H. R. 1530
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To authorize appropriations for fiscal year 1996 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 1996’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into five divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Federal Acquisition Reform.
(5) Division E—Information Technology Management
Reform.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B—Army Programs
Sec. 111. Procurement of OH–58D Armed Kiowa Warrior helicopters.
Sec. 112. Repeal of requirements for armored vehicle upgrades.
Sec. 113. Multiyear procurement of helicopters.
Sec. 114. Report on AH–64D engine upgrades.
Sec. 115. Requirement for use of previously authorized multiyear procurement au-
thority for Army small arms procurement.
H. R. 1530—2
Subtitle C—Navy Programs
Sec. 131. Nuclear attack submarines.
Sec. 132. Research for advanced submarine technology.
Sec. 133. Cost limitation for Seawolf submarine program.
Sec. 134. Repeal of prohibition on backfit of Trident submarines.
Sec. 135. Arleigh Burke class destroyer program.
Sec. 136. Acquisition program for crash attenuating seats.
Sec. 137. T–39N trainer aircraft.
Sec. 138. Pioneer unmanned aerial vehicle program.
Subtitle D—Air Force Programs
Sec. 141. B–2 aircraft program.
Sec. 142. Procurement of B–2 bombers.
Sec. 143. MC–130H aircraft program.
Subtitle E—Chemical Demilitarization Program
Sec. 151. Repeal of requirement to proceed expeditiously with development of
chemical demilitarization cryofracture facility at Tooele Army Depot,
Utah.
Sec. 152. Destruction of existing stockpile of lethal chemical agents and munitions.
Sec. 153. Administration of chemical demilitarization program.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Modifications to Strategic Environmental Research and Development Pro-
gram.
Sec. 204. Defense dual use technology initiative.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Tactical manned reconnaissance.
Sec. 213. Joint Advanced Strike Technology (JAST) program.
Sec. 214. Development of laser program.
Sec. 215. Navy mine countermeasures program.
Sec. 216. Space-based infrared system.
Sec. 217. Defense Nuclear Agency programs.
Sec. 218. Counterproliferation support program.
Sec. 219. Nonlethal weapons study.
Sec. 220. Federally funded research and development centers and university-affili-
ated research centers.
Sec. 221. Joint seismic program and global seismic network.
Sec. 222. Hydra–70 rocket product improvement program.
Sec. 223. Limitation on obligation of funds until receipt of electronic combat con-
solidation master plan.
Sec. 224. Obligation of certain funds delayed until receipt of report on science and
technology rescissions.
Sec. 225. Obligation of certain funds delayed until receipt of report on reductions
in research, development, test, and evaluation.
Sec. 226. Advanced Field Artillery System (Crusader).
Sec. 227. Demilitarization of conventional munitions, rockets, and explosives.
Sec. 228. Defense Airborne Reconnaissance program.
Subtitle C—Ballistic Missile Defense Act of 1995
Sec. 231. Short title.
Sec. 232. Findings.
Sec. 233. Ballistic Missile Defense policy.
Sec. 234. Theater Missile Defense architecture.
Sec. 235. National Missile Defense system architecture.
Sec. 236. Policy regarding the ABM Treaty.
Sec. 237. Prohibition on use of funds to implement an international agreement con-
cerning Theater Missile Defense systems.
Sec. 238. Ballistic Missile Defense cooperation with allies.
Sec. 239. ABM Treaty defined.
Sec. 240. Repeal of Missile Defense Act of 1991.
Subtitle D—Other Ballistic Missile Defense Provisions
Sec. 251. Ballistic Missile Defense program elements.
H. R. 1530—3
Sec. 252. Testing of Theater Missile Defense interceptors.
Sec. 253. Repeal of missile defense provisions.
Subtitle E—Miscellaneous Reviews, Studies, and Reports
Sec. 261. Precision-guided munitions.
Sec. 262. Review of C4I by National Research Council.
Sec. 263. Analysis of consolidation of basic research accounts of military depart-
ments.
Sec. 264. Change in reporting period from calendar year to fiscal year for annual
report on certain contracts to colleges and universities.
Sec. 265. Aeronautical research and test capabilities assessment.
Subtitle F—Other Matters
Sec. 271. Advanced lithography program.
Sec. 272. Enhanced fiber optic guided missile (EFOG–M) system.
Sec. 273. States eligible for assistance under Defense Experimental Program To
Stimulate Competitive Research.
Sec. 274. Cruise missile defense initiative.
Sec. 275. Modification to university research initiative support program.
Sec. 276. Manufacturing technology program.
Sec. 277. Five-year plan for consolidation of defense laboratories and test and eval-
uation centers.
Sec. 278. Limitation on T–38 avionics upgrade program.
Sec. 279. Global Positioning System.
Sec. 280. Revision of authority for providing Army support for the National Science
Center for Communications and Electronics.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol.
Subtitle B—Depot-Level Activities
Sec. 311. Policy regarding performance of depot-level maintenance and repair for
the Department of Defense.
Sec. 312. Management of depot employees.
Sec. 313. Extension of authority for aviation depots and naval shipyards to engage
in defense-related production and services.
Sec. 314. Modification of notification requirement regarding use of core logistics
functions waiver.
Subtitle C—Environmental Provisions
Sec. 321. Revision of requirements for agreements for services under environmental
restoration program.
Sec. 322. Addition of amounts creditable to Defense Environmental Restoration Ac-
count.
Sec. 323. Use of Defense Environmental Restoration Account.
Sec. 324. Revision of authorities relating to restoration advisory boards.
Sec. 325. Discharges from vessels of the Armed Forces.
Subtitle D—Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Operation of commissary system.
Sec. 332. Limited release of commissary stores sales information to manufacturers,
distributors, and other vendors doing business with Defense Com-
missary Agency.
Sec. 333. Economical distribution of distilled spirits by nonappropriated fund in-
strumentalities.
Sec. 334. Transportation by commissaries and exchanges to overseas locations.
Sec. 335. Demonstration project for uniform funding of morale, welfare, and recre-
ation activities at certain military installations.
Sec. 336. Operation of combined exchange and commissary stores.
Sec. 337. Deferred payment programs of military exchanges.
Sec. 338. Availability of funds to offset expenses incurred by Army and Air Force
Exchange Service on account of troop reductions in Europe.
Sec. 339. Study regarding improving efficiencies in operation of military exchanges
and other morale, welfare, and recreation activities and commissary
stores.
H. R. 1530—4
Sec. 340. Repeal of requirement to convert ships’ stores to nonappropriated fund in-
strumentalities.
Sec. 341. Disposition of excess morale, welfare, and recreation funds.
Sec. 342. Clarification of entitlement to use of morale, welfare, and recreation fa-
cilities by members of reserve components and dependents.
Subtitle E—Performance of Functions by Private-Sector Sources
Sec. 351. Competitive procurement of printing and duplication services.
Sec. 352. Direct vendor delivery system for consumable inventory items of Depart-
ment of Defense.
Sec. 353. Payroll, finance, and accounting functions of the Department of Defense.
Sec. 354. Demonstration program to identify overpayments made to vendors.
Sec. 355. Pilot program on private operation of defense dependents’ schools.
Sec. 356. Program for improved travel process for the Department of Defense.
Sec. 357. Increased reliance on private-sector sources for commercial products and
services.
Subtitle F—Miscellaneous Reviews, Studies, and Reports
Sec. 361. Quarterly readiness reports.
Sec. 362. Restatement of requirement for semiannual reports to Congress on trans-
fers from high-priority readiness appropriations.
Sec. 363. Report regarding reduction of costs associated with contract management
oversight.
Sec. 364. Reviews of management of inventory control points and Material Manage-
ment Standard System.
Sec. 365. Report on private performance of certain functions performed by military
aircraft.
Sec. 366. Strategy and report on automated information systems of Department of
Defense.
Subtitle G—Other Matters
Sec. 371. Codification of Defense Business Operations Fund.
Sec. 372. Clarification of services and property that may be exchanged to benefit
the historical collection of the Armed Forces.
Sec. 373. Prohibition on capital lease for Defense Business Management Univer-
sity.
Sec. 374. Permanent authority for use of proceeds from the sale of certain lost,
abandoned, or unclaimed property.
Sec. 375. Sale of military clothing and subsistence and other supplies of the Navy
and Marine Corps.
Sec. 376. Personnel services and logistical support for certain activities held on
military installations.
Sec. 377. Retention of monetary awards.
Sec. 378. Provision of equipment and facilities to assist in emergency response ac-
tions.
Sec. 379. Report on Department of Defense military and civil defense preparedness
to respond to emergencies resulting from a chemical, biological, radio-
logical, or nuclear attack.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation in DOPMA authorized end strength limitations for
active duty Air Force and Navy officers in certain grades.
Sec. 403. Certain general and flag officers awaiting retirement not to be counted.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. Counting of certain active component personnel assigned in support of re-
serve component training.
Sec. 414. Increase in number of members in certain grades authorized to serve on
active duty in support of the Reserves.
Sec. 415. Reserves on active duty in support of cooperative threat reduction pro-
grams not to be counted.
Sec. 416. Reserves on active duty for military-to-military contacts and comparable
activities not to be counted.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D—Authorization of Appropriations
H. R. 1530—5
Sec. 431. Authorization of appropriations for military personnel.
Sec. 432. Authorization for increase in active-duty end strengths.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Retired grade for officers in grades above major general and rear admiral.
Sec. 503. Wearing of insignia for higher grade before promotion.
Sec. 504. Authority to extend transition period for officers selected for early retire-
ment.
Sec. 505. Army officer manning levels.
Sec. 506. Authority for medical department officers other than physicians to be ap-
pointed as Surgeon General.
Sec. 507. Deputy Judge Advocate General of the Air Force.
Sec. 508. Authority for temporary promotions for certain Navy lieutenants with
critical skills.
Sec. 509. Retirement for years of service of Directors of Admissions of Military and
Air Force academies.
Subtitle B—Matters Relating to Reserve Components
Sec. 511. Extension of certain Reserve officer management authorities.
Sec. 512. Mobilization income insurance program for members of Ready Reserve.
Sec. 513. Military technician full-time support program for Army and Air Force re-
serve components.
Sec. 514. Revisions to Army Guard Combat Reform Initiative to include Army Re-
serve under certain provisions and make certain revisions.
Sec. 515. Active duty associate unit responsibility.
Sec. 516. Leave for members of reserve components performing public safety duty.
Sec. 517. Department of Defense funding for National Guard participation in joint
disaster and emergency assistance exercises.
Subtitle C—Decorations and Awards
Sec. 521. Award of Purple Heart to persons wounded while held as prisoners of war
before April 25, 1962.
Sec. 522. Authority to award decorations recognizing acts of valor performed in
combat during the Vietnam conflict.
Sec. 523. Military intelligence personnel prevented by secrecy from being consid-
ered for decorations and awards.
Sec. 524. Review regarding upgrading of Distinguished-Service Crosses and Navy
Crosses awarded to Asian-Americans and Native American Pacific Is-
landers for World War II service.
Sec. 525. Eligibility for Armed Forces Expeditionary Medal based upon service in
El Salvador.
Sec. 526. Procedure for consideration of military decorations not previously submit-
ted in timely fashion.
Subtitle D—Officer Education Programs
PART I—SERVICE ACADEMIES
Sec. 531. Revision of service obligation for graduates of the service academies.
Sec. 532. Nominations to service academies from Commonwealth of the Northern
Marianas Islands.
Sec. 533. Repeal of requirement for athletic director and nonappropriated fund ac-
count for the athletics programs at the service academies.
Sec. 534. Repeal of requirement for program to test privatization of service acad-
emy preparatory schools.
PART II—RESERVE OFFICER TRAINING CORPS
Sec. 541. ROTC access to campuses.
Sec. 542. ROTC scholarships for the National Guard.
Sec. 543. Delay in reorganization of Army ROTC regional headquarters structure.
Sec. 544. Duration of field training or practice cruise required under the Senior
ROTC program.
Sec. 545. Active duty officers detailed to ROTC duty at senior military colleges to
serve as Commandant and Assistant Commandant of Cadets and as tac-
tical officers.
Subtitle E—Miscellaneous Reviews, Studies, and Reports
Sec. 551. Report concerning appropriate forum for judicial review of Department of
Defense personnel actions.
H. R. 1530—6
Sec. 552. Comptroller General review of proposed Army end strength allocations.
