve service.
TITLE XIII—ARMS CONTROL AND RELATED MATTERS
Subtitle A—Miscellaneous Matters
Sec. 1301. One-year extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic nuclear deliv-
ery systems.
Sec. 1303. Certification required before observance of moratorium on use by
Armed Forces of antipersonnel landmines.
Sec. 1304. Department of Defense demining program.
Sec. 1305. Report on military capabilities of People’s Republic of China.
Sec. 1306. United States-People’s Republic of China Joint Defense Conversion
Commission.
Sec. 1307. Authority to accept services from foreign governments and inter-
national organizations for defense purposes.
Sec. 1308. Review by Director of Central Intelligence of National Intelligence Es-
timate 95–19
Subtitle B—Commission to Assess the Ballistic Missile Threat
to the United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
TITLE XIV—SIKES ACT IMPROVEMENT
Sec. 1401. Short title.
Sec. 1402. Definition of Sikes Act for purposes of amendments.
Sec. 1403. Codification of short title of Act.
Sec. 1404. Integrated natural resource management plans.
Sec. 1405. Review for preparation of integrated natural resource management
plans.
Sec. 1406. Annual reviews and reports.
Sec. 1407. Transfer of wildlife conservation fees from closed military installa-
tions.
Sec. 1408. Federal enforcement of integrated natural resource management plans
and enforcement of other laws.
Sec. 1409. Natural resource management services.
Sec. 1410. Definitions.
Sec. 1411. Cooperative agreements.
Sec. 1412. Repeal of superseded provision.
Sec. 1413. Clerical amendments.
Sec. 1414. Authorizations of appropriations.
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. Correction in authorized uses of funds, Fort Irwin, California.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island, California.
Sec. 2206. Lease to facilitate construction of reserve center, Naval Air Station,
Meridian, Mississippi.
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.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2705. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction and Military Family Housing
Sec. 2801. North Atlantic Treaty Organization Security Investment Program.
Sec. 2802. Authority to demolish excess facilities.
Sec. 2803. Improvements to family housing units.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment transfers under
1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on closed in-
stallations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification assistance
is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in connection
with Loring Air Force Base, Maine.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2821. Transfer and exchange of jurisdiction, Arlington National Cemetery,
Arlington, Virginia.
Sec. 2822. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2823. Land conveyance, Army Reserve Center, Anderson, South Carolina.
PART II—NAVY CONVEYANCES
Sec. 2831. Release of condition on reconveyance of transferred land, Guam.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard, Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons Industrial
Reserve Plant, Calverton, New York.
PART III—AIR FORCE CONVEYANCES
Sec. 2841. Conveyance of primate research complex, Holloman Air Force Base,
New Mexico.
Sec. 2842. Land conveyance, Radar Bomb Scoring Site, Belle Fourche, South Da-
kota.
PART IV—OTHER CONVEYANCES
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla, North
Dakota.
Subtitle D—Other Matters
Sec. 2861. Easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the management of
cultural resources on military installations.
Sec. 2863. Demonstration project for installation and operation of electric power
distribution system at Youngstown Air Reserve Station, Ohio.
Sec. 2864. Designation of Michael O’Callaghan Military Hospital.
TITLE XXIX—MILITARY LAND WITHDRAWALS
Subtitle A—Fort Carson-Pinon Canyon Military Lands
Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military Reserva-
tion.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of contamina-
tion.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B—El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL
SECURITY AUTHORIZATIONS AND OTHER
AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Defense fixed asset acquisition.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Production of high explosives.
Sec. 3134. Limitation on use of funds by laboratories for laboratory-directed re-
search and development.
Sec. 3135. Prohibition on funding nuclear weapons activities with People’s Re-
public of China.
Sec. 3136. International cooperative stockpile stewardship programs.
Sec. 3137. Temporary authority relating to transfers of defense environmental
management funds.
Sec. 3138. Management structure for nuclear weapons production facilities and
nuclear weapons laboratories.
Subtitle D—Other Matters
Sec. 3141. Report on nuclear weapons stockpile memorandum.
Sec. 3142. Report on plutonium pit production and remanufacturing plans.
Sec. 3143. Amendments relating to baseline environmental management reports.
Sec. 3144. Requirement to develop future use plans for environmental manage-
ment program.
Subtitle E—Defense Nuclear Environmental Cleanup and
Management
Sec. 3151. Purpose.
Sec. 3152. Covered defense nuclear facilities.
Sec. 3153. Site manager.
Sec. 3154. Department of Energy orders.
Sec. 3155. Deployment of technology for remediation of defense nuclear waste.
Sec. 3156. Performance-based contracting.
Sec. 3157. Designation of defense nuclear facilities as national environmental
cleanup demonstration areas.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Subtitle A—Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Subtitle B—Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal year 1997.
TITLE XXXV—PANAMA CANAL COMMISSION
Subtitle A—Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with Treaties.
Subtitle B—Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation expenses.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment re-
quirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application of Canal
Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention remunera-
tion.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of Commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption.
Sec. 3548. Miscellaneous conforming amendments to title 5, United States Code.
Sec. 3549. Repeal of Panama Canal Code.
Sec. 3550. Miscellaneous clerical and conforming amendments.
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.
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 1997 for procurement for the Army as follows:
(1) For aircraft, $1,556,615,000.
(2) For missiles, $1,027,829,000.
(3) For weapons and tracked combat vehicles,
$1,334,814,000.
(4) For ammunition, $1,160,728,000.
(5) For other procurement, $2,812,240,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1997 for procurement for the Navy
as follows:
(1) For aircraft, $6,668,952,000.
(2) For weapons, including missiles and tor-
pedoes, $1,305,308,000.
(3) 
For 
shipbuilding 
and 
conversion,
$5,479,930,000.
(4) For other procurement, $2,871,495,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1997 for procurement for
the Marine Corps in the amount of $546,748,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for procurement
of ammunition for Navy and the Marine Corps in the
amount of $599,239,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for procurement for the Air Force as follows:
(1) For aircraft, $7,271,928,000.
(2) For missiles, $4,341,178,000.
(3) For ammunition, $303,899,000.
(4) For other procurement, $6,117,419,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for Defense-wide procurement in the amount
of $1,890,212,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 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, $118,000,000.
(2) For the Air National Guard, $158,000,000.
(3) For the Army Reserve, $106,000,000.
(4) For the Naval Reserve, $192,000,000.
(5) For the Air Force Reserve, $148,000,000.
(6) For the Marine Corps Reserve, $83,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for procurement for the Inspector General of
the Department of Defense in the amount of $2,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1997 the amount of $799,847,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 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 $269,470,000.
Subtitle B—Army Programs
SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF
CERTAIN AIRCRAFT.
(a) APACHE HELICOPTERS.—Section 132 of the Na-
tional Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101–189; 103 Stat. 1383) is repealed.
(b) 
OH–58D 
ARMED
KIOWA
WARRIOR
HELI-
COPTERS.—Section 133 the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–189;
103 Stat. 1383) is repealed.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR
ARMY PROGRAMS.
(a) AVENGER AIR DEFENSE MISSILE SYSTEM.—Not-
withstanding the limitation in subsection (k) of section
2306b of title 10, United States Code, relating to the maxi-
mum duration of a multiyear contract under the authority
of that section, the Secretary of the Army may extend the
multiyear contract in effect during fiscal year 1996 for the
Avenger Air Defense Missile system through fiscal year 1997
and may award such an extension.
(b) ARMY TACTICAL MISSILE SYSTEM.—The Secretary
of the Army may, in accordance with section 2306b of title
10, United States Code, enter into a multiyear procurement
contract, beginning with the fiscal year 1997 program year,
for procurement of the Army Tactical Missile System
(Army TACMS).
Subtitle C—Navy Programs
SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—
Of the amount authorized by section 102 to be appropriated
for Shipbuilding and Conversion, Navy, for fiscal year
1997—
(1) $699,071,000 is available for continued con-
struction of the third vessel (designated SSN–23) in
the Seawolf attack submarine class, which shall be the
final vessel in that class;
(2) $296,186,000 is available for long-lead and
advance construction and procurement of components
for construction of a submarine (previously des-
ignated by the Navy as the New Attack Submarine)
beginning in fiscal year 1998 to be built by Electric
Boat Division; and
(3) $504,000,000 is available for long-lead and
advance construction and procurement of components
for construction of a second submarine (previously
designated by the Navy as the New Attack Sub-
marine) beginning in fiscal year 1999 to be built by
Newport News Shipbuilding.
(b) AMOUNTS AUTHORIZED FROM NAVY RDT&E AC-
COUNT.—(1) Of the amount authorized to be appropriated
by section 201 for Research, Development, Test, and Eval-
uation, Navy, $489,443,000 is available for the design of
the submarine previously designated by the Navy as the
New Attack Submarine. Such funds shall be available for
obligation and expenditure under contracts with Electric
Boat Division and Newport News Shipbuilding to carry out
the provisions of the ‘‘Memorandum of Agreement Among
the Department of the Navy, Electric Boat Corporation
(EB) and Newport News Shipbuilding and Drydock Com-
pany (NNS) Concerning the New Attack Submarine’’, dated
April 5, 1996, relating to design data transfer, design im-
provements, integrated process teams, updated design base,
and other research and development initiatives related to
the design of such submarine.
(2)(A) Of the amount authorized to be appropriated
by section 201(2), $60,000,000 is available to address the
inclusion on future nuclear attack submarines of the spe-
cific advanced technologies that are identified by the Sec-
retary of Defense (in the report of the Secretary entitled
‘‘Report on Nuclear Attack Submarine Procurement and
Submarine Technology’’, submitted to Congress on March
26, 1996) as those technologies the maturation of which the
Submarine Technology Assessment Panel recommended be
addressed in its March 15, 1996, final report to the Assist-
ant Secretary of the Navy for Research, Development, and
Acquisition, as follows: hydrodynamics, alternative sail de-
signs, advanced arrays, electric drive, external weapons and
active controls and mounts.
(B) Of the amount referred to in subparagraph (A),
$20,000,000 shall be equally divided between the two ship-
yards for the purpose of ensuring that the shipyards are
principal participants in the process of addressing the in-
clusion of technologies referred to in subparagraph (A). The
Secretary of the Navy shall ensure that those shipyards have
access for such purpose (under procedures prescribed by the
Secretary) to the Navy laboratories and the Office of Naval
Intelligence and (in accordance with arrangements to be
made by the Secretary) to the Defense Advanced Research
Projects Agency.
(3) Of the amount authorized to be appropriated by
section 201(2), $38,000,000 is available to begin funding
those Category I and Category II advanced technologies de-
scribed in Appendix C of the report of the Secretary of De-
fense referred to in paragraph (2).
(4) Of the amount authorized to be appropriated by
section 201(2), $40,000,000 is available to provide funds
for the design improvements in accordance with subsection
(f), to be equally divided between the two shipyards.
(5)(A) Of the amount authorized to be appropriated
by section 201(2), $50,000,000 is available to initiate the
design of a new, next-generation nuclear attack submarine,
the design of which is not intended to be an outgrowth of
the submarine program described in section 131 of the Na-
tional Defense Authorization Act for Fiscal Year 1996 (Pub-
lic Law 104–106; 110 Stat. 208). Those funds shall be
equally divided between the two shipyards and shall provide
alternatives to the design or designs to be derived in accord-
ance with subsection (f). The Secretary of the Navy shall
compete those alternative designs with the design or designs
to be derived in accordance with subsection (f) for serial
production beginning not earlier than fiscal year 2003.
(B) The design under subparagraph (A) should proceed
from, but not be limited to, the technology specified in para-
graph (2)(A), especially with respect to hydrodynamics con-
cepts and technologies. The Secretary shall require the two
shipyards to submit to the Secretary an annual report on
the progress of the design work under subparagraph (A) and
shall transmit each such report to the committees specified
in subsection (d)(1).
(c) CONTRACTS AUTHORIZED.—(1) The Secretary of
the Navy is authorized, using funds available pursuant to
paragraphs (2) and (3) of subsection (a), to enter into con-
tracts with Electric Boat Division and Newport News Ship-
building, and suppliers of components, during fiscal year
1997 for—
(A) the procurement of long-lead components for
the fiscal year 1998 submarine and the fiscal year
1999 submarine under this section; and
(B) advance construction of such components
and other components for such submarines.
(2) The Secretary may enter into a contract or con-
tracts under this section with the shipbuilder of the fiscal
year 1998 submarine only if the Secretary enters into a
contract or contracts under this section with the shipbuilder
of the fiscal year 1999 submarine.
(d) LIMITATIONS.—(1) Of the amounts specified in
subsection (a), not more than $50,000,000 may be obligated
until the Secretary of Defense certifies in writing to the
Committee on Armed Services of the Senate and the Com-
mittee on National Security of the House of Representatives
that procurement of nuclear attack submarines to be con-
structed after four submarines are procured as provided for
in the plan described in section 131(c) of the National De-
fense Authorization Act for fiscal year 1996 will be under
one or more contracts that are entered into after competi-
tion between Electric Boat Division and Newport News
Shipbuilding in which the Secretary of the Navy solicits
competitive proposals and awards the contract or contracts
on the basis of best value to the Government.
(2) Of the amounts specified in subsection (a), not
more than $50,000,000 may be obligated until the Under
Secretary of Defense for Acquisition and Technology sub-
mits to the congressional committees specified in paragraph
(1) a report in writing detailing the following:
(A) The Under Secretary’s oversight activities to
date, and plans for the future, for the development
and improvement of the nuclear attack submarine
program of the Navy as required by section
131(b)(2)(C) of the National Defense Authorization
Act for Fiscal Year 1996.
(B) The implementation of, and activities con-
ducted under, the program required to be established
by the Director of the Defense Advanced Research
Projects Agency by section 131(i) of the National De-
fense Authorization Act for Fiscal Year 1996 for the
development and demonstration of advanced sub-
marine technologies and a rapid prototype acquisi-
tion strategy for both land-based and at-sea subsystem
and system demonstrations of such technologies.
(C) A description of all research, development,
test, and evaluation programs, projects, or activities
within the Department of Defense which are designed
to or which could, in the opinion of the Under Sec-
retary, contribute to the development and demonstra-
tion of advanced submarine technologies leading to a
more capable, more affordable nuclear attack sub-
marine, specifically identifying ongoing involvement,
and plans for future involvement, in any such pro-
gram, project or activity by either Electric Boat Divi-
sion, Newport News Shipbuilding, or both.
(3) Of the amount specified in subsection (b)(1), not
more than $50,000,000 may be obligated or expended until
the Under Secretary of Defense (Comptroller) certifies in
writing to the congressional committees specified in para-
graph (1) that the Department has complied with section
132 of the National Defense Authorization Act for Fiscal
Year 1996 and that the funds specified in paragraphs (2),
(3), and (4) of subsection (b), have been obligated.
(e) ACQUISITION SIMPLIFICATION.—(1) In furtherance
of the direction provided by subsection (d) of section 131
of the National Defense Authorization Act for Fiscal Year
1996 to the Secretary of Defense regarding the application
of acquisition reform policies and procedures to the sub-
marine program under that section, the Secretary shall di-
rect the Secretary of the Navy to implement for the sub-
marine programs of the Navy the acquisition reform initia-
tives begun by the Secretary of the Air Force in May 1995
referred to as the ‘‘Lightning Bolt’’ initiatives. The Sec-
retary of the Navy shall, not later than March 31, 1997,
submit to the congressional committees specified in sub-
section (d)(1) a report on the results of the implementation
of such initiatives.
(f) DESIGN RESPONSIBILITY.—(1) The Secretary of the
Navy shall carry out the submarine program described in
section 131 of the National Defense Authorization Act for
Fiscal Year 1996 in a manner that ensures that neither
of the two shipyards has the lead responsibility for sub-
marine design under the program. Each of the two ship-
yards involved in the design and construction of the four
submarines described in that section shall be allowed to pro-
pose to the Secretary any design improvement that ship-
yard considers appropriate for the submarines to be built
at that shipyard as part of those four submarines. Control
of the configuration of each of the four submarines shall
be separately maintained, and there shall be no single de-
sign to compete for serial production with those designs de-
rived from the design work under subsection (b)(5), such
competition to occur not earlier than fiscal year 2003.
(2) The Secretary of the Navy shall submit an annual
report to the committees specified in subsection (d)(1) on
the design improvements proposed by the two shipyards
under paragraph (1) for incorporation on any of the four
submarines using the funds specified in subsection (b)(4).
Each annual report shall set forth each design improvement
proposed and whether that proposal was—
(A) reviewed, approved, and funded by the Navy;
(B) reviewed and approved, but not funded; or
(C) not approved, in which case the report shall
include the reasons therefor and any views of the
shipyard making the proposal.
SEC. 122. COST LIMITATIONS FOR SEAWOLF SUBMARINE
PROGRAM.
(a) FIRST TWO SUBMARINES.—The total amount obli-
gated or expended for procurement of the first two Seawolf-
class submarines (designated as SSN–21 and SSN–22) may
not exceed $4,793,557,000.
(b) THIRD SUBMARINE.—The total amount obligated
or expended for procurement of the third Seawolf-class sub-
marine 
(designated 
as 
SSN–23) 
may 
not 
exceed
$2,430,102,000.
(c) AUTOMATIC INCREASE IN SSN–21 AND SSN–22
LIMITATION AMOUNT.—The amount of the limitation set
forth in subsection (a) is increased by the following
amounts:
(1) The amounts of outfitting costs and post-de-
livery costs incurred for the submarines referred to in
that subsection.
(2) The amounts of increases in costs for those
submarines attributable to economic inflation after
September 30, 1995.
(3) The amounts of increases in costs for those
submarines attributable to compliance with changes
in Federal, State, or local laws enacted after Septem-
ber 30, 1995.
(d) AUTOMATIC INCREASE
IN SSN–23 LIMITATION
AMOUNT.—The amount of the limitation set forth in sub-
section (b) is increased by the following amounts:
(1) The amounts of outfitting costs and post-de-
livery costs incurred for the submarine referred to in
that subsection.
(2) The amounts of increases in costs for that
submarine attributable to economic inflation after
September 30, 1995.
(3) The amounts of increases in costs for that
submarine attributable to compliance with changes in
Federal, State, or local laws enacted after September
30, 1995.
(e) REPEAL
OF SUPERSEDED PROVISION.—Section
133 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 211) is repealed.
SEC. 123. PULSE DOPPLER RADAR MODIFICATION.
The Secretary of the Navy shall, to the extent specifi-
cally provided in an appropriations Act enacted after the
date of the enactment of this Act, spend $29,000,000 solely
for development and procurement of the Pulse Doppler Up-
grade modification to the AN/SPS–48E radar system, to
be derived by the Secretary from amounts appropriated for
Other Procurement, Navy, for fiscal years before fiscal year
1997 that are unobligated and remain available for
obligation.
SEC. 124. REDUCTION IN NUMBER OF VESSELS EXCLUDED
FROM LIMIT ON PURCHASE OF VESSELS
BUILT IN FOREIGN SHIPYARDS.
Section 1023 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2838) is amended by striking out ‘‘three ships’’ and insert-
ing in lieu thereof ‘‘one ship’’.
SEC. 125. T–39N TRAINER AIRCRAFT FOR THE NAVY.
(a) PROCUREMENT.—The Secretary of the Navy shall,
using funds appropriated for fiscal year 1996 for procure-
ment of T–39N trainer aircraft for the Navy that remain
available for obligation for such purpose, enter into a con-
tract only for the acquisition of not less than 17 T–39N
aircraft for naval flight officer training that are suitable
for low-level training flights. The Secretary shall use pro-
curement procedures authorized under section 2304(c) of
title 10, United States Code, for a contract under subsection
(a). The Secretary shall enter into such a contract not later
than 15 days after the date of the enactment of this Act.
(b) CONFORMING REPEAL.—Subsection (a) of section
137 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 212) is repealed.
Subtitle D—Air Force Programs
SEC. 141. REPEAL OF LIMITATION ON PROCUREMENT OF F–
15E AIRCRAFT.
Section 134 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101–189; 103
Stat. 1383) is repealed.
SEC. 142. C–17 AIRCRAFT PROCUREMENT.
The Secretary of the Air Force may, in accordance
with section 2306b of title 10, United States Code, enter
into a multiyear contract under the C–17 aircraft program
for the procurement of a total of not more than 80 aircraft.
Such a contract may (notwithstanding subsection (k) of
such section 2306b) be entered into for a period of six pro-
gram years, beginning with fiscal year 1997.
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 1997 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,669,979,000.
(2) For the Navy, $8,189,957,000.
(3) For the Air Force, $13,271,087,000.
(4) For Defense-wide activities, $9,406,377,000,
of which—
(A) $252,038,000 is authorized for the ac-
tivities of the Director, Test and Evaluation; and
(B) $21,968,000 is authorized for the Direc-
tor of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 1997.—Of the amounts authorized
to be appropriated by section 201, $4,088,043,000 shall be
available for basic research and applied research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DE-
FINED.—For purposes of this section, the term ‘‘basic re-
search and applied research’’ means work funded in pro-
gram elements for defense research and development under
Department of Defense category 6.1 or 6.2.
SEC. 203. DUAL-USE TECHNOLOGY PROGRAMS.
(a) DESIGNATION OF OFFICIAL FOR DUAL-USE PRO-
GRAMS.—The Secretary of Defense shall designate a senior
official in the Office of the Secretary of Defense whose sole
responsibility is developing policy relating to, and ensuring
effective implementation of, dual-use programs and the in-
tegration of commercial technologies into current and future
military systems for the period beginning on October 1,
1996, and ending on September 30, 2000. Such official shall
report directly to the Under Secretary of Defense for Acqui-
sition and Technology.
(b) FUNDING REQUIREMENT.—Of the amounts appro-
priated for the Department of Defense for science and tech-
nology programs for each of fiscal years 1997 through 2000,
at least the following percentages of such amounts shall be
available in the applicable fiscal year only for dual-use pro-
grams of the Department of Defense:
(1) For fiscal year 1997, five percent.
(2) For fiscal year 1998, seven percent.
(3) For fiscal year 1999, 10 percent.
(4) For fiscal year 2000, 15 percent.
(c) LIMITATION ON OBLIGATIONS.—(1) Except as pro-
vided in paragraph (2), funds made available pursuant to
subsection (b) may not be obligated until the senior official
designated under subsection (a) approves the obligation.