Sec. 553. Report on manning status of highly deployable support units.
Sec. 554. Review of system for correction of military records.
Sec. 555. Report on the consistency of reporting of fingerprint cards and final dis-
position forms to the Federal Bureau of Investigation.
Subtitle F—Other Matters
Sec. 561. Equalization of accrual of service credit for officers and enlisted members.
Sec. 562. Army Ranger training.
Sec. 563. Separation in cases involving extended confinement.
Sec. 564. Limitations on reductions in medical personnel.
Sec. 565. Sense of Congress concerning personnel tempo rates.
Sec. 566. Separation benefits during force reduction for officers of commissioned
corps of National Oceanic and Atmospheric Administration.
Sec. 567. Discharge of members of the Armed Forces who have the HIV–1 virus.
Sec. 568. Revision and codification of Military Family Act and Military Child Care
Act.
Sec. 569. Determination of whereabouts and status of missing persons.
Sec. 570. Associate Director of Central Intelligence for Military Support.
Subtitle G—Support for Non-Department of Defense Activities
Sec. 571. Repeal of certain civil-military programs.
Sec. 572. Training activities involving support and services for eligible organiza-
tions and activities outside the Department of Defense.
Sec. 573. National Guard civilian youth opportunities pilot program.
Sec. 574. Termination of funding for Office of Civil-Military Programs in Office of
the Secretary of Defense.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Limitation on basic allowance for subsistence for members residing with-
out dependents in Government quarters.
Sec. 603. Election of basic allowance for quarters instead of assignment to inad-
equate quarters.
Sec. 604. Payment of basic allowance for quarters to members in pay grade E–6
who are assigned to sea duty.
Sec. 605. Limitation on reduction of variable housing allowance for certain mem-
bers.
Sec. 606. Clarification of limitation on eligibility for family separation allowance.
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 candidates,
registered nurses, and nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses and special
pays.
Sec. 614. Codification and extension of special pay for critically short wartime
health specialists in the Selected Reserves.
Sec. 615. Hazardous duty incentive pay for warrant officers and enlisted members
serving as air weapons controllers.
Sec. 616. Aviation career incentive pay.
Sec. 617. Clarification of authority to provide special pay for nurses.
Sec. 618. Continuous entitlement to career sea pay for crew members of ships des-
ignated as tenders.
Sec. 619. Increase in maximum rate of special duty assignment pay for enlisted
members serving as recruiters.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Repeal of requirement regarding calculation of allowances on basis of
mileage tables.
Sec. 622. Departure allowances.
Sec. 623. Transportation of nondependent child from member’s station overseas
after loss of dependent status while overseas.
Sec. 624. Authorization of dislocation allowance for moves in connection with base
realignments and closures.
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustments for fiscal
years 1996, 1997, and 1998.
H. R. 1530—7
Sec. 632. Denial of non-regular service retired pay for Reserves receiving certain
court-martial sentences.
Sec. 633. Report on payment of annuities for certain military surviving spouses.
Sec. 634. Payment of back quarters and subsistence allowances to World War II
veterans who served as guerilla fighters in the Philippines.
Sec. 635. Authority for relief from previous overpayments under minimum income
widows program.
Sec. 636. Transitional compensation for dependents of members of the Armed
Forces separated for dependent abuse.
Subtitle E—Other Matters
Sec. 641. Payment to survivors of deceased members for all leave accrued.
Sec. 642. Repeal of reporting requirements regarding compensation matters.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Report on extending to junior noncommissioned officers privileges pro-
vided for senior noncommissioned officers.
Sec. 645. Study regarding joint process for determining location of recruiting sta-
tions.
Sec. 646. Automatic maximum coverage under Servicemen’s Group Life Insurance.
Sec. 647. Termination of Servicemen’s Group Life Insurance for members of the
Ready Reserve who fail to pay premiums.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Modification of requirements regarding routine physical examinations and
immunizations under CHAMPUS.
Sec. 702. Correction of inequities in medical and dental care and death and disabil-
ity benefits for certain Reserves.
Sec. 703. Medical care for surviving dependents of retired Reserves who die before
age 60.
Sec. 704. Medical and dental care for members of the Selected Reserve assigned to
early deploying units of the Army Selected Reserve.
Sec. 705. Dental insurance for members of the Selected Reserve.
Sec. 706. Permanent authority to carry out specialized treatment facility program.
Subtitle B—TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. Priority use of military treatment facilities for persons enrolled in man-
aged care initiatives.
Sec. 713. Staggered payment of enrollment fees for TRICARE program.
Sec. 714. Requirement of budget neutrality for TRICARE program to be based on
entire program.
Sec. 715. Training in health care management and administration for TRICARE
lead agents.
Sec. 716. Pilot program of individualized residential mental health services.
Sec. 717. Evaluation and report on TRICARE program effectiveness.
Sec. 718. Sense of Congress regarding access to health care under TRICARE pro-
gram for covered beneficiaries who are medicare eligible.
Subtitle C—Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as Uniformed Services
Treatment Facilities.
Sec. 722. Limitation on expenditures to support Uniformed Services Treatment Fa-
cilities.
Sec. 723. Application of CHAMPUS payment rules in certain cases.
Sec. 724. Application of Federal Acquisition Regulation to participation agreements
with Uniformed Services Treatment Facilities.
Sec. 725. Development of plan for integrating Uniformed Services Treatment Facili-
ties in managed care programs of Department of Defense.
Sec. 726. Equitable implementation of uniform cost sharing requirements for Uni-
formed Services Treatment Facilities.
Sec. 727. Elimination of unnecessary annual reporting requirement regarding Uni-
formed Services Treatment Facilities.
Subtitle D—Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Maximum allowable payments to individual health-care providers under
CHAMPUS.
Sec. 732. Notification of certain CHAMPUS covered beneficiaries of loss of
CHAMPUS eligibility.
H. R. 1530—8
Sec. 733. Personal services contracts for medical treatment facilities of the Coast
Guard.
Sec. 734. Identification of third-party payer situations.
Sec. 735. Redesignation of Military Health Care Account as Defense Health Pro-
gram Account and two-year availability of certain account funds.
Sec. 736. Expansion of financial assistance program for health-care professionals in
reserve components to include dental specialties.
Sec. 737. Applicability of limitation on prices of pharmaceuticals procured for the
Coast Guard.
Sec. 738. Restriction on use of Department of Defense facilities for abortions.
Subtitle E—Other Matters
Sec. 741. Triservice nursing research.
Sec. 742. Termination of program to train military psychologists to prescribe psy-
chotropic medications.
Sec. 743. Waiver of collection of payments due from certain persons unaware of loss
of CHAMPUS eligibility.
Sec. 744. Demonstration program to train military medical personnel in civilian
shock trauma units.
Sec. 745. Study regarding Department of Defense efforts to determine appropriate
force levels of wartime medical personnel.
Sec. 746. Report on improved access to military health care for covered bene-
ficiaries entitled to medicare.
Sec. 747. Report on effect of closure of Fitzsimons Army Medical Center, Colorado,
on provision of care to military personnel, retired military personnel,
and their dependents.
Sec. 748. Sense of Congress on continuity of health care services for covered bene-
ficiaries adversely affected by closures of military medical treatment fa-
cilities.
Sec. 749. State recognition of military advance medical directives.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Reform
Sec. 801. Inapplicability of limitation on expenditure of appropriations to contracts
at or below simplified acquisition threshold.
Sec. 802. Authority to delegate contracting authority.
Sec. 803. Quality control in procurements of critical aircraft and ship spare parts.
Sec. 804. Fees for certain testing services.
Sec. 805. Coordination and communication of defense research activities.
Sec. 806. Addition of certain items to domestic source limitation.
Sec. 807. Encouragement of use of leasing authority.
Sec. 808. Cost reimbursement rules for indirect costs attributable to private sector
work of defense contractors.
Sec. 809. Subcontracts for ocean transportation services.
Sec. 810. Prompt resolution of audit recommendations.
Sec. 811. Test program for negotiation of comprehensive subcontracting plans.
Sec. 812. Procurement of items for experimental or test purposes.
Sec. 813. Use of funds for acquisition of designs, processes, technical data, and com-
puter software.
Sec. 814. Independent cost estimates for major defense acquisition programs.
Sec. 815. Construction, repair, alteration, furnishing, and equipping of naval ves-
sels.
Subtitle B—Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Defense facility-wide pilot program.
Sec. 823. Treatment of Department of Defense cable television franchise agree-
ments.
Sec. 824. Extension of pilot mentor-protege program.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—General Matters
Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Reduction in number of Assistant Secretary of Defense positions.
Sec. 903. Deferred repeal of various statutory positions and offices in Office of the
Secretary of Defense.
Sec. 904. Redesignation of the position of Assistant to the Secretary of Defense for
Atomic Energy.
H. R. 1530—9
Sec. 905. Joint Requirements Oversight Council.
Sec. 906. Restructuring of Department of Defense acquisition organization and
workforce.
Sec. 907. Report on Nuclear Posture Review and on plans for nuclear weapons
management in event of abolition of Department of Energy.
Sec. 908. Redesignation of Advanced Research Projects Agency.
Sec. 909. Naval nuclear propulsion program.
Subtitle B—Financial Management
Sec. 911. Transfer authority regarding funds available for foreign currency fluctua-
tions.
Sec. 912. Defense Modernization Account.
Sec. 913. Designation and liability of disbursing and certifying officials.
Sec. 914. Fisher House trust funds.
Sec. 915. Limitation on use of authority to pay for emergency and extraordinary ex-
penses.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Improved funding mechanisms for unbudgeted operations.
Sec. 1004. Operation Provide Comfort.
Sec. 1005. Operation Enhanced Southern Watch.
Sec. 1006. Authority for obligation of certain unauthorized fiscal year 1995 defense
appropriations.
Sec. 1007. Authorization of prior emergency supplemental appropriations for fiscal
year 1995.
Sec. 1008. Authorization reductions to reflect savings from revised economic as-
sumptions.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Iowa class battleships.
Sec. 1012. Transfer of naval vessels to certain foreign countries.
Sec. 1013. Contract options for LMSR vessels.
Sec. 1014. National Defense Reserve Fleet.
Sec. 1015. Naval salvage facilities.
Sec. 1016. Vessels subject to repair under phased maintenance contracts.
Sec. 1017. Clarification of requirements relating to repairs of vessels.
Sec. 1018. Sense of Congress concerning naming of amphibious ships.
Sec. 1019. Sense of Congress concerning naming of naval vessel.
Sec. 1020. Transfer of riverine patrol craft.
Subtitle C—Counter-Drug Activities
Sec. 1021. Revision and clarification of authority for Federal support of drug inter-
diction and counter-drug activities of the National Guard.
Sec. 1022. National Drug Intelligence Center.
Subtitle D—Civilian Personnel
Sec. 1031. Management of Department of Defense civilian personnel.
Sec. 1032. Conversion of military positions to civilian positions.
Sec. 1033. Elimination of 120-day limitation on details of certain employees.
Sec. 1034. Authority for civilian employees of Department of Defense to participate
voluntarily in reductions in force.
Sec. 1035. Authority to pay severance payments in lump sums.
Sec. 1036. Continued health insurance coverage.
Sec. 1037. Revision of authority for appointments of involuntarily separated mili-
tary reserve technicians.
Sec. 1038. Wearing of uniform by National Guard technicians.
Sec. 1039. Military leave for military reserve technicians for certain duty overseas.
Sec. 1040. Personnel actions involving employees of nonappropriated fund instru-
mentalities.
Sec. 1041. Coverage of nonappropriated fund employees under authority for flexible
and compressed work schedules.
Sec. 1042. Limitation on provision of overseas living quarters allowances for
nonappropriated fund instrumentality employees.
Sec. 1043. Elections relating to retirement coverage.
Sec. 1044. Extension of temporary authority to pay civilian employees with respect
to the evacuation from Guantanamo, Cuba.
Subtitle E—Miscellaneous Reporting Requirements
H. R. 1530—10
Sec. 1051. Report on fiscal year 1997 budget submission regarding Guard and re-
serve components.
Sec. 1052. Report on desirability and feasibility of providing authority for use of
funds derived from recovered losses resulting from contractor fraud.
Sec. 1053. Report on national policy on protecting the national information infra-
structure against strategic attacks.
Sec. 1054. Report on Department of Defense boards and commissions.