(2) Paragraph (1) does not apply with respect to funds
made available pursuant to subsection (b) to the Depart-
ment of the Air Force or to the Defense Advanced Research
Projects Agency.
(d) TRANSFER AUTHORITY.—The Secretary of Defense
may transfer funds made available pursuant to subsection
(b) for a dual-use program from a military department or
defense agency to another military department or defense
agency to ensure efficient implementation of the program.
The Secretary may delegate the authority provided in the
preceding sentence to the senior official designated under
subsection (a).
(e) FEDERAL COST SHARE.—(1) The share contributed
by the Secretary of a military department for the cost of
a dual-use program during the fiscal years 1997, 1998,
1999, and 2000 may not be greater than 50 percent.
(2) In calculating the share of the costs of a dual-use
program contributed by a military department or a non-
Government entity, the Secretaries of the military depart-
ments may not consider in-kind contributions.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘dual-use program’’ means a pro-
gram of a military department—
(A) under which research or development of
a dual-use technology (as defined in section 2491
of title 10, United States Code) is carried out;
and
(B) the costs of which are shared between
the Department of Defense and non-Government
entities.
(2) The term ‘‘science and technology program’’
means a program of a military department under
which basic research, applied research, or advanced
technology development is carried out.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) ALLOCATION OF FUNDS.—Of the amount appro-
priated pursuant to the authorization in section 201(3),
$50,000,000 shall be available for a competitive reusable
launch vehicle technology program (PE 63401F).
(b) LIMITATION.—Funds made available pursuant to
subsection (a)(1) may be obligated only to the extent that
the fiscal year 1997 current operating plan of the National
Aeronautics and Space Administration allocates at least an
equal amount for its Reusable Space Launch Vehicle pro-
gram.
SEC. 212. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR-
CRAFT.
(a) AUTHORITY
FOR RETROACTIVE WAIVER.—The
Secretary of Defense may exercise the waiver authority in
section 2366(c) of title 10, United States Code, with respect
to the application of survivability testing to the V–22 air-
craft system, notwithstanding that such system has entered
engineering and manufacturing development.
(b) REPORT TO CONGRESS.—In exercising the waiver
authority in section 2366(c), the Secretary shall submit to
Congress a report explaining how the Secretary plans to
evaluate the survivability of the V–22 aircraft system and
assessing possible alternatives to realistic survivability test-
ing of the system.
(c) ALTERNATIVE SURVIVABILITY TESTING REQUIRE-
MENTS.—If the Secretary of Defense submits a certification
under section 2366(c)(2) of such title that live-fire testing
of the V–22 aircraft system under such section would be
unreasonably expensive and impractical, the Secretary
shall require that sufficiently large and realistic compo-
nents and subsystems that could affect the survivability of
the V–22 aircraft system be made available for any alter-
native live-fire testing of such system.
(d) FUNDING.—The funds required to carry out any
alternative live-fire testing of the V–22 aircraft system shall
SEC. 214. DEMILITARIZATION OF CONVENTIONAL MUNI-
TIONS, ROCKETS, AND EXPLOSIVES.
(a) ESTABLISHMENT OF CONVENTIONAL MUNITIONS,
ROCKETS, 
AND
EXPLOSIVES
DEMILITARIZATION
PRO-
GRAM.—The Secretary of Defense shall establish an inte-
grated program for the development and demonstration of
technologies for the demilitarization and disposal of conven-
tional munitions, rockets, and explosives in a manner that
complies with applicable environmental laws.
(b) DURATION
OF PROGRAM.—The program estab-
lished pursuant to subsection (a) shall be in effect for a pe-
riod of at least five years, beginning with fiscal year 1997.
(c) FUNDING.—Of the amount authorized to be appro-
priated in section 201, $15,000,000 is authorized to be ap-
propriated for the program established pursuant to sub-
section (a). The funding request for the program shall be
set forth separately in the budget justification documents
for the budget of the Department of Defense for each fiscal
year during which the program is in effect.
(d) REPORTS.—The Secretary of Defense shall submit
to Congress a report on the plan for the program established
pursuant to subsection (a) at the same time the President
submits to Congress the budget for fiscal year 1998. The
Secretary shall submit an updated version of such report,
setting forth in detail the progress of the program, at the
same time the President submits the budget for each fiscal
year after fiscal year 1998 during which the program is
in effect.
SEC. 215. RESEARCH ACTIVITIES OF THE DEFENSE AD-
VANCED RESEARCH PROJECTS AGENCY RE-
LATING TO CHEMICAL AND BIOLOGICAL WAR-
FARE DEFENSE TECHNOLOGY.
(a) AUTHORITY.—Section 1701(c) of the National De-
fense Authorization Act for Fiscal Year 1994 (Public Law
103–160; 107 Stat. 1853; 50 U.S.C. 1522) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new para-
graph:
‘‘(2) The Director of the Defense Advanced Research
Projects Agency may conduct a program of basic and ap-
plied research and advanced technology development on
chemical and biological warfare defense technologies and
systems. In conducting such program, the Director shall
seek to avoid unnecessary duplication of the activities under
the program with chemical and biological warfare defense
activities of the military departments and defense agencies
and shall coordinate the activities under the program with
those of the military departments and defense agencies.’’.
(b) FUNDING.—Section 1701(d) of such Act is amend-
ed—
(1) in paragraph (1), by striking out ‘‘military
departments’’ and inserting in lieu thereof ‘‘Depart-
ment of Defense’’;
(2) in paragraph (2), by inserting after ‘‘re-
quests for the program’’ in the first sentence the fol-
lowing: ‘‘(other than for activities under the program
conducted by the Defense Advanced Research Projects
Agency under subsection (c)(2))’’;
(3) by redesignating paragraph (3) as para-
graph (4); and
(4) by inserting after paragraph (2) the follow-
ing new paragraph (3):
‘‘(3) The program conducted by the Defense Advanced
Research Projects Agency under subsection (c)(2) shall be
set forth as a separate program element in the budget of
that agency.’’.
SEC. 216. LIMITATION ON FUNDING FOR F–16 TACTICAL
MANNED RECONNAISSANCE AIRCRAFT.
(a) LIMITATION.—Effective on the date of the enact-
ment of this Act, not more than $50,000,000 (in fiscal year
1997 constant dollars) may be obligated or expended for—
(1) research, development, test, and evaluation
for, and acquisition and modification of, the F–16
tactical manned reconnaissance aircraft program;
and
(2) costs associated with the termination of such
program.
(b) EXCEPTION.—The limitation in subsection (a)
shall not apply to obligations required for improvements
planned before the date of the enactment of this Act to incor-
porate the common data link into the F–16 tactical manned
reconnaissance aircraft.
SEC. 217. UNMANNED AERIAL VEHICLES.
(a) PROHIBITION.—(1) The Secretary of Defense may
not enter into a contract for the Joint Tactical Unmanned
Aerial Vehicle project, and no funds authorized to be appro-
priated by this Act may be obligated for such project, until
a period of 30 days has expired after the date on which
the Secretary of Defense submits to Congress a certification
that the reconnaissance programs of the Department of De-
fense—
(A) are justified on the basis of the projected na-
tional security threat;
(B) have been subjected to a roles and missions
determination;
(C) are supported by an overall national, joint,
and tactical reconnaissance plan;
(D) are affordable within the budget of the De-
partment of Defense as projected by the future-years
defense program; and
(E) are fully programmed for in the future-years
defense program.
(2) In this subsection, the term ‘reconnaissance pro-
grams of the Department of Defense’ means programs for
tactical unmanned aerial vehicles, endurance unmanned
aerial vehicles, airborne reconnaissance, manned reconnais-
sance, and distributed common ground systems that—
(A) are described in the budget justification doc-
uments of the Defense Airborne Reconnaissance Office;
(B) are included in the funding request for the
Department of Defense; or
(C) are certified as acquisition reconnaissance
requirements by the Joint Requirements Oversight
Council for the future-years defense program.
(b) PROCUREMENT FUNDING REQUEST.—The funding
request for procurement for unmanned aerial vehicles for
any fiscal year shall be set forth under the funding requests
for the military departments in the budget of the Depart-
ment of Defense.
(c) TRANSFER OF PROGRAM MANAGEMENT.—Program
management for the Predator Unmanned Aerial Vehicle,
and programmed funding for such vehicle for fiscal years
1998, 1999, 2000, 2001, and 2002 (as set forth in the future-
years defense program), shall be transferred to the Depart-
ment of the Air Force, effective October 1, 1996, or the date
of the enactment of this Act, whichever is later.
(d) PROHIBITION ON PROVIDING OPERATING CAPABIL-
ITY FROM NAVAL VESSELS.—No funds authorized to be ap-
propriated by this Act may be obligated for purposes of pro-
viding the capability of the Predator Unmanned Aerial Ve-
hicle to operate from naval vessels.
(e) FUNDING.—Of the amounts authorized to be appro-
priated by section 201 for program element 35154D,
$10,000,000 shall be available only for an advanced con-
cepts technology demonstration of air-to-surface precision
guided munitions employment using a Predator, Hunter,
or Pioneer unmanned aerial vehicle and a nondevelopmen-
tal laser target designator.
SEC. 218. HYDRA–70 ROCKET PRODUCT IMPROVEMENT PRO-
GRAM.
(a) FUNDING AUTHORIZATION.—Of the amount au-
thorized to be appropriated under section 201(1) for the
Army for Other Missile Product Improvement Programs,
$15,000,000 is authorized as specified in subsection (b) for
completion of the Hydra–70 product improvement program
authorized for fiscal year 1996.
(b) AUTHORIZED ACTIONS.—Funding is authorized to
be appropriated for the following:
(1) Procurement for test and flight qualification
of at least one nondevelopmental item 2.75-inch com-
posite rocket motor type, along with other nondevel-
opmental item candidate motors that use composite
propellent as the propulsion component and that have
passed initial insensitive munition criteria tests.
(2) Platform integration, including additional
quantities of the motor chosen for operational certifi-
cation on the Apache attack helicopter.
(c) DEFINITION.—In this section, the term ‘‘nondevel-
opmental item’’ has the meaning provided in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C.
403) and also includes an item the flight capability of
which has been demonstrated from a current Hydra–70
rocket launcher.
SEC. 219. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) FUNDING.—Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are au-
thorized to be made available for the Space-Based Infrared
System program for purposes and in amounts as follows:
(1) For Space Segment High, $180,390,000.
(2) For Space Segment Low (the Space and Mis-
sile Tracking System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) LIMITATION.—None of the funds authorized under
subsection (a) to be made available for the Space-Based In-
frared System program may be obligated or expended until
the Secretary of Defense certifies to Congress that the re-
quirements of section 216(a) of Public Law 104–106 (110
Stat. 220) have been carried out.
(c) PROGRAM MANAGEMENT.—Before the submission of
the President’s budget for fiscal year 1998, the Secretary
of Defense shall conduct a review of the appropriate man-
agement responsibilities for the Space and Missile Tracking
System, including whether transferring such management
responsibility from the Air Force to the Ballistic Missile
Defense Organization would result in improved program ef-
ficiencies and support.
SEC. 220. JOINT ADVANCED STRIKE TECHNOLOGY (JAST)
PROGRAM.