Sec. 1055. Date for submission of annual report on special access programs.
Subtitle F—Repeal of Certain Reporting and Other Requirements and
Authorities
Sec. 1061. Miscellaneous provisions of law.
Sec. 1062. Reports required by title 10, United States Code.
Sec. 1063. Reports required by defense authorization and appropriations Acts.
Sec. 1064. Reports required by other provisions of law.
Subtitle G—Department of Defense Education Programs
Sec. 1071. Continuation of Uniformed Services University of the Health Sciences.
Sec. 1072. Additional graduate schools and programs at Uniformed Services Uni-
versity of the Health Sciences.
Sec. 1073. Funding for adult education programs for military personnel and de-
pendents outside the United States.
Sec. 1074. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employ-
ees.
Sec. 1075. Sharing of personnel of Department of Defense domestic dependent
schools and defense dependents’ education system.
Sec. 1076. Increase in reserve component Montgomery GI Bill educational assist-
ance allowance with respect to skills or specialties for which there is
a critical shortage of personnel.
Sec. 1077. Date for annual report on reserve component Montgomery GI Bill edu-
cational assistance program.
Sec. 1078. Scope of education programs of Community College of the Air Force.
Sec. 1079. Amendments to education loan repayment programs.
Subtitle H—Other Matters
Sec. 1081. National defense technology and industrial base, defense reinvestment,
and defense conversion programs.
Sec. 1082. Ammunition industrial base.
Sec. 1083. Policy concerning excess defense industrial capacity.
Sec. 1084. Sense of Congress concerning access to secondary school student infor-
mation for recruiting purposes.
Sec. 1085. Disclosure of information concerning unaccounted for United States per-
sonnel from the Korean Conflict, the Vietnam era, and the Cold War.
Sec. 1086. Operational support airlift aircraft fleet.
Sec. 1087. Civil Reserve Air Fleet.
Sec. 1088. Damage or loss to personal property due to emergency evacuation or ex-
traordinary circumstances.
Sec. 1089. Authority to suspend or terminate collection actions against deceased
members.
Sec. 1090. Check cashing and exchange transactions for dependents of United
States Government personnel.
Sec. 1091. Designation of National Maritime Center.
Sec. 1092. Sense of Congress regarding historic preservation of Midway Islands.
Sec. 1093. Sense of Senate regarding Federal spending.
Sec. 1094. Extension of authority for vessel war risk insurance.
TITLE XI—UNIFORM CODE OF MILITARY JUSTICE
Sec. 1101. Short title.
Sec. 1102. References to Uniform Code of Military Justice.
Subtitle A—Offenses
Sec. 1111. Refusal to testify before court-martial.
Sec. 1112. Flight from apprehension.
Sec. 1113. Carnal knowledge.
Subtitle B—Sentences
Sec. 1121. Effective date for forfeitures of pay and allowances and reductions in
grade by sentence of court-martial.
Sec. 1122. Required forfeiture of pay and allowances during confinement.
H. R. 1530—11
Sec. 1123. Deferment of confinement.
Subtitle C—Pretrial and Post-Trial Actions
Sec. 1131. Article 32 investigations.
Sec. 1132. Submission of matters to the convening authority for consideration.
Sec. 1133. Commitment of accused to treatment facility by reason of lack of mental
capacity or mental responsibility.
Subtitle D—Appellate Matters
Sec. 1141. Appeals by the United States.
Sec. 1142. Repeal of termination of authority for Chief Justice of United States to
designate Article III judges for temporary service on Court of Appeals
for the Armed Forces.
Subtitle E—Other Matters
Sec. 1151. Advisory committee on criminal law jurisdiction over civilians accom-
panying the Armed Forces in time of armed conflict.
Sec. 1152. Time after accession for initial instruction in the Uniform Code of Mili-
tary Justice.
Sec. 1153. Technical amendment.
TITLE XII—COOPERATIVE THREAT REDUCTION WITH STATES OF
FORMER SOVIET UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs.
Sec. 1202. Fiscal year 1996 funding allocations.
Sec. 1203. Prohibition on use of funds for peacekeeping exercises and related activi-
ties with Russia.
Sec. 1204. Revision to authority for assistance for weapons destruction.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Report on accounting for United States assistance.
Sec. 1207. Limitation on assistance to nuclear weapons scientists of former Soviet
Union.
Sec. 1208. Limitations relating to offensive biological warfare program of Russia.
Sec. 1209. Limitation on use of funds for chemical weapons destruction facility.
TITLE XIII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—Peacekeeping Provisions
Sec. 1301. Placement of United States forces under United Nations operational or
tactical control.
Sec. 1302. Limitation on use of Department of Defense funds for United States
share of costs of United Nations peacekeeping activities.
Subtitle B—Humanitarian Assistance Programs
Sec. 1311. Overseas humanitarian, disaster, and civic aid programs.
Sec. 1312. Humanitarian assistance.
Sec. 1313. Landmine clearance program.
Subtitle C—Arms Exports and Military Assistance
Sec. 1321. Defense export loan guarantees.
Sec. 1322. National security implications of United States export control policy.
Sec. 1323. Department of Defense review of export licenses for certain biological
pathogens.
Sec. 1324. Annual reports on improving export control mechanisms and on military
assistance.
Sec. 1325. Report on personnel requirements for control of transfer of certain weap-
ons.
Subtitle D—Burdensharing and Other Cooperative Activities Involving
Allies and NATO
Sec. 1331. Accounting for burdensharing contributions.
Sec. 1332. Authority to accept contributions for expenses of relocation within host
nation of United States Armed Forces overseas.
Sec. 1333. Revised goal for allied share of costs for United States installations in
Europe.
Sec. 1334. Exclusion of certain forces from European end strength limitation.
Sec. 1335. Cooperative research and development agreements with NATO organiza-
tions.
Sec. 1336. Support services for the Navy at the port of Haifa, Israel.
Subtitle E—Other Matters
H. R. 1530—12
Sec. 1341. Prohibition on financial assistance to terrorist countries.
Sec. 1342. Judicial assistance to the International Tribunal for Yugoslavia and to
the International Tribunal for Rwanda.
Sec. 1343. Semiannual reports concerning United States-People’s Republic of China
Joint Defense Conversion Commission.
TITLE XIV—ARMS CONTROL MATTERS
Sec. 1401. Revision of definition of landmine for purposes of landmine export mora-
torium.
Sec. 1402. Reports on and certification requirement concerning moratorium on use
by Armed Forces of antipersonnel landmines.
Sec. 1403. Extension and amendment of counterproliferation authorities.
Sec. 1404. Limitation on retirement or dismantlement of strategic nuclear delivery
systems.
Sec. 1405. Sense of Congress on ABM treaty violations.
Sec. 1406. Sense of Congress on ratification of Chemical Weapons Convention and
START II Treaty.
Sec. 1407. Implementation of arms control agreements.
Sec. 1408. Iran and Iraq arms nonproliferation.
TITLE XV—TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1501. Amendments related to Reserve Officer Personnel Management Act.
Sec. 1502. Amendments to reflect name change of Committee on Armed Services of
the House of Representatives.
Sec. 1503. Miscellaneous amendments to title 10, United States Code.
Sec. 1504. Miscellaneous amendments to annual defense authorization Acts.
Sec. 1505. Miscellaneous amendments to other laws.
Sec. 1506. Coordination with other amendments.
TITLE XVI—CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE
AND FIREARMS SAFETY
Sec. 1601. Short title.
Subtitle A—Establishment and Operation of Corporation
Sec. 1611. Establishment of the Corporation.
Sec. 1612. Conduct of Civilian Marksmanship Program.
Sec. 1613. Eligibility for participation in Civilian Marksmanship Program.
Sec. 1614. Issuance, loan, and sale of firearms and ammunition by the Corporation.
Sec. 1615. Transfer of firearms and ammunition from the Army to the Corporation.
Sec. 1616. Reservation by the Army of firearms and ammunition for the Corpora-
tion.
Sec. 1617. Army logistical support for the program.
Sec. 1618. General authorities of the Corporation.
Sec. 1619. Distribution of Corporate assets in event of dissolution.
Subtitle B—Transitional Provisions
Sec. 1621. Transfer of funds and property to the Corporation.
Sec. 1622. Continuation of eligibility for certain civil service benefits for former
Federal employees of Civilian Marksmanship Program.
Sec. 1623. Certification of completion of transition.
Sec. 1624. Repeal of authority for conduct of Civilian Marksmanship Program by
the Army.
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.
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.
H. R. 1530—13
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations to clarify
availability of funds for large anechoic chamber facility, Patuxent
River Naval Warfare Center, Maryland.
Sec. 2206. Authority to carry out land acquisition project, Hampton Roads, Vir-
ginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
Sec. 2208. Acquisition or construction of military family housing in vicinity of San
Diego, California.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Retention of accrued interest on funds deposited for construction of fam-
ily housing, Scott Air Force Base, Illinois.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Military family housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Limitations on use of Department of Defense Base Closure Account
1990.
Sec. 2407. Modification of authority to carry out fiscal year 1995 projects.
Sec. 2408. Reduction in amounts authorized to be appropriated for fiscal year 1994
contingency construction projects.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal year 1994
Air National Guard Projects.
Sec. 2603. Correction in authorized uses of funds for Army National Guard projects
in Mississippi.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992 projects.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Housing Privatization Initiative
Sec. 2801. Alternative authority for construction and improvement of military hous-
ing.
Sec. 2802. Expansion of authority for limited partnerships for development of mili-
tary family housing.
Subtitle B—Other Military Construction Program and Military Family
Housing Changes
Sec. 2811. Special threshold for unspecified minor construction projects to correct
life, health, or safety deficiencies.
Sec. 2812. Clarification of scope of unspecified minor construction authority.
Sec. 2813. Temporary authority to waive net floor area limitation for family hous-
ing acquired in lieu of construction.
Sec. 2814. Reestablishment of authority to waive net floor area limitation on acqui-
sition by purchase of certain military family housing.
Sec. 2815. Temporary authority to waive limitations on space by pay grade for mili-
tary family housing units.
Sec. 2816. Rental of family housing in foreign countries.
Sec. 2817. Clarification of scope of report requirement on cost increases under con-
tracts for military family housing construction.
H. R. 1530—14
Sec. 2818. Authority to convey damaged or deteriorated military family housing.
Sec. 2819. Energy and water conservation savings for the Department of Defense.
Sec. 2820. Extension of authority to enter into leases of land for special operations
activities.
Sec. 2821. Disposition of amounts recovered as a result of damage to real property.
Sec. 2822. Pilot program to provide interest rate buy down authority on loans for
housing within housing shortage areas at military installations.
Subtitle C—Defense Base Closure and Realignment
Sec. 2831. Deposit of proceeds from leases of property located at installations being
closed or realigned.
Sec. 2832. In-kind consideration for leases at installations to be closed or realigned.
Sec. 2833. Interim leases of property approved for closure or realignment.
Sec. 2834. Authority to lease property requiring environmental remediation at
installations approved for closure or realignment.
Sec. 2835. Final funding for Defense Base Closure and Realignment Commission.
Sec. 2836. Exercise of authority delegated by the Administrator of General Serv-
ices.
Sec. 2837. Lease back of property disposed from installations approved for closure
or realignment.
Sec. 2838. Improvement of base closure and realignment process regarding disposal
of property.
Sec. 2839. Agreements for certain services at installations being closed.
Sec. 2840. Authority to transfer property at military installations to be closed to
persons who construct or provide military family housing.
Sec. 2841. Use of single base closure authorities for disposal of property and facili-
ties at Fort Holabird, Maryland.
Subtitle D—Land Conveyances Generally
PART I—ARMY CONVEYANCES
Sec. 2851. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2852. Transfer of jurisdiction, Fort Bliss, Texas.
Sec. 2853. Transfer of jurisdiction and land conveyance, Fort Devens Military Res-
ervation, Massachusetts.
Sec. 2854. Modification of land conveyance, Fort Belvoir, Virginia.
Sec. 2855. Land exchange, Fort Lewis, Washington.
Sec. 2856. Land exchange, Army Reserve Center, Gainesville, Georgia.
Sec. 2857. Land conveyance, Holston Army Ammunition Plant, Mount Carmel,
Tennessee.
Sec. 2858. Land conveyance, Indiana Army Ammunition Plant, Charlestown, Indi-
ana.