(a) ALLOCATION OF FUNDS.—Of the amounts author-
ized to be appropriated pursuant to the authorizations in
section 201, $589,069,000 shall be available only for ad-
vanced technology development for the Joint Advanced
Strike Technology (JAST) program. Of that amount—
(1) $246,833,000 shall be available only for pro-
gram element 63800N in the budget of the Depart-
ment of Defense for fiscal year 1997;
(2) $263,836,000 shall be available only for pro-
gram element 63800F in the budget of the Depart-
ment of Defense for fiscal year 1997; and
(3) $78,400,000 shall be available only for pro-
gram element 63800E in the budget of the Depart-
ment of Defense for fiscal year 1997.
(b) LIMITATION.—None of the funds authorized to be
appropriated pursuant to the authorizations in section 201
may be used for Advanced Short Takeoff and Vertical Land-
ing aircraft development.
(c) FORCE STRUCTURE ANALYSIS.—Of the amount
made available under subsection (a), up to $10,000,000
shall be available for the conduct of an analysis by the In-
stitutes of Defense Analysis of the following:
(1) The weapons systems force structure require-
ments to meet the projected threat for the period be-
ginning on January 1, 2000, and ending on Decem-
ber 31, 2025.
(2) Alternative force structures, including, at a
minimum, JAST derivative aircraft; remanufactured
AV–8 aircraft; F–18C/D, F–18E/F, AH–64, AH–1W,
F–14, F–16, F–15, F–117, and F–22 aircraft; and
air-to-surface and surface-to-surface weapons systems.
(3) Affordability, effectiveness, commonality, and
roles and missions alternatives related to the alter-
native force structures analyzed under paragraph (2).
(d) COST REVIEW.—The cost analysis and improve-
ment group of the Office of the Secretary of Defense shall
review cost estimates made under the analysis conducted
under subsection (c) and shall provide a sensitivity analysis
for the alternatives evaluated under paragraphs (2) and (3)
of subsection (c).
(e) DEADLINE.—The Secretary of Defense shall submit
to the congressional defense committees a copy of the analy-
sis conducted under subsection (c) and the review conducted
under subsection (d) not later than February 1, 1997.
SEC. 221. JOINT UNITED STATES-ISRAELI NAUTILUS LASER/
THEATER HIGH ENERGY LASER PROGRAM.
The Congress strongly supports the Joint United
States-Israeli Nautilus Laser/Theater High Energy Laser
programs and encourages the Secretary of Defense to request
authorization to develop these programs as agreed to on
April 28, 1996, in the statement of intent signed by the
Secretary of Defense and the Prime Minister of the State
of Israel.
SEC. 222. NONLETHAL WEAPONS RESEARCH AND DEVELOP-
MENT PROGRAM.
Of the amounts authorized to be appropriated by sec-
tion 201 for program element 63640M, $3,000,000 shall be
available for the Nonlethal Weapons Research and Develop-
ment Program.
Subtitle C—Ballistic Missile
Defense Programs
SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PRO-
GRAMS FOR FISCAL YEAR 1997.
Of the amount appropriated pursuant to section
201(4), not more than $3,258,982,000 may be obligated for
programs managed by the Ballistic Missile Defense Organi-
zation.
SEC 232. CERTIFICATION OF CAPABILITY OF UNITED
STATES TO DEFEND AGAINST SINGLE BALLIS-
TIC MISSILE.
Not later than 15 days after the date of the enactment
of this Act, the President shall submit to Congress a certifi-
cation in writing stating specifically whether or not the
United States has the military capability (as of the time
of the certification) to intercept and destroy a single ballis-
tic missile launched at the territory of the United States.
SEC. 233. POLICY ON COMPLIANCE WITH THE ABM TREATY.
(a) POLICY CONCERNING SYSTEMS SUBJECT TO ABM
TREATY.—Congress finds that, unless and until a missile
defense system, system upgrade, or system component is
flight tested in an ABM-qualifying flight test (as defined
in subsection (c)), such system, system upgrade, or system
component—
(1) has not, for purposes of the ABM Treaty,
been tested in an ABM mode nor been given capabili-
ties to counter strategic ballistic missiles; and
(2) therefore is not subject to any application,
limitation, or obligation under the ABM Treaty.
(b) PROHIBITIONS.—(1) Funds appropriated to the
Department of Defense may not be obligated or expended
for the purpose of—
(A) prescribing, enforcing, or implementing any
Executive order, regulation, or policy that would
apply the ABM Treaty (or any limitation or obliga-
tion under such Treaty) to research, development,
testing, or deployment of a theater missile defense sys-
tem, a theater missile defense system upgrade, or a
theater missile defense system component; or
(B) taking any other action to provide for the
ABM Treaty (or any limitation or obligation under
such Treaty) to be applied to research, development,
testing, or deployment of a theater missile defense sys-
tem, a theater missile defense system upgrade, or a
theater missile defense system component.
(2) This subsection applies with respect to each missile
defense system, missile defense system upgrade, or missile
defense system component that is capable of countering
modern theater ballistic missiles.
(3) This subsection shall cease to apply with respect
to a missile defense system, missile defense system upgrade,
or missile defense system component when that system, sys-
tem upgrade, or system component has been flight tested
in an ABM-qualifying flight test.
(c) ABM-QUALIFYING FLIGHT TEST DEFINED.—For
purposes of this section, an ABM-qualifying flight test is
a flight test against a ballistic missile which, in that flight
test, exceeds (1) a range of 3,500 kilometers, or (2) a velocity
of 5 kilometers per second.
SEC. 234. REQUIREMENT THAT MULTILATERALIZATION OF
THE ABM TREATY BE DONE ONLY THROUGH
TREATY-MAKING POWER.
Any addition of a new signatory party to the ABM
Treaty (in addition to the United States and the Russian
Federation) constitutes an amendment to the treaty that
can only be agreed to by the United States through the trea-
ty-making power of the United States. No funds appro-
priated or otherwise available for any fiscal year may be
obligated or expended for the purpose of implementing or
making binding upon the United States the participation
types of missiles other states might seek to acquire as
a result.
(4) A detailed review of the linkages between
missile defenses (both theater and national) and each
of the categories of counterproliferation activities
identified by the Secretary of Defense as part of the
Defense Counterproliferation Initiative announced by
the Secretary in December 1993.
(5) A description of how theater and national
ballistic missile defenses can augment the effectiveness
of other counterproliferation tools.
SEC. 236. REVISION TO ANNUAL REPORT ON BALLISTIC
MISSILE DEFENSE PROGRAM.
Section 224(b) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note)
is amended—
(1) by striking out paragraphs (3), (4), and
(10);
(2) by redesignating paragraphs (5) and (6) as
paragraphs (3) and (4), respectively;
(3) by redesignating paragraph (7) as para-
graph (5) and in that paragraph by striking out ‘‘of
the Soviet Union’’ and ‘‘for the Soviet Union’’;
(4) by redesignating paragraph (8) as para-
graph (6); and
(5) by redesignating paragraph (9) as para-
graph (7) and in that paragraph—
(A) by striking out ‘‘of the Soviet Union’’
in subparagraph (A);
(B) by striking out subparagraphs (C)
through (F); and
(C) by redesignating subparagraph (G) as
subparagraph (C).
SEC. 237. 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 Missile Systems, and signed at Mos-
cow on May 26, 1972, and includes the Protocols to that
Treaty, signed at Moscow on July 3, 1974.
SEC. 238. CAPABILITY OF NATIONAL MISSILE DEFENSE SYS-
TEM.
The Secretary of Defense shall ensure that any Na-
tional Missile Defense system deployed by the United States
is capable of defeating the threat posed by the Taepo Dong
II missile of North Korea.
Subtitle D—Other Matters
SEC. 241. UNIFORM PROCEDURES AND CRITERIA FOR MAIN-
TENANCE AND REPAIR AT AIR FORCE INSTAL-
LATIONS.
The Secretary of the Air Force shall apply uniform
procedures and criteria to allocate funds authorized to be
appropriated pursuant to this title and title III of this Act
for maintenance and repair of real property at military
installations of the Department of the Air Force.
SEC. 242. REQUIREMENTS RELATING TO SMALL BUSINESS
INNOVATION RESEARCH PROGRAM.
(a) MANAGEMENT AND EXECUTION BY PROGRAM MAN-
AGER.—The Secretary of Defense, in conducting within the
Department of Defense the Small Business Innovation Re-
search Program (as defined by section 2491(13) of title 10,
United States Code), shall ensure that the Program is man-
aged and executed, for each program element for research
and development for which $20,000,000 or more is author-
ized for a fiscal year, by the program manager for that ele-
ment.
(b) REPORT.—Not later than March 30, 1997, the
Comptroller General shall submit to Congress and to the
Secretary of Defense a report setting forth an assessment
of whether there has been a demonstrable reduction in the
quality of research performed under funding agreements
awarded by the Department of Defense under the Small
Business Innovation Research Program since fiscal year
1995.
SEC. 243. EXTENSION OF DEADLINE FOR DELIVERY OF EN-
HANCED 
FIBER 
OPTIC 
GUIDED 
MISSILE
(EFOG–M) SYSTEM.
Section 272(a)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 239) is amended by striking out ‘‘September 30,
1998,’’ and inserting in lieu thereof ‘‘September 30, 1999,’’.
SEC. 244. AMENDMENT TO UNIVERSITY RESEARCH INITIA-
TIVE SUPPORT PROGRAM.
Section 802(c) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.
1701; 10 U.S.C. 2358 note) is amended by striking out ‘‘fis-
cal years before the fiscal year in which the institution sub-
mits a proposal’’ and inserting in lieu thereof ‘‘most recent
fiscal years for which complete statistics are available when
proposals are requested’’.
SEC. 245. AMENDMENTS TO DEFENSE EXPERIMENTAL PRO-
GRAM 
TO 
STIMULATE 
COMPETITIVE 
RE-
SEARCH.
Section 257(d) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2705; 10 U.S.C. 2358 note) is amended—
(1) in paragraph (1)—
(A) by striking out ‘‘Director of the Na-
tional Science Foundation’’ and inserting in lieu
thereof ‘‘Under Secretary of Defense for Acquisi-
tion and Technology’’; and
(B) by striking out ‘‘and shall notify the
Director of Defense Research and Engineering of
the States so designated’’; and
(2) in paragraph (2)—
(A) by striking out ‘‘Director of the Na-
tional Science Foundation’’ and inserting in lieu
thereof ‘‘Under Secretary of Defense for Acquisi-
tion and Technology’’;
(B) by striking out ‘‘as determined by the
Director’’ and inserting in lieu thereof ‘‘as deter-
mined by the Under Secretary’’;
(C) in subparagraph (A), by striking out
‘‘(to be determined in consultation with the Sec-
retary of Defense);’’ and inserting in lieu thereof
‘‘; and’’;
(D) by striking out ‘‘; and’’ at the end of
subparagraph (B) and inserting in lieu thereof a
period; and
(E) by striking out subparagraph (C).
SEC. 246. ELIMINATION OF REPORT ON THE USE OF COM-
PETITIVE PROCEDURES FOR THE AWARD OF
CERTAIN CONTRACTS TO COLLEGES AND UNI-
VERSITIES.
Section 2361 of title 10, United States Code, is amend-
ed by striking out subsection (c).
SEC. 247. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO-
GRAM.