Sec. 2859. Land conveyance, Fort Ord, California.
Sec. 2860. Land conveyance, Parks Reserve Forces Training Area, Dublin, Califor-
nia.
Sec. 2861. Land conveyance, Army Reserve Center, Youngstown, Ohio.
Sec. 2862. Land conveyance, Army Reserve Property, Fort Sheridan, Illinois.
Sec. 2863. Land conveyance, property underlying Cummins Apartment Complex,
Fort Holabird, Maryland.
Sec. 2864. Modification of existing land conveyance, Army property, Hamilton Air
Force Base, California.
PART II—NAVY CONVEYANCES
Sec. 2865. Transfer of jurisdiction, Naval Weapons Industrial Reserve Plant,
Calverton, New York.
Sec. 2866. Modification of land conveyance, Naval Weapons Industrial Reserve
Plant, Calverton, New York.
Sec. 2867. Land conveyance alternative to existing lease authority, Naval Supply
Center, Oakland, California.
Sec. 2868. Land conveyance, Naval Weapons Industrial Reserve Plant, McGregor,
Texas.
Sec. 2869. Land conveyance, Naval Surface Warfare Center, Memphis, Tennessee.
Sec. 2870. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2871. Land conveyance, Naval Communications Station, Stockton, California.
Sec. 2872. Lease of property, Naval Air Station and Marine Corps Air Station,
Miramar, California.
PART III—AIR FORCE CONVEYANCES
Sec. 2874. Land acquisition or exchange, Shaw Air Force Base, South Carolina.
Sec. 2875. Land conveyance, Elmendorf Air Force Base, Alaska.
Sec. 2876. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
H. R. 1530—15
Sec. 2877. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2878. Land conveyance, Avon Park Air Force Range, Florida.
Subtitle E—Land Conveyances Involving Utilities
Sec. 2881. Conveyance of resource recovery facility, Fort Dix, New Jersey.
Sec. 2882. Conveyance of water and wastewater treatment plants, Fort Gordon,
Georgia.
Sec. 2883. Conveyance of electricity distribution system, Fort Irwin, California.
Sec. 2884. Conveyance of water treatment plant, Fort Pickett, Virginia.
Subtitle F—Other Matters
Sec. 2891. Authority to use funds for certain educational purposes.
Sec. 2892. Department of Defense Laboratory Revitalization Demonstration Pro-
gram.
Sec. 2893. Authority for Port Authority of State of Mississippi to use Navy property
at Naval Construction Battalion Center, Gulfport, Mississippi.
Sec. 2894. Prohibition on joint use of Naval Air Station and Marine Corps Air Sta-
tion, Miramar, California.
Sec. 2895. Report regarding Army water craft support facilities and activities.
Sec. 2896. Residual value reports.
Sec. 2897. Sense of Congress and report regarding Fitzsimons Army Medical Cen-
ter, Colorado.
TITLE XXIX—LAND CONVEYANCES INVOLVING JOLIET ARMY
AMMUNITION PLANT, ILLINOIS
Sec. 2901. Short title.
Sec. 2902. Definitions.
Subtitle A—Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie
Sec. 2911. Principles of transfer.
Sec. 2912. Transfer of management responsibilities and jurisdiction over Arsenal.
Sec. 2913. Responsibility and liability.
Sec. 2914. Establishment and administration of Midewin National Tallgrass Prai-
rie.
Sec. 2915. Special management requirements for Midewin National Tallgrass Prai-
rie.
Sec. 2916. Special transfer rules for certain Arsenal parcels intended for MNP.
Subtitle B—Other Land Conveyances Involving Joliet Army Ammunition
Plant
Sec. 2921. Conveyance of certain real property at Arsenal for a national cemetery.
Sec. 2922. Conveyance of certain real property at Arsenal for a county landfill.
Sec. 2923. Conveyance of certain real property at Arsenal for industrial parks.
Subtitle C—Miscellaneous Provisions
Sec. 2931. Degree of environmental cleanup.
Sec. 2932. Retention of property used for environmental cleanup.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SE-
CURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS
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. Other defense activities.
Sec. 3104. 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.
H. R. 1530—16
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. Authority to conduct program relating to fissile materials.
Sec. 3132. National Ignition Facility.
Sec. 3133. Tritium production program.
Sec. 3134. Payment of penalties.
Sec. 3135. Fissile materials disposition.
Sec. 3136. Tritium recycling.
Sec. 3137. Manufacturing infrastructure for refabrication and certification of nu-
clear weapons stockpile.
Sec. 3138. Hydronuclear experiments.
Sec. 3139. Limitation on authority to conduct hydronuclear tests.
Sec. 3140. Fellowship program for development of skills critical to the Department
of Energy nuclear weapons complex.
Sec. 3141. Limitation on use of funds for certain research and development pur-
poses.
Sec. 3142. Processing and treatment of high-level nuclear waste and spent nuclear
fuel rods.
Sec. 3143. Protection of workers at nuclear weapons facilities.
Sec. 3144. Department of Energy Declassification Productivity Initiative.
Subtitle D—Other Matters
Sec. 3151. Report on foreign tritium purchases.
Sec. 3152. Study on nuclear test readiness postures.
Sec. 3153. Master plan for the certification, stewardship, and management of war-
heads in the nuclear weapons stockpile.
Sec. 3154. Prohibition on international inspections of Department of Energy facili-
ties unless protection of restricted data is certified.
Sec. 3155. Review of certain documents before declassification and release.
Sec. 3156. Accelerated schedule for environmental restoration and waste manage-
ment activities.
Sec. 3157. Sense of Congress regarding certain environmental restoration require-
ments.
Sec. 3158. Responsibility for Defense Programs Emergency Response Program.
Sec. 3159. Requirements for Department of Energy weapons activities budgets for
fiscal years after fiscal year 1996.
Sec. 3160. Report on hydronuclear testing.
Sec. 3161. Applicability of Atomic Energy Community Act of 1955 to Los Alamos,
New Mexico.
Sec. 3162. Sense of Congress regarding shipments of spent nuclear fuel.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Subtitle A—Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of chromite and manganese ores and chromium ferro and man-
ganese metal electrolytic.
Sec. 3304. Restrictions on disposal of manganese ferro.
Sec. 3305. Titanium initiative to support battle tank upgrade program.
Subtitle B—Programmatic Change
Sec. 3311. Transfer of excess defense-related materials to stockpile for disposal.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Subtitle A—Administration of Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal year 1996.
Subtitle B—Sale of Naval Petroleum Reserve
Sec. 3411. Definitions.
H. R. 1530—17
Sec. 3412. Sale of Naval Petroleum Reserve Numbered 1.
Sec. 3413. Effect of sale of reserve.
Sec. 3414. Conditions on sale process.
Sec. 3415. Treatment of State of California claim regarding reserve.
Sec. 3416. Study of future of other naval petroleum reserves.
TITLE XXXV—PANAMA CANAL COMMISSION
Subtitle A—Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Subtitle B—Reconstitution of Commission as Government Corporation
Sec. 3521. Short title.
Sec. 3522. Reconstitution of Commission as Government corporation.
Sec. 3523. Supervisory Board.
Sec. 3524. General and specific powers of Commission.
Sec. 3525. Congressional review of budget.
Sec. 3526. Audits.
Sec. 3527. Prescription of measurement rules and rates of tolls.
Sec. 3528. Procedures for changes in rules of measurement and rates of tolls.
Sec. 3529. Miscellaneous technical amendments.
Sec. 3530. Conforming amendment to title 31, United States Code.
DIVISION D—FEDERAL ACQUISITION REFORM
Sec. 4001. Short title.
TITLE XLI—COMPETITION
Sec. 4101. Efficient competition.
Sec. 4102. Efficient approval procedures.
Sec. 4103. Efficient competitive range determinations.
Sec. 4104. Preaward debriefings.
Sec. 4105. Design-build selection procedures.
TITLE XLII—COMMERCIAL ITEMS
Sec. 4201. Commercial item exception to requirement for cost or pricing data.
Sec. 4202. Application of simplified procedures to certain commercial items.
Sec. 4203. Inapplicability of certain procurement laws to commercially available off-
the-shelf items.
Sec. 4204. Amendment of commercial items definition.
Sec. 4205. Inapplicability of cost accounting standards to contracts and sub-
contracts for commercial items.
TITLE XLIII—ADDITIONAL REFORM PROVISIONS
Subtitle A—Additional Acquisition Reform Provisions
Sec. 4301. Elimination of certain certification requirements.
Sec. 4302. Authorities conditioned on FACNET capability.
Sec. 4303. International competitiveness.
Sec. 4304. Procurement integrity.
Sec. 4305. Further acquisition streamlining provisions.
Sec. 4306. Value engineering for Federal agencies.
Sec. 4307. Acquisition workforce.
Sec. 4308. Demonstration project relating to certain personnel management policies
and procedures.
Sec. 4309. Cooperative purchasing.
Sec. 4310. Procurement notice technical amendments.
Sec. 4311. Micro-purchases without competitive quotations.
Subtitle B—Technical Amendments
Sec. 4321. Amendments related to Federal Acquisition Streamlining Act of 1994.
Sec. 4322. Miscellaneous amendments to Federal acquisition laws.
TITLE XLIV—EFFECTIVE DATES AND IMPLEMENTATION
Sec. 4401. Effective date and applicability.
Sec. 4402. Implementing regulations.
DIVISION E—INFORMATION TECHNOLOGY
MANAGEMENT REFORM
Sec. 5001. Short title.
H. R. 1530—18
Sec. 5002. Definitions.
TITLE LI—RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
TECHNOLOGY
Subtitle A—General Authority
Sec. 5101. Repeal of central authority of the Administrator of General Services.
Subtitle B—Director of the Office of Management and Budget
Sec. 5111. Responsibility of Director.
Sec. 5112. Capital planning and investment control.
Sec. 5113. Performance-based and results-based management.
Subtitle C—Executive Agencies
Sec. 5121. Responsibilities.
Sec. 5122. Capital planning and investment control.
Sec. 5123. Performance and results-based management.
Sec. 5124. Acquisitions of information technology.
Sec. 5125. Agency Chief Information Officer.
Sec. 5126. Accountability.
Sec. 5127. Significant deviations.
Sec. 5128. Interagency support.
Subtitle D—Other Responsibilities
Sec. 5131. Responsibilities regarding efficiency, security, and privacy of Federal
computer systems.
Sec. 5132. Sense of Congress.
Subtitle E—National Security Systems
Sec. 5141. Applicability to national security systems.
Sec. 5142. National security system defined.
TITLE LII—PROCESS FOR ACQUISITIONS OF INFORMATION
TECHNOLOGY
Sec. 5201. Procurement procedures.
Sec. 5202. Incremental acquisition of information technology.
TITLE LIII—INFORMATION TECHNOLOGY ACQUISITION PILOT
PROGRAMS
Subtitle A—Conduct of Pilot Programs
Sec. 5301. Authority to conduct pilot programs.
Sec. 5302. Evaluation criteria and plans.
Sec. 5303. Report.
Sec. 5304. Recommended legislation.
Sec. 5305. Rule of construction.
Subtitle B—Specific Pilot Programs
Sec. 5311. Share-in-savings pilot program.
Sec. 5312. Solutions-based contracting pilot program.
TITLE LIV—ADDITIONAL INFORMATION RESOURCES MANAGEMENT
MATTERS
Sec. 5401. On-line multiple award schedule contracting.
Sec. 5402. Identification of excess and surplus computer equipment.
Sec. 5403. Access of certain information in information systems to the directory es-
tablished under section 4101 of title 44, United States Code.
TITLE LV—PROCUREMENT PROTEST AUTHORITY OF THE
COMPTROLLER GENERAL
Sec. 5501. Period for processing protests.
Sec. 5502. Availability of funds following GAO resolution of challenge to contract-
ing action.
TITLE LVI—CONFORMING AND CLERICAL AMENDMENTS
Sec. 5601. Amendments to title 10, United States Code.
Sec. 5602. Amendments to title 28, United States Code.
Sec. 5603. Amendment to title 31, United States Code.
H. R. 1530—19
Sec. 5604. Amendments to title 38, United States Code.
Sec. 5605. Provisions of title 44, United States Code, relating to paperwork reduc-
tion.
Sec. 5606. Amendment to title 49, United States Code.
Sec. 5607. Other laws.
Sec. 5608. Clerical amendments.