(a) FINDINGS.—Congress finds the following:
(1) The oceans and coastal areas of the United
States are among the Nation’s most valuable natural
resources, making substantial contributions to eco-
nomic growth, quality of life, and national security.
(2) Oceans drive global and regional climate.
Hence, they contain information affecting agriculture,
fishing, and the prediction of severe weather.
(3) Understanding of the oceans through basic
and applied research is essential for using the oceans
wisely and protecting their limited resources. There-
fore, the United States should maintain its world
leadership in oceanography as one key to its competi-
tive future.
(4) Ocean research and education activities take
place within Federal agencies, academic institutions,
and industry. These entities often have similar re-
quirements for research facilities, data, and other re-
sources (such as oceanographic research vessels).
(5) The need exists for a formal mechanism to
coordinate existing partnerships and establish new
partnerships for the sharing of resources, intellectual
talent, and facilities in the ocean sciences and edu-
cation, so that optimal use can be made of this most
important natural resource for the well-being of all
Americans.
(b) PROGRAM REQUIRED.—(1) Subtitle C of title 10,
United States Code, is amended by adding after chapter
663 the following new chapter:
‘‘CHAPTER 
665—NATIONAL 
OCEANO-
GRAPHIC PARTNERSHIP PROGRAM
‘‘Sec.
‘‘7901. National Oceanographic Partnership Program.
‘‘7902. National Ocean Research Leadership Council.
‘‘7903. Ocean Research Partnership Coordinating Group.
‘‘7904. Ocean Research Advisory Panel.
‘‘§ 7901. National Oceanographic Partnership Pro-
gram
‘‘(a) ESTABLISHMENT.—The Secretary of the Navy
shall establish a program to be known as the ‘National
Oceanographic Partnership Program’.
‘‘(b) PURPOSES.—The purposes of the program are as
follows:
‘‘(1) To promote the national goals of assuring
national security, advancing economic development,
protecting quality of life, and strengthening science
education and communication through improved
knowledge of the ocean.
‘‘(2) To coordinate and strengthen oceanographic
efforts in support of those goals by—
‘‘(A) identifying and carrying out partner-
ships among Federal agencies, academia, indus-
try, and other members of the oceanographic sci-
entific community in the areas of data, re-
sources, education, and communication; and
‘‘(B) reporting annually to Congress on the
program.
‘‘§ 7902. National Ocean Research Leadership Council
‘‘(a) COUNCIL.—There is a National Ocean Research
Leadership Council (hereinafter in this chapter referred to
as the ‘Council’).
‘‘(b) MEMBERSHIP.—The Council is composed of the
following members:
‘‘(1) The Secretary of the Navy, who shall be the
Chairman of the Council.
‘‘(2) The Administrator of the National Oceanic
and Atmospheric Administration, who shall be the
Vice Chairman of the Council.
‘‘(3) The Director of the National Science Foun-
dation.
‘‘(4) The Administrator of the National Aero-
nautics and Space Administration.
‘‘(5) The Deputy Secretary of Energy.
‘‘(6) The Administrator of the Environmental
Protection Agency.
‘‘(7) The Commandant of the Coast Guard.
‘‘(8) The Director of the Geological Survey of the
Department of the Interior.
‘‘(9) The Director of the Defense Advanced Re-
search Projects Agency.
‘‘(10) The Director of the Minerals Management
Service of the Department of the Interior.
‘‘(11) The President of the National Academy of
Sciences, the President of the National Academy of
Engineering, and the President of the Institute of
Medicine.
‘‘(12) The Director of the Office of Science and
Technology.
‘‘(13) The Director of the Office of Management
and Budget.
‘‘(14) One member appointed by the Chairman
from among individuals who will represent the views
of ocean industries.
‘‘(15) One member appointed by the Chairman
from among individuals who will represent the views
of State governments.
‘‘(16) One member appointed by the Chairman
from among individuals who will represent the views
of academia.
‘‘(17) One member appointed by the Chairman
from among individuals who will represent such other
views as the Chairman considers appropriate.
‘‘(c) TERM OF OFFICE.—The term of office of a mem-
ber of the Council appointed under paragraph (14), (15),
(16), or (17) of subsection (b) shall be two years, except
that any person appointed to fill a vacancy occurring before
the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such
term.
‘‘(d) RESPONSIBILITIES.—The Council shall have the
following responsibilities:
‘‘(1) To establish the Ocean Research Partner-
ship Coordinating Group as provided in section 7903.
‘‘(2) To establish the Ocean Research Advisory
Panel as provided in section 7904.
‘‘(3) To submit to Congress an annual report
pursuant to subsection (e).
‘‘(e) ANNUAL REPORT.—Not later than March 1 of
each year, the Council shall submit to Congress a report
on the National Oceanographic Partnership Program. The
report shall contain the following:
‘‘(1) A description of activities of the program
carried out during the fiscal year before the fiscal
year in which the report is prepared. The description
also shall include a list of the members of the Ocean
Research Partnership Coordinating Group, the Ocean
Research Advisory Panel, and any working groups in
existence during the fiscal year covered.
‘‘(2) A general outline of the activities planned
for the program during the fiscal year in which the
report is prepared.
‘‘(3) A summary of projects continued from the
fiscal year before the fiscal year in which the report
is prepared and projects expected to be started during
the fiscal year in which the report is prepared and
during the following fiscal year.
‘‘(4) A description of the involvement of the pro-
gram with Federal interagency coordinating entities.
‘‘(5) The amounts requested, in the budget sub-
mitted to Congress pursuant to section 1105(a) of title
31 for the fiscal year following the fiscal year in
which the report is prepared, for the programs,
projects, and activities of the program and the esti-
mated expenditures under such programs, projects,
and activities during such following fiscal year.
‘‘§ 7903. Ocean Research Partnership Coordinating
Group
‘‘(a) ESTABLISHMENT.—The Council shall establish an
entity to be known as the ‘Ocean Research Partnership Co-
ordinating Group’ (hereinafter in this chapter referred to
as the ‘Coordinating Group’).
‘‘(b) MEMBERSHIP.—The Coordinating Group shall
consist of members appointed by the Council, with one
member appointed from each Federal department or agency
having an oceanographic research or development program.
‘‘(c) CHAIRMAN.—The Council shall appoint the
Chairman of the Coordinating Group.
‘‘(d) RESPONSIBILITIES.—Subject to the authority, di-
rection, and control of the Council, the Coordinating Group
shall have the following responsibilities:
‘‘(1) To prescribe policies and procedures to im-
plement the National Oceanographic Partnership Pro-
gram.
‘‘(2) To review, select, and identify and allocate
funds for partnership projects for implementation
under the program, based on the following criteria:
‘‘(A) Whether the project addresses critical
research objectives or operational goals, such as
data accessibility and quality assurance, sharing
of resources, education, or communication.
‘‘(B) Whether the project has broad partici-
pation within the oceanographic community.
‘‘(C) Whether the partners have a long-term
commitment to the objectives of the project.
‘‘(D) Whether the resources supporting the
project are shared among the partners.
‘‘(E) Whether the project has been subjected
to adequate peer review.
‘‘(3) To promote participation in partnership
projects by each Federal department and agency in-
volved with oceanographic research and development
by publicizing the program and by prescribing guide-
lines for participation in the program.
‘‘(4) To submit to the Council an annual report
pursuant to subsection (i).
‘‘(e) PARTNERSHIP PROGRAM OFFICE.—The Coordi-
nating Group shall establish, using competitive procedures,
and oversee a partnership program office to carry out such
duties as the Chairman of the Coordinating Group consid-
ers appropriate to implement the National Oceanographic
Partnership Program, including the following:
‘‘(1) To establish and oversee working groups to
propose partnership projects to the Coordinating
Group and advise the Group on such projects.
‘‘(2) To manage peer review of partnership
projects proposed to the Coordinating Group and
competitions for projects selected by the Group.
‘‘(3) To submit to the Coordinating Group an
annual report on the status of all partnership projects
and activities of the office.
‘‘(f) CONTRACT AND GRANT AUTHORITY.—The Coordi-
nating Group may authorize one or more of the depart-
ments or agencies represented in the Group to enter into
contracts and make grants, using funds appropriated pur-
suant to an authorization for the National Oceanographic
Partnership Program, for the purpose of implementing the
program and carrying out the Coordinating Group’s re-
sponsibilities.
‘‘(g) FORMS OF PARTNERSHIP PROJECTS.—Partner-
ship projects selected by the Coordinating Group may be
in any form that the Coordinating Group considers appro-
priate, including memoranda of understanding, demonstra-
tion projects, cooperative research and development agree-
ments, and similar instruments.
‘‘(h) ANNUAL REPORT.—Not later than February 1 of
each year, the Coordinating Group shall submit to the
Council a report on the National Oceanographic Partner-
ship Program. The report shall contain, at a minimum,
copies of any recommendations or reports to the Coordinat-
ing Group by the Ocean Research Advisory Panel.
‘‘§ 7904. Ocean Research Advisory Panel
‘‘(a) ESTABLISHMENT.—The Council shall appoint an
Ocean Research Advisory Panel (hereinafter in this chapter
referred to as the ‘Advisory Panel’) consisting of not less
than 10 and not more than 18 members.
‘‘(b) MEMBERSHIP.—Members of the Advisory Panel
shall be appointed from among persons who are eminent
in the fields of marine science or marine policy, or related
fields, and who are representative, at a minimum, of the
interests of government, academia, and industry.
‘‘(c) RESPONSIBILITIES.—(1) The Coordinating Group
shall refer to the Advisory Panel, and the Advisory Panel
shall review, each proposed partnership project estimated
to cost more than $500,000. The Advisory Panel shall make
any recommendations to the Coordinating Group that the
Advisory Panel considers appropriate regarding such
projects.
‘‘(2) The Advisory Panel shall make any recommenda-
tions to the Coordinating Group regarding activities that
should be addressed by the National Oceanographic Part-
nership Program that the Advisory Panel considers appro-
priate.’’.
(2) The tables of chapters at the beginning of subtitle
C of title 10, United States Code, and at the beginning of
part IV of such subtitle, are each amended by inserting after
the item relating to chapter 663 the following:
‘‘665. National Oceanographic Partnership Program .......... 7901’’.
(c) INITIAL APPOINTMENTS OF COUNCIL MEMBERS.—
The Secretary of the Navy shall make the appointments re-
quired by section 7902(b) of title 10, United States Code,
as added by subsection (b)(1), not later than December 1,
1996.
(d) INITIAL APPOINTMENTS
OF ADVISORY PANEL
MEMBERS.—The National Ocean Research Leadership
Council established by section 7902 of title 10, United
States Code, as added by subsection (b)(1), shall make the
appointments required by section 7904 of such title not
later than January 1, 1997.
(e) FIRST ANNUAL REPORT OF NATIONAL OCEAN RE-
SEARCH LEADERSHIP COUNCIL.—The first annual report
required by section 7902(e) of title 10, United States Code,
as added by subsection (b)(1), shall be submitted to Congress
not later than March 1, 1997. The first report shall include,
in addition to the information required by such section, in-
formation about the terms of office, procedures, and respon-
sibilities of the Ocean Research Advisory Panel established
by the Council.