TITLE LVII—EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF
CONSTRUCTION
Sec. 5701. Effective date.
Sec. 5702. Savings provisions.
Sec. 5703. Rules of construction.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional defense
committees’’ means—
(1) the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
(2) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
1996 for procurement for the Army as follows:
(1) For aircraft, $1,558,805,000.
(2) For missiles, $865,555,000.
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$1,652,745,000.
(4) For ammunition, $1,093,991,000.
(5) For other procurement, $2,763,443,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 1996 for procurement for the Navy as follows:
(1) For aircraft, $4,572,394,000.
(2) For weapons, including missiles and torpedoes,
$1,659,827,000.
(3) For shipbuilding and conversion, $6,643,958,000.
(4) For other procurement, $2,414,771,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1996 for procurement for the Marine Corps
in the amount of $458,947,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for procurement of ammunition for
the Navy and the Marine Corps in the amount of $430,053,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
1996 for procurement for the Air Force as follows:
H. R. 1530—20
(1) For aircraft, $7,349,783,000.
(2) For missiles, $2,938,883,000.
(3) For ammunition, $343,848,000.
(4) For other procurement, $6,268,430,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
1996 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$2,124,379,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year
1996 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the Armed
Forces as follows:
(1) For the Army National Guard, $160,000,000.
(2) For the Air National Guard, $255,000,000.
(3) For the Army Reserve, $85,700,000.
(4) For the Naval Reserve, $67,000,000.
(5) For the Air Force Reserve, $135,600,000.
(6) For the Marine Corps Reserve, $73,700,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year
1996 for procurement for the Inspector General of the Department
of Defense in the amount of $1,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year
1996 the amount of $672,250,000 for—
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year
1996 for the Department of Defense for procurement for carrying
out health care programs, projects, and activities of the Department
of Defense in the total amount of $288,033,000.
Subtitle B—Army Programs
SEC. 111. PROCUREMENT OF OH–58D ARMED KIOWA WARRIOR HELI-
COPTERS.
The prohibition in section 133(a)(2) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101–189; 103 Stat. 1383) does not apply to the obligation of funds
in amounts not to exceed $140,000,000 for the procurement of
not more than 20 OH–58D Armed Kiowa Warrior aircraft from
funds appropriated for fiscal year 1996 pursuant to section 101.
SEC. 112. REPEAL 
OF 
REQUIREMENTS 
FOR 
ARMORED 
VEHICLE
UPGRADES.
Subsection (j) of section 21 of the Arms Export Control Act
(22 U.S.C. 2761) is repealed.
H. R. 1530—21
SEC. 113. MULTIYEAR PROCUREMENT OF HELICOPTERS.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into multiyear procure-
ment contracts for procurement of the following:
(1) AH–64D Longbow Apache attack helicopters.
(2) UH–60 Black Hawk utility helicopters.
SEC. 114. REPORT ON AH–64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the Army
shall submit to Congress a report on plans to procure T700–701C
engine upgrade kits for Army AH–64D helicopters. The report shall
include—
(1) a plan to provide for the upgrade of all Army AH–
64D helicopters with T700–701C engine kits commencing in
fiscal year 1996; and
(2) a detailed timeline and statement of funding require-
ments for the engine upgrade program described in paragraph
(1).
SEC. 115. REQUIREMENT FOR USE OF PREVIOUSLY AUTHORIZED
MULTIYEAR 
PROCUREMENT 
AUTHORITY 
FOR 
ARMY
SMALL ARMS PROCUREMENT.
(a) REQUIREMENT.—The Secretary of the Army (subject to the
provision of authority in an appropriations Act) shall enter into
a multiyear procurement contract during fiscal year 1997 in accord-
ance with section 115(b)(2) of the National Defense Authorization
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2681).
(b) TECHNICAL AMENDMENT.—Section 115(b)(1) of the National
Defense Authorization for Fiscal Year 1995 (Public Law 103–337;
108 Stat. 2681) is amended by striking out ‘‘2306(h)’’ and inserting
in lieu thereof ‘‘2306b’’.
Subtitle C—Navy Programs
SEC. 131. NUCLEAR ATTACK SUBMARINES.
(a) AMOUNTS AUTHORIZED.—(1) Of the amount authorized by
section 102 to be appropriated for Shipbuilding and Conversion,
Navy, for fiscal year 1996—
(A) $700,000,000 is available for construction of the third
vessel (designated SSN–23) in the Seawolf attack submarine
class, which shall be the final vessel in that class; and
(B) $804,498,000 is available for long-lead and advance
construction and procurement of components for construction
of the fiscal year 1998 and fiscal year 1999 submarines (pre-
viously designated by the Navy as the New Attack Submarine),
of which—
(i) $704,498,000 shall be available for long-lead and
advance construction and procurement for the fiscal year
1998 submarine, which shall be built by Electric Boat
Division; and
(ii) $100,000,000 shall be available for long-lead and
advance construction and procurement for the fiscal year
1999 submarine, which shall be built by Newport News
Shipbuilding.
(2) Of the amount authorized by section 201(2), $10,000,000
shall be available only for participation of Newport News Shipbuild-
H. R. 1530—22
ing in the design of the submarine previously designated by the
Navy as the New Attack Submarine.
(b) COMPETITION, REPORT, AND
BUDGET
REVISION
LIMITA-
TIONS.—(1) Of the amounts specified in subsection (a)(1), not more
than $200,000,000 may be obligated or expended until the Secretary
of the Navy certifies in writing to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives that procurement of nuclear attack sub-
marines to be constructed beginning—
(A) after fiscal year 1999, or
(B) if four submarines are procured as provided for in
the plan described in subsection (c), after fiscal year 2001,
will be under one or more contracts that are entered into after
competition between potential competitors (as defined in subsection
(k)) in which the Secretary solicits competitive proposals and awards
the contract or contracts on the basis of price.
(2) Of the amounts specified in subsection (a)(1), not more
than $1,000,000,000 may be obligated or expended until the Sec-
retary of Defense, not later than March 15, 1996, accomplishes
each of the following:
(A) Submits to the Committee on Armed Services of the
Senate and the Committee on National Security of the House
of Representatives in accordance with subsection (c) the plan
required by that subsection for a program to produce a more
capable, less expensive nuclear attack submarine than the sub-
marine design previously designated by the Navy as the New
Attack Submarine.
(B) Notwithstanding any other provision of law, or the
funding level in the President’s budget for each year after
fiscal year 1996, the Under Secretary of Defense (Comptroller)
shall incorporate the costs of the plan required by subsection
(c) in the Future Years Defense Program (FYDP) even if the
total cost of that Program exceeds the President’s budget.
(C) Directs that the Under Secretary of Defense for Acquisi-
tion and Technology conduct oversight over the development
and improvement of the nuclear attack submarine program
of the Navy. Officials of the Department of the Navy exercising
management oversight of the program shall report to the Under
Secretary of Defense for Acquisition and Technology with
respect to that program.
(c) PLAN FOR FISCAL YEAR 1998, 1999, 2000, AND 2001 SUB-
MARINES.—(1) The Secretary of Defense shall, not later than March
15, 1996, develop (and submit to the committees specified in sub-
section (b)(2)(A)) a detailed plan for development of a program
that will lead to production of a more capable, less expensive
submarine than the submarine previously designated as the New
Attack Submarine.
(2) As part of such plan, the Secretary shall provide for a
program for the design, development, and procurement of four
nuclear attack submarines to be procured during fiscal years 1998
through 2001, the purpose of which shall be to develop and dem-
onstrate new technologies that will result in each successive sub-
marine of those four being a more capable and more affordable
submarine than the submarine that preceded it. The program shall
be structured so that—
H. R. 1530—23
(A) one of the four submarines is to be constructed with
funds appropriated for each fiscal year from fiscal year 1998
through fiscal year 2001;
(B) in order to ensure flexibility for innovation, the fiscal
year 1998 and the fiscal year 2000 submarines are to be con-
structed by the Electric Boat Division and the fiscal year 1999
and the fiscal year 2001 submarines are to be constructed
by Newport News Shipbuilding;
(C) the design designated by the Navy for the submarine
previously designated as the New Attack Submarine will be
used as the base design by both contractors;
(D) each contractor shall be called upon to propose improve-
ments, including design improvements, for each successive sub-
marine as new and better technology is demonstrated and
matures so that—
(i) each successive submarine is more capable and more
affordable; and
(ii) the design for a future class of nuclear attack
submarines will incorporate the latest, best, and most
affordable technology; and
(E) the fifth and subsequent nuclear attack submarines
to be built after the SSN–23 submarine shall be procured
as required by subsection (b)(1).
(3) The plan under paragraph (1) shall—
(A) set forth a program to accomplish the design, develop-
ment, and construction of the four submarines taking maximum
advantage of a streamlined acquisition process, as provided
under subsection (d);
(B) culminate in selection of a design for a next submarine
for serial production not earlier than fiscal year 2003, with
such submarine to be procured as required by subsection (b)(1);
(C) identify advanced technologies that are in various
phases of research and development, as well as those that
are commercially available off-the-shelf, that are candidates
to be incorporated into the plan to design, develop, and procure
the submarines;
(D) designate the fifth submarine to be procured as the
lead ship in the next generation submarine class, unless the
Secretary of the Navy, in consultation with the special sub-
marine review panel described in subsection (f), determines
that more submarines should be built before the design of
the new class of submarines is fixed, in which case each such
additional submarine shall be procured in the same manner
as is required by subsection (b)(1); and
(E) identify the impact of the submarine program described
in paragraph (1) on the remainder of the appropriation account
known as ‘‘Shipbuilding and Conversion, Navy’’, as such impact
relates to—
(i) force structure levels required by the October 1993
Department of Defense report entitled ‘‘Report on the Bot-
tom-Up Review’’;
(ii) force structure levels required by the 1995 report
on the Surface Ship Combatant Study that was carried
out for the Department of Defense; and
(iii) the funding requirements for submarine construc-
tion, as a percentage of the total ship construction account,
for each fiscal year throughout the FYDP.
H. R. 1530—24
(d) STREAMLINED ACQUISITION PROCESS.—The Secretary of
Defense shall prescribe and use streamlined acquisition policies
and procedures to reduce the cost and increase the efficiency of
the submarine program under this section.
(e) ANNUAL REVISIONS TO PLAN.—The Secretary shall submit
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives an annual
update to the plan required to be submitted under subsection (b).
Each such update shall be submitted concurrent with the Presi-
dent’s budget submission to Congress for each of fiscal years 1998
through 2002.
(f) SPECIAL SUBMARINE REVIEW PANEL.—(1) The plan under
subsection (c) and each annual update under subsection (e) shall
be reviewed by a special bipartisan congressional panel working
with the Navy. The panel shall consist of three members of the
Committee on Armed Services of the Senate, who shall be des-
ignated by the chairman of that committee, and three members
of the Committee on National Security of the House of Representa-
tives, who shall be designated by the chairman of that committee.
The members of the panel shall be briefed by the Secretary of
the Navy on the status of the submarine modernization program
and the status of submarine-related research and development
under this section.
(2) Not later than May 1 of each year, the panel shall report
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives on the
panel’s findings and recommendations regarding the progress of
the Secretary in procuring a more capable, less expensive sub-
marine. The panel may recommend any funding adjustments it
believes appropriate to achieve this objective.
(g) LINKAGE OF FISCAL YEAR 1998 AND 1999 SUBMARINES.—
Funds referred to in subsection (a)(1)(B) that are available for
the fiscal year 1998 and fiscal year 1999 submarines under this
section may not be expended during fiscal year 1996 for the fiscal
year 1998 submarine (other than for design) unless funds are obli-
gated or expended during such fiscal year for a contract in support
of procurement of the fiscal year 1999 submarine.
(h) CONTRACTS AUTHORIZED.—The Secretary of the Navy is
authorized, using funds available pursuant to paragraph (1)(B)
of subsection (a), to enter into contracts with Electric Boat Division
and Newport News Shipbuilding, and suppliers of components, dur-
ing fiscal year 1996 for—
(1) the procurement of long-lead components for the fiscal
year 1998 submarine and the fiscal year 1999 submarine under
this section; and
(2) advance construction of such components and other
components for such submarines.