(f) AUTHORIZATION.—Of the amount authorized to be
appropriated to the Department of Defense in section 201,
$30,000,000 is authorized for the National Oceanographic
Partnership Program established pursuant to section 7901
of title 10, United States Code, as added by subsection
(b)(1).
(g) REQUIRED FUNDING FOR PROGRAM OFFICE.—Of
the amount appropriated for the National Oceanographic
Partnership Program for fiscal year 1997, at least
$500,000, or 3 percent of the amount appropriated, which-
ever is greater, shall be available for operations of the part-
nership program office established pursuant to section
7903(e) of title 10, United States Code, for such fiscal year.
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 1997 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, $18,436,929,000.
(2) For the Navy, $20,433,797,000.
(3) For the Marine Corps, $2,524,677,000.
(4) For the Air Force, $17,982,955,000.
(5) For Defense-wide activities, $10,375,368,000.
(6) For the Army Reserve, $1,155,436,000.
(7) For the Naval Reserve, $858,927,000.
(8) For the Marine Corps Reserve, $106,467,000.
(9) For the Air Force Reserve, $1,504,553,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,297,477,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,688,473,000.
(12) 
For 
the 
Defense 
Inspector 
General,
$136,501,000.
(13) For the United States Court of Appeals for
the Armed Forces, $6,797,000.
(14) For Environmental Restoration, Defense,
$1,333,016,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $682,724,000.
(16) 
For 
Medical 
Programs, 
Defense,
$9,831,288,000.
(17) For Cooperative Threat Reduction pro-
grams, $302,900,000.
(18) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $60,544,000.
(19) 
For 
payment 
to 
Kaho’olawe 
Island,
$10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Business Operations Fund,
$947,900,000.
(2) For the National Defense Sealift Fund,
$1,123,002,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1997 from the Armed Forces Retirement Home Trust
Fund the sum of $57,300,000 for the operation of the Armed
Forces Retirement Home, including the United States Sol-
diers’ and Airmen’s Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in
appropriations Acts, not more than $250,000,000 is author-
ized to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts
for fiscal year 1997 in amounts as follows:
(1) For the Army, $83,334,000.
(2) For the Navy, $83,333,000.
(3) For the Air Force, $83,333,000.
(b) TREATMENT
OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts
in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in this section is in
addition to the transfer authority provided in section 1001.
Subtitle B—Depot-Level Activities
SEC. 311. 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) is amended by striking out ‘‘September 30, 1996’’
and inserting in lieu thereof ‘‘September 30, 1997’’.
SEC. 312. EXCLUSION OF LARGE MAINTENANCE AND RE-
PAIR PROJECTS FROM PERCENTAGE LIMITA-
TION ON CONTRACTING FOR DEPOT-LEVEL
MAINTENANCE.
Section 2466 of title 10, United States Code, is amend-
ed by inserting after subsection (a) the following new sub-
section:
‘‘(b) TREATMENT OF CERTAIN LARGE PROJECTS.—If
a single maintenance or repair project contracted for per-
formance by non-Federal Government personnel accounts
for five percent or more of the funds made available in a
fiscal year to a military department or a Defense Agency
for depot-level maintenance and repair workload, the
project and the funds necessary for the project shall not be
considered when applying the percentage limitation speci-
fied in subsection (a) to that military department or De-
fense Agency.’’.
Subtitle C—Environmental
Provisions
SEC. 321. REPEAL OF REPORT ON CONTRACTOR REIM-
BURSEMENT COSTS.
Section 2706 of title 10, United States Code, is amend-
ed—
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
SEC. 322. PAYMENTS OF STIPULATED PENALTIES ASSESSED
UNDER CERCLA.
The Secretary of Defense may pay, from funds appro-
priated pursuant to section 301(14), the following:
(1) Stipulated civil penalties, to the Hazardous
Substance Superfund established under section 9507
of the Internal Revenue Code of 1986, in amounts as
follows:
(A) Not more than $34,000 assessed against
the United States Army at Fort Riley, Kansas,
under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(B) Not more than $55,000 assessed against
the Massachusetts Military Reservation, Massa-
chusetts, under such Act.
(C) Not more than $10,000 assessed against
the F.E. Warren Air Force Base, Wyoming,
under such Act.
(D) Not more than $30,000 assessed against
the Naval Education and Training Center, New-
port, Rhode Island, under such Act.
(E) Not more than $37,500 assessed against
Lake City Army Ammunition Plant, under such
Act.
(2) Not more than $500,000 to carry out two en-
vironmental restoration projects, as part of a nego-
tiated agreement in lieu of stipulated penalties as-
sessed under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) against the Massachusetts Mili-
tary Reservation, Massachusetts.
SEC. 323. CONSERVATION AND READINESS PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Defense may
establish and carry out a program to be known as the ‘‘Con-
servation and Readiness Program’’.
(b) PURPOSE.—The purpose of the Conservation and
Readiness Program is to conduct and manage in a coordi-
nated manner those conservation and cultural activities
that have regional, multicomponent, or Department of De-
fense-wide significance and are necessary to meet legal re-
quirements or to support military operations. These activi-
ties include the following:
(1) The development of ecosystem-wide land
management plans.
(2) The conduct of wildlife studies to ensure the
safety of military operations.
(3) The identification and return of Native
American human remains and cultural items in the
possession or control of the Department of Defense, or
discovered on land under the jurisdiction of the De-
partment of Defense, to the appropriate Native Amer-
ican tribes.
(4) The control of invasive species that may
hinder military activities or degrade military train-
ing ranges.
(5) The establishment of a regional curation sys-
tem for artifacts found on military installations.
(c) COOPERATIVE AGREEMENTS AND GRANTS.—The
Secretary of Defense may negotiate and enter into coopera-
tive agreements with, and award grants to, public and pri-
vate agencies, organizations, institutions, individuals, or
other entities to carry out the Conservation and Readiness
Program.
(d) EFFECT ON OTHER LAWS.—Nothing in this section
shall be construed or interpreted as preempting any other-
wise applicable Federal, State, or local law or regulation
relating to the management of natural and cultural re-
sources on military installations.
SEC. 324. NAVY COMPLIANCE WITH SHIPBOARD SOLID
WASTE CONTROL REQUIREMENTS.
(a) AMENDMENT TO THE ACT TO PREVENT POLLUTION
FROM SHIPS.—Subsection (c) of section 3 of the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1902(c)) is amend-
ed—
(1) in paragraph (1), by inserting ‘‘, except as
provided in paragraphs (4) and (5) of this sub-
section’’ before the period at the end;
(2) by striking out paragraph (4); and
(3) by adding at the end the following new para-
graphs:
‘‘(4) A vessel owned or operated by the Department
of the Navy for which the Secretary of the Navy determines
under the compliance plan submitted under paragraph (2)
that, due to unique military design, construction, manning,
or operating requirements, full compliance with paragraph
(1) would not be technologically feasible, would impair the
vessel’s operations, and would impair the vessel’s oper-
ational capability, is authorized to discharge garbage con-
sisting of either of the following:
‘‘(A) A slurry of seawater, paper, cardboard, and
food waste that does not contain more than the mini-
mum amount practicable of plastic, if such slurry is
discharged not less than 3 nautical miles from the
nearest land and is capable of passing through a
screen with openings of no greater than 12 millime-
ters.
‘‘(B) Metal and glass garbage that has been
shredded and bagged to ensure negative buoyancy and
is discharged not less than 12 nautical miles from the
nearest land.
‘‘(5) Not later than December 31, 2000, the Secretary
of the Navy shall publish in the Federal Register—
‘‘(A) a list of those surface ships planned to be
decommissioned between January 1, 2001, and De-
cember 31, 2005; and
‘‘(B) standards to ensure, so far as is reasonable
and practicable, without impairing the operations or
operational capabilities of such ships, that such ships
act in a manner consistent with the special area re-
quirements of Regulation 5 of Annex V to the Conven-
tion.’’.
(b) GOAL TO ACHIEVE FULL COMPLIANCE.—It shall
be the goal of the Secretary of the Navy to achieve full com-
pliance with Annex V to the International Convention for
the Prevention of Pollution from Ships, 1973, as soon as
practicable.
SEC. 325. AUTHORITY TO DEVELOP AND IMPLEMENT LAND
USE PLANS FOR DEFENSE ENVIRONMENTAL
RESTORATION PROGRAM.
(a) AUTHORITY.—The Secretary of Defense may, to the
extent possible and practical, develop and implement, as
part of the Defense Environmental Restoration Program
provided for in chapter 160 of title 10, United States Code,
under this section, the Secretary shall develop a draft land
use plan by October 1, 1997, and a final land use plan
by March 15, 1998.
(g) DEFINITION OF DEFENSE SITE.—For purposes of
this section, the term ‘‘defense site’’ means (A) any building,
structure, installation, equipment, pipe or pipeline (includ-
ing any pipe into a sewer or publicly owned treatment
works), well, pit, pond, lagoon, impoundment, ditch, land-
fill, storage container, motor vehicle, rolling stock, or air-
craft under the jurisdiction of the Department of Defense,
or (B) any site or area under the jurisdiction of the Depart-
ment of Defense where a hazardous substance has been de-
posited, stored, disposed of, or placed, or otherwise come to
be located; but does not include any consumer product in
consumer use or any vessel.
(h) REPORT.—Not later than December 31, 1998, the
Secretary of Defense shall submit to Congress a report on
the land use plans developed under this section and the ef-
fect such plans have had on environmental restoration ac-
tivities at the defense sites where they have been imple-
mented. The report shall include recommendations on
whether such land use plans should be developed and imple-
mented throughout the Department of Defense.
(h) SAVINGS PROVISIONS.—(1) Nothing in this section
or in a land use plan developed under this section with
respect to a defense site shall be construed as requiring any
modification to a land use plan that was developed before
the date of the enactment of this Act.
(2) Nothing in this section may be construed to affect
statutory requirements for an environmental restoration or
waste management activity or project or to modify or other-
wise affect applicable statutory or regulatory environmental
restoration and waste management requirements, including
substantive standards intended to protect public health and
the environment, nor shall anything in this section be con-
strued to preempt or impair any local land use planning
or zoning authority or State authority.
SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECH-
NOLOGIES FOR LIMITING AIR EMISSIONS
DURING SHIPYARD BLASTING AND COATING
OPERATIONS.
(a) PILOT PROGRAM.—The Secretary of the Navy shall
establish a pilot program to test an alternative technology
designed to capture and destroy or remove particulate emis-
sions and volatile air pollutants that occur during abrasive
blasting and coating operations at naval shipyards. In con-
ducting the test, the Secretary shall seek to demonstrate
whether the technology is valid, cost effective, and in com-
pliance with environmental laws and regulations.
(b) REPORT.—Upon completion of the test conducted
under the pilot program, the Secretary of the Navy shall
submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report setting forth in detail the results
of the test. The report shall include recommendations on
whether the alternative technology merits implementation
at naval shipyards and such other recommendations as the
Secretary considers appropriate.
SEC. 327. NAVY PROGRAM TO MONITOR ECOLOGICAL EF-
FECTS OF ORGANOTIN.
(a) MONITORING REQUIREMENT.—The Secretary of
the Navy shall, in consultation with the Administrator of
the Environmental Protection Agency, develop and imple-
ment a program to monitor the concentrations of organotin
in the water column, sediments, and aquatic organisms of
representative estuaries and near-coastal waters in the
United States, as described in section 7(a) of the Organotin
Antifouling Paint Control Act of 1988 (33 U.S.C. 2406(a)).