(i) ADVANCED RESEARCH PROJECTS AGENCY DEVELOPMENT OF
ADVANCED TECHNOLOGIES.—(1) Of the amount provided in section
201(4) for the Advanced Research Projects Agency, $100,000,000
is available only for development and demonstration of advanced
technologies for incorporation into the submarines constructed as
part of the plan developed under subsection (c). Such advanced
technologies shall include the following:
(A) Electric drive.
(B) Hydrodynamic quieting.
(C) Ship control automation.
H. R. 1530—25
(D) Solid-state power electronics.
(E) Wake reduction technologies.
(F) Superconductor technologies.
(G) Torpedo defense technologies.
(H) Advanced control concept.
(I) Fuel cell technologies.
(J) Propulsors.
(2) The Director of the Advanced Research Projects Agency
shall implement a rapid prototype acquisition strategy for both
land-based and at-sea subsystem and system demonstrations of
advanced technologies under paragraph (1). Such acquisition strat-
egy shall be developed and implemented in concert with Electric
Boat Division and Newport News Shipbuilding and the Navy.
(j) REFERENCES TO CONTRACTORS.—For purposes of this sec-
tion—
(1) the contractor referred to as ‘‘Electric Boat Division’’
is the Electric Boat Division of the General Dynamics Corpora-
tion; and
(2) the contractor referred to as ‘‘Newport News Shipbuild-
ing’’ is the Newport News Shipbuilding and Drydock Company.
(k) POTENTIAL COMPETITOR DEFINED.—For purposes of this sec-
tion, the term ‘‘potential competitor’’ means any source to which
the Secretary of the Navy has awarded, within 10 years before
the date of the enactment of this Act, a contract or contracts
to construct one or more nuclear attack submarines.
SEC. 132. RESEARCH FOR ADVANCED SUBMARINE TECHNOLOGY.
Of the amount appropriated for fiscal year 1996 for the National
Defense Sealift Fund, $50,000,000 shall be available only for the
Director of the Advanced Research Projects Agency for advanced
submarine technology activities.
SEC. 133. COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
(a) LIMITATION OF COSTS.—Except as provided in subsection
(b), the total amount obligated or expended for procurement of
the SSN–21, SSN–22, and SSN–23 Seawolf class submarines may
not exceed $7,223,659,000.
(b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—The amount
of the limitation set forth in subsection (a) is increased by the
following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarines referred to in such subsection.
(2) The amounts of increases in costs attributable to eco-
nomic inflation after September 30, 1995.
(3) The amounts of increases in costs attributable to compli-
ance with changes in Federal, State, or local laws enacted
after September 30, 1995.
(c) REPEAL
OF SUPERSEDED PROVISION.—Section 122 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 108 Stat. 2682) is repealed.
SEC. 134. REPEAL OF PROHIBITION ON BACKFIT OF TRIDENT SUB-
MARINES.
Section 124 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 108 Stat. 2683) is repealed.
H. R. 1530—26
SEC. 135. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) AUTHORIZATION FOR PROCUREMENT OF SIX VESSELS.—The
Secretary of the Navy is authorized to construct six Arleigh Burke
class destroyers in accordance with this section. Within the amount
authorized to be appropriated pursuant to section 102(a)(3),
$2,169,257,000 is authorized to be appropriated for construction
(including advance procurement) for the Arleigh Burke class
destroyers.
(b) CONTRACTS.—(1) The Secretary is authorized to enter into
contracts in fiscal year 1996 for the construction of three Arleigh
Burke class destroyers.
(2) The Secretary is authorized, in fiscal year 1997, to enter
into contracts for the construction of the other three Arleigh Burke
class destroyers covered by subsection (a), subject to the availability
of appropriations for such destroyers.
(3) In awarding contracts for the six vessels covered by sub-
section (a), the Secretary shall continue the contract award pattern
and sequence used by the Secretary for the procurement of Arleigh
Burke class destroyers during fiscal years 1994 and 1995.
(4) A contract for construction of a vessel or vessels that is
entered into in accordance with paragraph (1) shall include a clause
that limits the liability of the Government to the contractor for
any termination of the contract. The maximum liability of the
Government under the clause shall be the amount appropriated
for the vessel or vessels.
(c) USE OF AVAILABLE FUNDS.—(1) Subject to paragraph (2),
the Secretary may take appropriate actions to use for full funding
of a contract entered into in accordance with subsection (b)—
(A) any funds that, having been appropriated for shipbuild-
ing and conversion programs of the Navy other than Arleigh
Burke class destroyer programs pursuant to the authorization
in section 102(a)(3), become excess to the needs of the Navy
for such programs by reason of cost savings achieved for such
programs;
(B) any unobligated funds that are available to the Sec-
retary for shipbuilding and conversion for any fiscal year before
fiscal year 1996; and
(C) any funds that are appropriated after the date of the
enactment of the Department of Defense Appropriations Act,
1996, to complete the full funding of the contract.
(2) The Secretary may not, in the exercise of authority provided
in subparagraph (A) or (B) of paragraph (1), obligate funds for
a contract entered into in accordance with subsection (b) until
30 days after the date on which the Secretary submits to the
congressional defense committees in writing a notification of the
intent to obligate the funds. The notification shall set forth the
source or sources of the funds and the amount of the funds from
each such source that is to be so obligated.
SEC. 136. ACQUISITION PROGRAM FOR CRASH ATTENUATING SEATS.
(a) PROGRAM AUTHORIZED.—The Secretary of the Navy shall
establish a program to procure for, and install in, H–53E military
transport helicopters commercially developed, energy absorbing,
crash attenuating seats that the Secretary determines are consistent
with military specifications for seats for such helicopters.
(b) FUNDING.—To the extent provided in appropriations Acts,
of the unobligated balance of amounts appropriated for the Legacy
H. R. 1530—27
Resource Management Program pursuant to the authorization of
appropriations in section 301(5) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2706),
not more than $10,000,000 shall be available to the Secretary
of the Navy, by transfer to the appropriate accounts, for carrying
out the program authorized in subsection (a).
SEC. 137. T–39N TRAINER AIRCRAFT.
(a) LIMITATION.—The Secretary of the Navy may not enter
into a contract, using funds appropriated for fiscal year 1996 for
procurement of aircraft for the Navy, for the acquisition of the
aircraft described in subsection (b) until 60 days after the date
on which the Under Secretary of Defense for Acquisition and Tech-
nology submits to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives—
(1) an analysis of the proposed acquisition of such aircraft;
and
(2) a certification that the proposed acquisition during fiscal
year 1996 (A) is in the best interest of the Government, and
(B) is the most cost effective means of meeting the requirements
of the Navy for aircraft for use in the training of naval flight
officers.
(b) COVERED AIRCRAFT.—Subsection (a) applies to certain T–
39 trainer aircraft that as of November 1, 1995 (1) are used by
the Navy under a lease arrangement for the training of naval
flight officers, and (2) are offered for sale to the Government.
SEC. 138. PIONEER UNMANNED AERIAL VEHICLE PROGRAM.
Not more than one-sixth of the amount appropriated pursuant
to this Act for the activities and operations of the Unmanned
Aerial Vehicle Joint Program Office (UAV–JPO), and none of the
unobligated balances of funds appropriated for fiscal years before
fiscal year 1996 for the activities and operations of such office,
may be obligated until the Secretary of the Navy certifies to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives that funds
have been obligated to equip nine Pioneer Unmanned Aerial Vehicle
systems with the Common Automatic Landing and Recovery System
(CARS).
Subtitle D—Air Force Programs
SEC. 141. B–2 AIRCRAFT PROGRAM.
(a) REPEAL OF LIMITATIONS.—The following provisions of law
are repealed:
(1) Section 151(c) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2339).
(2) Sections 131(c) and 131(d) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103–160;
107 Stat. 1569).
(3) Section 133(e) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2688).
(b) CONVERSION OF LIMITATION TO ANNUAL REPORT REQUIRE-
MENT.—Section 112 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1373)
is amended—
H. R. 1530—28
(1) by striking out subsection (a);
(2) by striking out the matter in subsection (b) preceding
paragraph (1) and inserting in lieu thereof the following:
‘‘(a) ANNUAL REPORTING REQUIREMENT.—Not later than March
1 of each year, the Secretary of Defense shall submit to the Commit-
tee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report that sets forth
the finding of the Secretary (as of January 1 of such year) on
each of the following matters:’’;
(3) by striking out ‘‘That’’ in paragraphs (1), (2), (3), (4),
and (5) and inserting in lieu thereof ‘‘Whether’’;
(4) in paragraph (1), by striking out ‘‘latest’’ and all that
follows through ‘‘100–180’’ and inserting in lieu thereof
‘‘Requirements Correlation Matrix found in the user-defined
Operational Requirements Document (as contained in Attach-
ment B to a letter from the Secretary of Defense to Congress
dated October 14, 1993)’’;
(5) in paragraph (3), by striking out ‘‘congressional defense’’;
(6) in paragraph (4), by striking out ‘‘such certification
to be submitted’’;
(7) by adding at the end the following:
‘‘(b) FIRST REPORT.—The Secretary shall submit the first annual
report under subsection (a) not later than March 1, 1996.’’; and
(8) by amending the section heading to read as follows:
‘‘SEC. 112. ANNUAL REPORT ON B–2 BOMBER AIRCRAFT PROGRAM.’’.
(c) REPEAL
OF
CONDITION
ON
OBLIGATION
OF
FUNDS
IN
ENHANCED BOMBER CAPABILITY FUND.—Section 133(d)(3) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 108 Stat. 2688) is amended by striking out ‘‘If,’’
and all that follows through ‘‘bombers, the Secretary’’ and inserting
in lieu thereof ‘‘The Secretary’’.
SEC. 142. PROCUREMENT OF B–2 BOMBERS.
Of the amount authorized to be appropriated by section 103
for the B–2 bomber procurement program, not more than
$279,921,000 may be obligated or expended before March 31, 1996.
SEC. 143. MC–130H AIRCRAFT PROGRAM.
The limitation on the obligation of funds for payment of an
award fee and the procurement of contractor-furnished equipment
for the MC–130H Combat Talon aircraft set forth in section 161(a)
of the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101–189; 103 Stat. 1388) shall cease to
apply upon determination by the Director of Operational Test and
Evaluation (and submission of a certification of that determination
to the congressional defense committees) that, based on the oper-
ational test and evaluation and the analysis conducted on that
aircraft to the date of that determination, such aircraft is operation-
ally effective and meets the needs of its intended users.
H. R. 1530—29
Subtitle E—Chemical Demilitarization
Program
SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDITIOUSLY
WITH DEVELOPMENT OF CHEMICAL DEMILITARIZATION
CRYOFRACTURE FACILITY AT TOOELE ARMY DEPOT,
UTAH.
Subsection (a) of section 173 of the National Defense Authoriza-
tion Act for Fiscal Years 1990 and 1991 (Public Law 101–189;
103 Stat. 1393) is repealed.
SEC. 152. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMI-
CAL AGENTS AND MUNITIONS.
(a) IN GENERAL.—The Secretary of Defense shall proceed with
the program for destruction of the chemical munitions stockpile
of the Department of Defense while maintaining the maximum
protection of the environment, the general public, and the personnel
involved in the actual destruction of the munitions. In carrying
out such program, the Secretary shall use technologies and proce-
dures that will minimize the risk to the public at each site.
(b) INITIATION
OF DEMILITARIZATION OPERATIONS.—The Sec-
retary of Defense may not initiate destruction of the chemical
munitions stockpile stored at a site until the following support
measures are in place:
(1) Support measures that are required by Department
of Defense and Army chemical surety and security program
regulations.
(2) Support measures that are required by the general
and site chemical munitions demilitarization plans specific to
that installation.
(3) Support measures that are required by the permits
required by the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for
chemical munitions demilitarization operations at that installa-
tion, as approved by the appropriate State regulatory agencies.
(c) ASSESSMENT
OF
ALTERNATIVES.—(1) The Secretary of
Defense shall conduct an assessment of the current chemical demili-
tarization program and of measures that could be taken to reduce
significantly the total cost of the program, while ensuring maximum
protection of the general public, the personnel involved in the
demilitarization program, and the environment. The measures
considered shall be limited to those that would minimize the risk
to the public. The assessment shall be conducted without regard
to any limitation that would otherwise apply to the conduct of
such an assessment under any provision of law.
(2) The assessment shall be conducted in coordination with
the National Research Council.
(3) Based on the results of the assessment, the Secretary shall
develop appropriate recommendations for revision of the chemical
demilitarization program.
(4) Not later than March 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees an interim
report assessing the current status of the chemical stockpile demili-
tarization program, including the results of the Army’s analysis
of the physical and chemical integrity of the stockpile and implica-
tions for the chemical demilitarization program, and providing rec-
H. R. 1530—30
ommendations for revisions to that program that have been included
in the budget request of the Department of Defense for fiscal
year 1997. The Secretary shall submit to the congressional defense
committees with the submission of the budget request of the Depart-
ment of Defense for fiscal year 1998 a final report on the assessment
conducted in accordance with paragraph (1) and recommendations
for revision to the program, including an assessment of alternative
demilitarization technologies and processes to the baseline inciner-
ation process and potential reconfiguration of the stockpile that
should be incorporated in the program.
(d) ASSISTANCE FOR CHEMICAL WEAPONS STOCKPILE COMMU-
NITIES AFFECTED BY BASE CLOSURE.—(1) The Secretary of Defense
shall review and evaluate issues associated with closure and
reutilization of Department of Defense facilities co-located with
continuing chemical stockpile and chemical demilitarization oper-
ations.
(2) The review shall include the following:
(A) An analysis of the economic impacts on these commu-
nities and the unique reuse problems facing local communities
associated with ongoing chemical weapons programs.
(B) Recommendations of the Secretary on methods for
expeditious and cost-effective transfer or lease of these facilities
to local communities for reuse by those communities.
(3) The Secretary shall submit to the congressional defense
committees a report on the review and evaluation under this sub-
section. The report shall be submitted not later than 90 days
after the date of the enactment of this Act.
SEC. 153. ADMINISTRATION OF CHEMICAL DEMILITARIZATION PRO-
GRAM.
(a) TRAVEL FUNDING FOR MEMBERS OF CHEMICAL DEMILITARIZA-
TION CITIZENS’ ADVISORY COMMISSIONS.—Section 172(g) of Public
Law 102–484 (50 U.S.C. 1521 note) is amended to read as follows:
‘‘(g) PAY AND EXPENSES.—Members of each commission shall
receive no pay for their involvement in the activities of their
commissions. Funds appropriated for the Chemical Stockpile
Demilitarization Program may be used for travel and associated
travel costs for Citizens’ Advisory Commissioners, when such travel
is conducted at the invitation of the Assistant Secretary of the
Army (Research, Development, and Acquisition).’’.
(b) QUARTERLY REPORT CONCERNING TRAVEL FUNDING FOR CITI-
ZENS’ ADVISORY COMMISSIONERS.—Section 1412(g) of the Depart-
ment of Defense Authorization Act, 1986 (50 U.S.C. 1521(g)), is
amended—
(1) by striking out ‘‘(g) ANNUAL REPORT.—’’ and inserting
in lieu thereof ‘‘(g) PERIODIC REPORTS.—’’;
(2) in paragraph (2)—
(A) by striking out ‘‘Each such report shall con-
tain—’’ and inserting in lieu thereof ‘‘Each annual report
shall contain—’’
(B) in subparagraph (B)—
(i) by striking out ‘‘and’’ at the end of clause (iv);
(ii) by striking out the period at the end of clause
(v) and inserting in lieu thereof ‘‘; and’’; and
(iii) by adding at the end the following:
H. R. 1530—31
‘‘(vi) travel and associated travel costs for Citizens’
Advisory Commissioners under section 172(g) of Public Law
102–484 (50 U.S.C. 1521 note).’’;
(3) by redesignating paragraph (3) as paragraph (4);
(4) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) The Secretary shall transmit to the Committee on Armed
Services and the Committee on Appropriations of the Senate and
the Committee on National Security and the Committee on Appro-
priations of the House of Representatives a quarterly report contain-
ing an accounting of all funds expended (during the quarter covered
by the report) for travel and associated travel costs for Citizens’
Advisory Commissioners under section 172(g) of Public Law 102–
484 (50 U.S.C. 1521 note). The quarterly report for the final quarter
of the period covered by a report under paragraph (1) may be
included in that report.’’; and
(5) in paragraph (4), as redesignated by paragraph (3)—
(A) by striking out ‘‘this subsection’’ and inserting in
lieu thereof ‘‘paragraph (1)’’; and
(B) by adding at the end the following: ‘‘No quarterly
report is required under paragraph (3) after the transmittal
of the final report under paragraph (1).’’.
(c) DIRECTOR OF PROGRAM.—Section 1412(e)(3) of the Depart-
ment of Defense Authorization Act, 1986 (50 U.S.C. 1521(e)(3)),
is amended by inserting ‘‘or civilian equivalent’’ after ‘‘general
officer’’.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
1996 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $4,737,581,000.
(2) For the Navy, $8,474,783,000.
(3) For the Air Force, $12,914,868,000.
(4) For Defense-wide activities, $9,693,180,000, of which—
(A) $251,082,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $22,587,000 is authorized for the Director of Oper-
ational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVEL-
OPMENT.
(a) FISCAL YEAR 1996.—Of the amounts authorized to be appro-
priated by section 201, $4,088,879,000 shall be available for basic
research and exploratory development projects.
(b) 
BASIC
RESEARCH
AND
EXPLORATORY
DEVELOPMENT
DEFINED.—For purposes of this section, the term ‘‘basic research
and exploratory development’’ means work funded in program ele-
H. R. 1530—32
ments for defense research and development under Department
of Defense category 6.1 or 6.2.
SEC. 203. MODIFICATIONS 
TO 
STRATEGIC 
ENVIRONMENTAL
RESEARCH AND DEVELOPMENT PROGRAM.
(a) COUNCIL MEMBERSHIP.—Section 2902(b) of title 10, United
States Code, is amended—
(1) by striking out ‘‘thirteen’’ and inserting in lieu thereof
‘‘12’’;
(2) by striking out paragraph (3);
(3) by redesignating paragraphs (4), (5), (6), (7), (8), (9),
and (10) as paragraphs (3), (4), (5), (6), (7), (8), and (9), respec-
tively; and
(4) in paragraph (8), as redesignated, by striking out ‘‘,
who shall be nonvoting members’’.
(b) ANNUAL REPORT.—(1) Section 2902 of such title is amended
in subsection (d)—
(A) by striking out paragraph (3) and inserting in lieu
thereof the following:
‘‘(3) To prepare an annual report that contains the follow-
ing:
‘‘(A) A description of activities of the strategic environ-
mental research and development program carried out dur-
ing the fiscal year before the fiscal year in which the
report is prepared.
‘‘(B) A general outline of the activities planned for
the program during the fiscal year in which the report
is prepared.
‘‘(C) 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.’’; and
(B) in paragraph (4), by striking out ‘‘Federal Coordinating
Council on Science, Engineering, and Technology’’ and inserting
in lieu thereof ‘‘National Science and Technology Council’’.
(2) Section 2902 of such title is further amended—
(A) by striking out subsections (f) and (h);
(B) by redesignating subsection (g) as subsection (f); and
(C) by adding at the end the following new subsection:
‘‘(g)(1) Not later than February 1 of each year, the Council
shall submit to the Secretary of Defense the annual report prepared
pursuant to subsection (d)(3).
‘‘(2) Not later than March 15 of each year, the Secretary of
Defense shall submit such annual report to Congress, along with
such comments as the Secretary considers appropriate.’’.
(3) The amendments made by this subsection shall apply with
respect to the annual report prepared during fiscal year 1997 and
each fiscal year thereafter.
(c) POLICIES AND PROCEDURES.—Section 2902(e) of such title
is amended in paragraph (3) by striking out ‘‘programs, particularly’’
and all that follows through the end of the paragraph and inserting
in lieu thereof ‘‘programs;’’.
(d) COMPETITIVE PROCEDURES.—Section 2903(c) of such title
is amended—
H. R. 1530—33
(1) by striking out ‘‘or’’ after ‘‘contracts’’ and inserting in
lieu thereof ‘‘using competitive procedures. The Executive Direc-
tor may enter into’’; and
(2) by striking out ‘‘law, except that’’ and inserting in
lieu thereof ‘‘law. In either case,’’.
(e) CONTINUATION OF EXPIRING AUTHORITY.—(1) Section 2903(d)
of such title is amended in paragraph (2) by striking out the
last sentence.
(2) The amendment made by paragraph (1) shall take effect
as of September 29, 1995.
SEC. 204. DEFENSE DUAL USE TECHNOLOGY INITIATIVE.
(a) FISCAL YEAR 1996 AMOUNT.—Of the amount authorized
to be appropriated in section 201(4), $195,000,000 shall be available
for the defense dual use technology initiative conducted under chap-
ter 148 of title 10, United States Code.
(b) AVAILABILITY
OF
FUNDS
FOR
EXISTING
TECHNOLOGY
REINVESTMENT PROJECTS.—The Secretary of Defense shall use
amounts made available for the defense dual use technology initia-
tive under subsection (a) only for the purpose of continuing or
completing technology reinvestment projects that were initiated
before October 1, 1995.
(c) NOTICE CONCERNING PROJECTS TO BE CARRIED OUT.—Of
the amounts made available for the defense dual use technology
initiative under subsection (a)—
(1) $145,000,000 shall be available for obligation only after
the date on which the Secretary of Defense notifies the congres-
sional defense committees regarding the defense reinvestment
projects to be funded using such funds; and
(2) the remaining $50,000,000 shall be available for obliga-
tion only after the date on which the Secretary of Defense
certifies to the congressional defense committees that the
defense reinvestment projects to be funded using such funds
have been determined by the Joint Requirements Oversight
Council to be of significant military priority.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) ALLOCATION OF FUNDS.—Of the amount authorized to be
appropriated pursuant to the authorization in section 201(3),
$50,000,000 shall be available for a competitive reusable rocket
technology program.
(b) LIMITATION.—Funds made available pursuant to subsection
(a)(1) may be obligated only to the extent that the fiscal year
1996 current operating plan of the National Aeronautics and Space
Administration allocates at least an equal amount for its Reusable
Space Launch program.
SEC. 212. TACTICAL MANNED RECONNAISSANCE.
(a) LIMITATION.—None of the amounts appropriated or other-
wise made available pursuant to an authorization in this Act may
be used by the Secretary of the Air Force to conduct research,
development, test, or evaluation for a replacement aircraft, pod,
or sensor payload for the tactical manned reconnaissance mission
H. R. 1530—34
until the report required by subsection (b) is submitted to the
congressional defense committees.
(b) REPORT.—The Secretary of the Air Force shall submit to
the congressional defense committees a report setting forth in detail
information about the manner in which the funds authorized by
section 201 of this Act and section 201 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108
Stat. 2690) are planned to be used during fiscal year 1996 for
research, development, test, and evaluation for the Air Force tactical
manned reconnaissance mission. At a minimum, the report shall
include the sources, by program element, of the funds and the
purposes for which the funds are planned to be used.
SEC. 213. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) ALLOCATION OF FUNDS.—Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201,
$200,156,000 shall be available for the Joint Advanced Strike Tech-
nology (JAST) program. Of that amount—
(1) $83,795,000 shall be available for program element
63800N in the budget of the Department of Defense for fiscal
year 1996;
(2) $85,686,000 shall be available for program element
63800F in such budget; and
(3) $30,675,000 shall be available for program element
63800E in such budget.
(b) ADDITIONAL ALLOCATION.—Of the amounts made available
under paragraphs (1), (2), and (3) of subsection (a)—
(1) $25,000,000 shall be available from the amount author-
ized to be appropriated pursuant to the authorization in section
201(2) for the conduct, during fiscal year 1996, of a 6-month
program definition phase for the A/F117X, an F–117 fighter
aircraft modified for use by the Navy as a long-range, medium
attack aircraft; and
(2) $7,000,000 shall be available to provide for competitive
engine concepts.
(c) LIMITATION.—Not more than 75 percent of the amount
appropriated for the Joint Advanced Strike Technology program
pursuant to the authorizations in section 201 may be obligated
until a period of 30 days has expired after the report required
by subsection (d) is submitted to the congressional defense commit-
tees.
(d) REPORT.—The Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified and
classified forms, not later than March 1, 1996, that sets forth
in detail the following information for the period 1997 through
2005:
(1) The total joint requirement, assuming the capability
to successfully conduct two nearly simultaneous major regional
contingencies, for the following:
(A) Numbers of bombers, tactical combat aircraft, and
attack helicopters and the characteristics required of those
aircraft in terms of capabilities, range, and low-observ-
ability.