The program shall be designed to produce high-quality data
to enable the Environmental Protection Agency to develop
water quality criteria concerning organotin compounds.
(b) REPORT.—Not later than June 1, 1997, the Sec-
retary of the Navy shall submit to Congress a report con-
taining the following:
(1) A description of the monitoring program de-
veloped pursuant to subsection (a).
(2) An analysis of the results of the monitoring
program as of the date of the submission of the report.
(3) Information about the progress of Navy pro-
grams, referred to in section 7(c) of Organotin
Antifouling Paint Control Act of 1988 (33 U.S.C.
2406(c)), for evaluating the laboratory toxicity and
environmental risks associated with the use of
antifouling paints containing organotin.
(4) An assessment, developed in consultation
with the Administrator of the Environmental Protec-
tion Agency, of the effectiveness of existing laws and
rules concerning organotin compounds in ensuring
protection of human health and the environment.
(c) SENSE OF CONGRESS.—It is the sense of Congress
that the Administrator of the Environmental Protection
Agency, in consultation with the Secretary of the Navy,
should develop, for purposes of the national pollutant dis-
charge elimination system, a model permit for the discharge
of organotin compounds at shipbuilding and ship repair
facilities. For purposes of this subsection, the term
‘‘organotin’’ has the meaning provided in section 3 of the
Organotin Antifouling Paint Control Act of 1988 (33
U.S.C. 2402).
Subtitle D—Civilian Employees and
Nonappropriated Fund Instru-
mentality Employees
SEC. 331. REPEAL OF PROHIBITION ON PAYMENT OF LODG-
ING EXPENSES WHEN ADEQUATE GOVERN-
MENT QUARTERS ARE AVAILABLE.
(a) REPEAL.—Section 1589 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 81 of such title is amended by
striking out the item relating to section 1589.
SEC. 332. VOLUNTARY SEPARATION INCENTIVE PAY MODI-
FICATION.
(a) IN GENERAL.—Section 5597(g) of title 5, United
States Code, is amended by adding at the end the following
new paragraph:
‘‘(5) If the employment is without compensation, the
appointing official may waive the repayment.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to employment accepted
on or after the date of the enactment of this Act.
SEC. 333. WAGE-BOARD COMPENSATORY TIME OFF.
(a) IN GENERAL.—Section 5543 of title 5, United
States Code, is amended—
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection:
‘‘(b) The head of an agency may, on request of an em-
ployee, grant the employee compensatory time off from his
scheduled tour of duty instead of payment under section
5544 or section 7 of the Fair Labor Standards Act of 1938
for an equal amount of time spent in irregular or occasional
overtime work.’’.
(b) CONFORMING AMENDMENT.—Section 5544(c) of
title 5, United States Code, is amended by inserting ‘‘and
the provisions of section 5543(b)’’ before ‘‘shall apply’’.
SEC. 334. SIMPLIFICATION OF RULES RELATING TO THE OB-
SERVANCE OF CERTAIN HOLIDAYS.
Section 6103 of title 5, United States Code, is amended
by adding at the end the following new subsection:
‘‘(d)(1) For purposes of this subsection—
‘‘(A) the term ‘compressed schedule’ has the
meaning given such term by section 6121(5); and
‘‘(B) the term ‘adverse agency impact’ has the
meaning given such term by section 6131(b).
‘‘(2) An agency may prescribe rules under which em-
ployees on a compressed schedule may, in the case of a holi-
day that occurs on a regularly scheduled non-workday for
such employees, and notwithstanding any other provision
of law or the terms of any collective bargaining agreement,
be required to observe such holiday on a workday other than
as provided by subsection (b), if the agency head determines
that it is necessary to do so in order to prevent an adverse
agency impact.’’.
SEC. 335. PHASED RETIREMENT.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8344 of title 5, United States Code, is amended by adding
at the end the following new subsection:
‘‘(m)(1) In order to promote the retention of employees
having knowledge, skills, or expertise needed by the Depart-
ment of Defense, in a manner consistent with ongoing
downsizing efforts, the Secretary of Defense or his designee
may waive the application of subsection (a), with respect
to reemployed annuitants of the Department of Defense,
under this subsection.
‘‘(2) A waiver under this subsection—
‘‘(A) may not be granted except upon appro-
priate written application submitted and approved
not later than the date of separation on which entitle-
ment to annuity is based;
‘‘(B) shall be contingent on the reemployment
commencing within such time as the Secretary or his
designee may require, may remain in effect for a pe-
riod of not to exceed 2 years, and shall not be renew-
able; and
‘‘(C) may be granted and thereafter remain in
effect only if, with respect to the position in which re-
employed, the number of regularly scheduled hours in
each week or other period is at least 1⁄2 but not more
than 3⁄4 those last in effect for the individual before
the separation referred to in subparagraph (A).
‘‘(3)(A) In no event shall the sum of the rate of basic
pay for, plus annuity allocable to, any period of service
as a reemployed annuitant under this subsection exceed the
rate of basic pay that would then be in effect for service
performed during such period if separation had not oc-
curred.
‘‘(B) If the limitation under subparagraph (A) would
otherwise be exceeded, an amount equal to the excess shall
be deducted from basic pay for the period involved (but not
to exceed total basic pay for such period), and any amount
so deducted shall be deposited in the Treasury of the United
States to the credit of the Fund.
‘‘(4) The number of reemployed annuitants under this
subsection at any given time may not, when taken together
with the then current number under section 8468(j), exceed
a total of 50.
‘‘(5) All waivers under this subsection shall cease to
be effective after September 30, 2001.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8468 of title 5, United States Code, is amended by
adding at the end the following new subsection:
‘‘(j)(1) In order to promote the retention of employees
having knowledge, skills, or expertise needed by the Depart-
ment of Defense, in a manner consistent with ongoing
downsizing efforts, the Secretary of Defense or his designee
may waive the application of subsections (a) and (b), with
respect to reemployed annuitants of the Department of De-
fense, under this subsection.
‘‘(2) A waiver under this subsection—
‘‘(A) may not be granted except upon appro-
priate written application submitted and approved
not later than the date of separation on which entitle-
ment to annuity is based;
‘‘(B) shall be contingent on the reemployment
commencing within such time as the Secretary or his
designee may require, may remain in effect for a pe-
riod of not to exceed 2 years, and shall not be renew-
able; and
‘‘(C) may be granted and thereafter remain in
effect only if, with respect to the position in which re-
employed, the number of regularly scheduled hours in
each week or other period is at least 1⁄2 but not more
than 3⁄4 those last in effect for the individual before
the separation referred to in subparagraph (A).
‘‘(3)(A) In no event shall the sum of the rate of basic
pay for, plus annuity allocable to, any period of service
as a reemployed annuitant under this subsection exceed the
rate of basic pay that would then be in effect for service
performed during such period if separation had not oc-
curred.
‘‘(B) If the limitation under subparagraph (A) would
otherwise be exceeded, an amount equal to the excess shall
be deducted from basic pay for the period involved (but not
to exceed total basic pay for such period), and any amount
so deducted shall be deposited in the Treasury of the United
States to the credit of the Fund.
‘‘(4) The number of reemployed annuitants under this
subsection at any given time may not, when taken together
with the then current number under section 8344(m), exceed
a total of 50.
‘‘(5) All waivers under this subsection shall cease to
be effective after September 30, 2001.’’.
(c) REPORTING REQUIREMENT.—Not later than De-
cember 31, 2000, the Secretary of Defense shall submit to
each House of Congress and the Office of Personnel Manage-
ment a written report on the operation of sections 8344(m)
and 8468(j) of title 5, United States Code, as amended by
this section. Such report shall include—
(1) recommendations as to whether or not those
provisions of law should be continued beyond Septem-
ber 30, 2001, and, if so, under what conditions or
constraints; and
(2) any other information which the Secretary of
Defense may consider appropriate.
SEC. 336. MODIFICATION OF AUTHORITY FOR CIVILIAN EM-
PLOYEES OF DEPARTMENT OF DEFENSE TO
PARTICIPATE VOLUNTARILY IN REDUCTIONS
IN FORCE.
Section 3502(f) of title 5, United States Code, is
amended to read as follows:
‘‘(f)(1) The Secretary of Defense or the Secretary of
a military department may—
‘‘(A) separate from service any employee who
volunteers to be separated under this subparagraph
even though the employee is not otherwise subject to
separation due to a reduction in force; and
‘‘(B) for each employee voluntarily separated
under subparagraph (A), retain an employee in a
similar position who would otherwise be separated
due to a reduction in force.
‘‘(2) The separation of an employee under paragraph
(1)(A) shall be treated as an involuntary separation due
to a reduction in force.
‘‘(3) An employee with critical knowledge and skills
(as defined by the Secretary concerned) may not participate
in a voluntary separation under paragraph (1)(A) if the
Secretary concerned determines that such participation
would impair the performance of the mission of the Depart-
ment of Defense or the military department concerned.
‘‘(4) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
‘‘(5) No authority under paragraph (1) may be exer-
cised after September 30, 2001.’’.
Subtitle E—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 341. CONTRACTS WITH OTHER AGENCIES AND INSTRU-
MENTALITIES FOR GOODS AND SERVICES.
(a) CONTRACTS TO PROMOTE EFFICIENT OPERATION
AND MANAGEMENT.—Chapter 147 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 2490b. Contracts with other agencies and instru-
mentalities for goods and services
‘‘An agency or instrumentality of the Department of
Defense that supports the operation of the exchange or mo-
rale, welfare, and recreation systems of the Department of
Defense may enter into a contract or other agreement with
another department, agency, or instrumentality of the De-
partment of Defense or another Federal agency to provide
goods and services beneficial to the efficient management
and operation of the exchange or morale, welfare, and recre-
ation systems.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2490b. Contracts with other agencies and instrumentalities for goods and serv-
ices.’’.
SEC. 342. NONCOMPETITIVE PROCUREMENT OF BRAND-
NAME COMMERCIAL ITEMS FOR RESALE IN
COMMISSARY STORES.
(a) CLARIFICATION OF EXCEPTION TO COMPETITIVE
PROCUREMENT.—Section 2486 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(e) The Secretary of Defense may not use the excep-
tion provided in section 2304(c)(5) of this title regarding
the procurement of a brand-name commercial item for re-
sale in commissary stores unless the commercial item is reg-
ularly sold outside of commissary stores under the same
brand name as the name by which the commercial item will
be sold in commissary stores.’’.
(b) EFFECT ON EXISTING CONTRACTS.—The amend-
ment made by subsection (a) shall not affect the terms, con-
ditions, or duration of any contract entered into by the Sec-
retary of Defense before the date of the enactment of this
Act for the procurement of commercial items for resale in
commissary stores.
SEC. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY
EXPLICIT MATERIAL.
(a) IN GENERAL—(1) Chapter 147 of title 10, United
States Code, is amended by adding after section 2490b, as
added by section 341, the following new section:
‘‘§ 2490c. Sale or rental of sexually explicit material
prohibited
‘‘(a) PROHIBITION OF SALE OR RENTAL.—The Sec-
retary of Defense may not permit the sale or rental of sexu-
ally explicit written or videotaped material on property
under the jurisdiction of the Department of Defense.
‘‘(b) PROHIBITION OF OFFICIALLY PROVIDED SEXU-
ALLY EXPLICIT MATERIAL.—A member of the armed forces
or a civilian officer or employee of the Department of De-
fense acting in an official capacity for sale, remuneration,
or rental may not provide sexually explicit material to an-
other person.
‘‘(c) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to implement this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘sexually explicit material’ means
an audio recording, a film or video recording, or a
periodical with visual depictions, produced in any
medium, the dominant theme of which depicts or de-
scribes nudity, including sexual or excretory activities
or organs, in a lascivious way.
‘‘(2) The term ‘property under the jurisdiction of
the Department of Defense’ includes commissaries, all
facilities operated by the Army and Air Force Ex-
change Service, the Navy Exchange Service Com-
mand, the Navy Resale and Services Support Office,
Marine Corps exchanges, and ship stores.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding after the item relating to section
2490b, as added by section 341, the following new item:
‘‘2490c. Sale or rental of sexually explicit material prohibited.’’.
(b) EFFECTIVE DATE.—Subsection (a) of section 2490c
of title 10, United States Code, as added by subsection (a)
of this section, shall take effect 90 days after the date of
the enactment of this Act.
Subtitle F—Performance of
Functions by Private-Sector Sources
SEC. 351. EXTENSION OF REQUIREMENT FOR COMPETITIVE
PROCUREMENT OF PRINTING AND DUPLICA-
TION SERVICES.
(a) EXTENSION.—Section 351(a) of the National De-
fense Authorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 266) is amended by striking out ‘‘fiscal
year 1996’’ and inserting in lieu thereof ‘‘fiscal years 1996
and 1997’’.
(b) REPORTING REQUIREMENTS.—Such section is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(c) REPORTING REQUIREMENTS.—(1) Not later than
90 days after the end of each fiscal year in which the re-
quirement of subsection (a) applies, the Secretary of Defense
shall submit to Congress a report—
‘‘(A) describing the extent of the compliance of
the Secretary with the requirement during that fiscal
year;
‘‘(B) specifying the total volume of printing and
duplication services procured by Department of De-
fense during that fiscal year—
‘‘(i) from sources within the Department of
Defense;
‘‘(ii) from private-sector sources; and
‘‘(iii) from other sources in the Federal
Government; and
‘‘(C) specifying the total volume of printed and
duplicated material during that fiscal year covered by
the exception in subsection (b).
‘‘(2) The report required for fiscal year 1996 shall also
include the plans of the Secretary for further implementa-
tion of the requirement of subsection (a) during fiscal year
1997.’’.
SEC. 352. REQUIREMENT REGARDING USE OF PRIVATE
SHIPYARDS FOR COMPLEX NAVAL SHIP RE-
PAIR CONTRACTS.
(a) IN GENERAL.—(1) Chapter 633 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 7315. Use of private shipyards for complex ship re-
pair work: limitation to certain shipyards
‘‘(a) LIMITATION ON REPAIR LOCATIONS.—Whenever
a naval vessel (other than a submarine) is to undergo com-
plex ship repairs and the Secretary of the Navy determines
that a private shipyard contractor is to be used for the work
required, such work—
‘‘(1) may be performed only by a qualifying
shipyard contractor; and
‘‘(2) shall be performed at the shipyard facility
of the contractor selected unless the Secretary deter-
mines that the work should be conducted elsewhere in
the interest of national security.
‘‘(b) QUALIFYING SHIPYARD CONTRACTOR.—For the
purposes of this section, a qualifying shipyard contractor,
with respect to the award of any contract for ship repair
work, is a private shipyard that—
‘‘(1) is capable of performing the repair and
overhaul of ships with a displacement of 800 tons or
more;
‘‘(2) performs at least 55 percent of repairs with
its own facilities and work force;
‘‘(3) possesses or has access to a dry-dock and a
pier with the capability to berth a ship with a dis-
placement of 800 tons or more; and
‘‘(4) has all the facilities and organizational ele-
ments needed for the repair of a ship with a displace-
ment of 800 tons or more.
‘‘(c) COMPLEX SHIP REPAIRS.—In this section, the
term ‘complex ship repairs’ means repairs to a vessel per-
formed at a shipyard that are estimated (before work on
the repairs by a shipyard begins) to require expenditure
of $750,000 or more.
‘‘(d) EXCEPTION REGARDING PACIFIC COAST.—This
section shall not apply in the case of complex ship repairs
to be performed at a shipyard facility located on the Pacific
Coast of the United States.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘7315. Use of private shipyards for complex ship repair work: limitation to cer-
tain shipyards.’’.
(b) EFFECTIVE DATE.—Section 7315 of title 10, Unit-
ed States Code, as added by subsection (a), shall apply with
respect to contracts for complex ship repairs that are
awarded after the date of the enactment of this Act.
Subtitle G—Other Matters
SEC. 360. TERMINATION OF DEFENSE BUSINESS OPER-
ATIONS FUND AND PREPARATION OF PLAN
REGARDING 
IMPROVED 
OPERATION 
OF
WORKING-CAPITAL FUNDS.
(a) REPEAL
OF DEFENSE BUSINESS OPERATIONS
FUND.—(1) Section 2216 of title 10, United States Code,
as added by section 371(a) of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 277), is repealed.
(2) The table of sections at the beginning of chapter
131 of title 10, United States Code, is amended by striking
out the item relating to such section.
100
(3) The amendments made by this subsection shall take
effect on October 1, 1998.
(b) PLAN FOR IMPROVED OPERATION OF WORKING-
CAPITAL FUNDS.—Not later than September 30, 1997, the
Secretary of Defense shall submit to Congress a plan to im-
prove the management and performance of the industrial,
commercial, and support type activities of the military de-
partments or the Defense Agencies that are currently man-
aged through the Defense Business Operations Fund.
(c) ELEMENTS OF PLAN.—The plan required by sub-
section (b) shall address the following issues:
(1) The ability of each military department to
set working capital requirements and set charges at
its own industrial and supply activities.
(2) The desirability of separate business accounts
for the management of both industrial and supply ac-
tivities for each military department.
(3) Liability for operating losses at industrial
and supply activities.
(4) Reimbursement to the Department of Defense
for each military department’s fair share of the costs
of legitimate common business support services pro-
vided by the Department of Defense (such as account-
ing and financial services and central logistics serv-
ices).
101
(5) The role of the Department of Defense in set-
ting charges or imposing surcharges for activities
managed by the military department business ac-
counts (except for the common business support costs
described in paragraph (4)), and what such charges
should properly reflect.
(6) The appropriate use of operating profits
arising from the operations of the industrial and sup-
ply activities of a military department.
(7) The ability of military departments to pur-
chase industrial and supply services from, and pro-
vide such services to, other military departments.
(8) Standardization of financial management
and accounting practices employed by military de-
partment business accounts.
(9) Reporting requirements related to actual and
projected performance of military department busi-
ness management account activities.
SEC. 361. INCREASE IN CAPITAL ASSET THRESHOLD UNDER
DEFENSE BUSINESS OPERATIONS FUND.
Section 2216 of title 10, United States Code, as added
by section 371(a) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 227),
is amended in subsection (i)(1) by striking out ‘‘$50,000’’
and inserting in lieu thereof ‘‘$100,000’’.
102
SEC. 362. TRANSFER OF EXCESS PERSONAL PROPERTY TO
SUPPORT LAW ENFORCEMENT ACTIVITIES.
(a) TRANSFER AUTHORITY.—(1) Chapter 153 of title
10, United States Code, is amended by inserting after sec-
tion 2576 the following new section:
‘‘§ 2576a. Excess personal property: sale or donation
for law enforcement activities
‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding
any other provision of law and subject to subsection (b),
the Secretary of Defense may transfer to Federal and State
agencies personal property of the Department of Defense,
including small arms and ammunition, that the Secretary
determines is—
‘‘(A) suitable for use by the agencies in law en-
forcement activities, including counter-drug activities;
and
‘‘(B) excess to the needs of the Department of De-
fense.
‘‘(2) The Secretary shall carry out this section in con-
sultation with the Attorney General and the Director of Na-
tional Drug Control Policy.
‘‘(b) CONDITIONS
FOR TRANSFER.—The Secretary
may transfer personal property under this section only if—
‘‘(1) the property is drawn from existing stocks
of the Department of Defense; and
103
‘‘(2) the transfer is made without the expenditure
of any funds available to the Department of Defense
for the procurement of defense equipment.
‘‘(c) CONSIDERATION.—Personal property may be
transferred under this section without cost to the recipient
agency.
‘‘(d) PREFERENCE
FOR CERTAIN TRANSFERS.—In
considering applications for the transfer of personal prop-
erty under this section, the Secretary shall give a preference
to those applications indicating that the transferred prop-
erty will be used in the counter-drug activities of the recipi-
ent agency.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2576 the following new item:
‘‘2576a. Excess personal property: sale or donation for law enforcement activi-
ties.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 1208 of
the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101–189; 10 U.S.C. 372 note)
is repealed.
(2) Section 1005 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1630) is amended by striking out ‘‘section 1208 of the Na-
tional Defense Authorization Act for Fiscal Years 1990 and
104
1991 (10 U.S.C. 372 note) and section 372’’ and inserting
in lieu thereof ‘‘sections 372 and 2576a’’.
SEC. 363. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANS-
PORTATION.
(a) STORAGE AUTHORIZED.—(1) Section 2634 of title
10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(g)(1) In lieu of transportation authorized by this sec-
tion, if a member is ordered to make a change of permanent
station to a foreign country and the laws, regulations, or
other restrictions imposed by the foreign country or the
United States preclude entry of a motor vehicle described
in subsection (a) into that country, or would require exten-
sive modification of the vehicle as a condition to entry, the
member may elect to have the vehicle stored at the expense
of the United States at a location approved by the Secretary
concerned.
‘‘(2) If a member is transferred or assigned to duty
at a location other than the permanent station of the mem-
ber for a period of more than 30 consecutive days, but the
transfer or assignment is not considered a change of perma-
nent station, the member may elect to have a motor vehicle
described in subsection (a) stored at the expense of the Unit-
ed States at a location approved by the Secretary concerned.
105
‘‘(3) Authorized expenses under this subsection include
costs associated with the delivery of the motor vehicle for
storage and removal of the vehicle for delivery to a destina-
tion approved by the Secretary concerned.’’.
(2)(A) The heading of such section is amended to read
as follows:
‘‘§ 2634. Motor vehicles: transportation or storage for
members on change of permanent station
or extended deployment’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 157 of title 10, United
States Code, is amended to read as follows:
‘‘2634. Motor vehicles: transportation or storage for members on change of perma-
nent station or extended deployment.’’.
(b) CONFORMING AMENDMENT.—Section 406(h)(1) of
title 37, United States Code, is amended by striking out
subparagraph (B) and inserting in lieu thereof the follow-
ing new subparagraph:
‘‘(B) in the case of a member described in para-
graph (2)(A), authorize the transportation of one
motor vehicle, which is owned or leased by the mem-
ber (or a dependent of the member) and is for the per-
sonal use of a dependent of the member, to that loca-
tion by means of transportation authorized under sec-
tion 2634 of title 10 or authorize the storage of the