(B) Surface- and air-launched standoff precision guided
munitions.
(C) Cruise missiles.
H. R. 1530—35
(D) Ground-based systems, such as the Extended
Range-Multiple Launch Rocket System and the Army Tac-
tical Missile System (ATACMS), for joint warfighting
capability.
(2) The warning time assumptions for two nearly simulta-
neous major regional contingencies, and the effects on future
tactical attack/fighter aircraft requirements using other warn-
ing time assumptions.
(3) The requirements that exist for the Joint Advanced
Strike Technology program that cannot be met by existing
aircraft or by those in development.
SEC. 214. DEVELOPMENT OF LASER PROGRAM.
Of the amount authorized to be appropriated by section 201(2),
$9,000,000 shall be used for the development by the Naval High
Energy Laser Office of a continuous wave, superconducting radio
frequency free electron laser program.
SEC. 215. NAVY MINE COUNTERMEASURES PROGRAM.
Section 216(a) of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1317)
is amended—
(1) by striking out ‘‘Director, Defense Research and
Engineering’’ and inserting in lieu thereof ‘‘Under Secretary
of Defense for Acquisition and Technology’’; and
(2) by striking out ‘‘fiscal years 1995 through 1999’’ and
inserting in lieu thereof ‘‘fiscal years 1996 through 1999’’.
SEC. 216. SPACE-BASED INFRARED SYSTEM.
(a) PROGRAM BASELINE.—The Secretary of Defense shall estab-
lish a program baseline for the Space-Based Infrared System. Such
baseline shall—
(1) include—
(A) program cost and an estimate of the funds required
for development and acquisition activities for each fiscal
year in which such activities are planned to be carried
out;
(B) a comprehensive schedule with program milestones
and exit criteria; and
(C) optimized performance parameters for each seg-
ment of an integrated space-based infrared system;
(2) be structured to achieve initial operational capability
of the low earth orbit space segment (the Space and Missile
Tracking System) in fiscal year 2003, with a first launch of
Block I satellites in fiscal year 2002;
(3) ensure integration of the Space and Missile Tracking
System into the architecture of the Space-Based Infrared Sys-
tem; and
(4) ensure that the performance parameters of all space
segment components are selected so as to optimize the perform-
ance of the Space-Based Infrared System while minimizing
unnecessary redundancy and cost.
(b) REPORT ON PROGRAM BASELINE.—Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report,
in classified and unclassified forms as necessary, on the program
baseline established under subsection (a).
H. R. 1530—36
(c) ESTABLISHMENT
OF PROGRAM ELEMENTS.—In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for any fiscal year after fiscal year
1996 (as submitted in the budget of the President under section
1105(a) of title 31, United States Code), the amount requested
for the Space-Based Infrared System shall be set forth in accordance
with the following program elements:
(1) Space Segment High.
(2) Space Segment Low (Space and Missile Tracking Sys-
tem).
(3) Ground Segment.
(d) FUNDING FOR FISCAL YEAR 1996.—Of the amounts author-
ized to be appropriated pursuant to section 201(3) for fiscal year
1996, or otherwise made available to the Department of Defense
for fiscal year 1996, the following amounts shall be available for
the Space-Based Infrared System:
(1) $265,744,000 for demonstration and validation, of which
$249,824,000 shall be available for the Space and Missile Track-
ing System.
(2) $162,219,000 for engineering and manufacturing devel-
opment, of which $9,400,000 shall be available for the Miniature
Sensor Technology Integration program.
SEC. 217. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) AGENCY FUNDING.—Of the amounts authorized to be appro-
priated to the Department of Defense in section 201, $241,703,000
shall be available for the Defense Nuclear Agency.
(b) TUNNEL
CHARACTERIZATION
AND
NEUTRALIZATION
PRO-
GRAM.—Of the amount made available under subsection (a),
$3,000,000 shall be available for a tunnel characterization and
neutralization program to be managed by the Defense Nuclear
Agency as part of the counterproliferation activities of the Depart-
ment of Defense.
(c) LONG-TERM RADIATION TOLERANT MICROELECTRONICS PRO-
GRAM.—(1) Of the amount made available under subsection (a),
$6,000,000 shall be available for the establishment of a long-term
radiation tolerant microelectronics program to be managed by the
Defense Nuclear Agency for the purposes of—
(A) providing for the development of affordable and effective
hardening technologies and for incorporation of such tech-
nologies into systems;
(B) sustaining the supporting industrial base; and
(C) ensuring that a use of a nuclear weapon in regional
threat scenarios does not interrupt or defeat the continued
operability of systems of the Armed Forces exposed to the
combined effects of radiation emitted by the weapon.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report on how the long-term radiation tolerant microelectronics
program is to be conducted and funded in the fiscal years after
fiscal year 1996 that are covered by the future-years defense pro-
gram submitted to Congress in 1995.
(d) ELECTROTHERMAL GUN TECHNOLOGY PROGRAM.—Of the
amount made available under subsection (a), $4,000,000 shall be
available for the electrothermal gun technology program of the
Defense Nuclear Agency.
H. R. 1530—37
SEC. 218. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) FUNDING.—Of the funds authorized to be appropriated to
the Department of Defense under section 201(4), $138,237,000 shall
be available for the Counterproliferation Support Program, of which
$30,000,000 shall be available for a tactical antisatellite tech-
nologies program.
(b) ADDITIONAL AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) In addition to the transfer authority provided in section 1001,
upon determination by the Secretary of Defense that such action
is necessary in the national interest, the Secretary may transfer
amounts of authorizations made available to the Department of
Defense in this division for fiscal year 1996 to counterproliferation
programs, projects, and activities identified as areas for progress
by the Counterproliferation Program Review Committee established
by section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1845). Amounts
of authorizations so transferred shall be merged with and be avail-
able for the same purposes as the authorization to which trans-
ferred.
(2) The total amount of authorizations transferred under the
authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations—
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(B) may not be used to provide authority for an item
that has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the amount
authorized for the account to which the amount is transferred
by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
SEC. 219. NONLETHAL WEAPONS STUDY.
(a) FINDINGS.—Congress finds the following:
(1) The role of the United States military in operations
other than war has increased.
(2) Weapons and instruments that are nonlethal in applica-
tion yet immobilizing could have widespread operational utility
and application.
(3) The use of nonlethal weapons in operations other than
war poses a number of important doctrine, legal, policy, and
operations questions which should be addressed in a com-
prehensive and coordinated manner.
(4) The development of nonlethal technologies continues
to spread across military and agency budgets.
(5) The Department of Defense should provide improved
budgetary focus and management direction to the nonlethal
weapons program.
(b) RESPONSIBILITY FOR DEVELOPMENT OF NONLETHAL WEAPONS
TECHNOLOGY.—Not later than February 15, 1996, the Secretary
of Defense shall assign centralized responsibility for development
(and any other functional responsibility the Secretary considers
appropriate) of nonlethal weapons technology to an existing office
H. R. 1530—38
within the Office of the Secretary of Defense or to a military
service as the executive agent.
(c) REPORT.—Not later than February 15, 1996, the Secretary
of Defense shall submit to Congress a report setting forth the
following:
(1) The name of the office or military service assigned
responsibility for the nonlethal weapons program by the Sec-
retary of Defense pursuant to subsection (b) and a discussion
of the rationale for such assignment.
(2) The degree to which nonlethal weapons are required
by more than one of the armed forces.
(3) The time frame for the development and deployment
of such weapons.
(4) The appropriate role of the military departments and
defense agencies in the development of such weapons.
(5) The military doctrine, legal, policy, and operational
issues that must be addressed by the Department of Defense
before such weapons achieve operational capability.
(d) AUTHORIZATION.—Of the amount authorized to be appro-
priated under section 201(4), $37,200,000 shall be available for
nonlethal weapons programs and nonlethal technologies programs.
(e) DEFINITION.—For purposes of this section, the term
‘‘nonlethal weapon’’ means a weapon or instrument the effect of
which on human targets is less than fatal.
SEC. 220. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CEN-
TERS AND UNIVERSITY-AFFILIATED RESEARCH CENTERS.
(a) CENTERS COVERED.—Funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1996 pursu-
ant to an authorization of appropriations in section 201 may be
obligated to procure work from a federally funded research and
development center (in this section referred to as an ‘‘FFRDC’’)
or a university-affiliated research center (in this section referred
to as a ‘‘UARC’’) only in the case of a center named in the report
required by subsection (b) and, in the case of such a center, only
in an amount not in excess of the amount of the proposed funding
level set forth for that center in such report.
(b) REPORT ON ALLOCATIONS FOR CENTERS.—(1) Not later than
30 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives a report containing—
(A) the name of each FFRDC and UARC from which work
is proposed to be procured for the Department of Defense
for fiscal year 1996; and
(B) for each such center, the proposed funding level and
the estimated personnel level for fiscal year 1996.
(2) The total of the proposed funding levels set forth in the
report for all FFRDCs and UARCs may not exceed the amount
set forth in subsection (d).
(c) LIMITATION PENDING SUBMISSION OF REPORT.—Not more
than 15 percent of the funds appropriated or otherwise made avail-
able for the Department of Defense for fiscal year 1996 pursuant
to an authorization of appropriations in section 201 for FFRDCs
and UARCs may be obligated to procure work from an FFRDC
or UARC until the Secretary of Defense submits the report required
by subsection (b).
H. R. 1530—39
(d) FUNDING.—Of the amounts authorized to be appropriated
by section 201, not more than a total of $1,668,850,000 may be
obligated to procure services from the FFRDCs and UARCs named
in the report required by subsection (b).
(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—The Secretary
of Defense may waive the limitation regarding the maximum fund-
ing amount that applies under subsection (a) to an FFRDC or
UARC. Whenever the Secretary proposes to make such a waiver,
the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives notice of the proposed waiver and the
reasons for the waiver. The waiver may then be made only after
the end of the 60-day period that begins on the date on which
the notice is submitted to those committees, unless the Secretary
determines that it is essential to the national security that funds
be obligated for work at that center in excess of that limitation
before the end of such period and notifies those committees of
that determination and the reasons for the determination.
(f) FIVE-YEAR PLAN.—(1) The Secretary of Defense, in consulta-
tion with the Secretaries of the military departments, shall develop
a five-year plan to reduce and consolidate the activities performed
by FFRDCs and UARCs and establish a framework for the future
workload of such centers.
(2) The plan shall—
(A) set forth the manner in which the Secretary of Defense
could achieve by October 1, 2000, implementation by FFRDCs
and UARCs of only those core activities, as defined by the
Secretary, that require the unique capabilities and arrange-
ments afforded by such centers; and
(B) include an assessment of the number of personnel
needed in each FFRDC and UARC during each year over the
five years covered by the plan.
(3) Not later than February 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees a report on
the plan required by this subsection.
SEC. 221. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK.
Of the amount authorized to be appropriated under section
201(3), $9,500,000 shall be available for fiscal year 1996 (in program
element 61101F in the budget of the Department of Defense for
fiscal year 1996) for continuation of the Joint Seismic Program
and Global Seismic Network.
SEC. 222. HYDRA–70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) FUNDING AUTHORIZATION.—Of the amount authorized to
be appropriated under section 201(1) for Other Missile Product
Improvement Programs, $10,000,000 is authorized to be appro-
priated for a Hydra–70 rocket product improvement program and
to be made available under such program for full qualification
and operational platform certification of a Hydra–70 rocket
described in subsection (b) for use on the Apache attack helicopter.
(b) HYDRA–70 ROCKET
COVERED.—The Hydra–70 rocket
referred to in subsection (a) is any Hydra–70 rocket that has as
its propulsion component a 2.75-inch rocket motor that is a
nondevelopmental item and uses a composite propellant.
(c) COMPETITION REQUIRED.—The Secretary of the Army shall
conduct the product improvement program referred to in subsection
(a) with full and open competition.
H. R. 1530—40
(d) SUBMISSION
OF TECHNICAL DATA PACKAGE REQUIRED.—
Upon the full qualification and operational platform certification
of a Hydra–70 rocket as described in subsection (a), the contractor
providing the rocket so qualified and certified shall submit the
technical data package for the rocket to the Secretary of the Army.
The Secretary shall use the technical data package in competitions
for contracts for the procurement of Hydra–70 rockets described
in subsection (b) for the Army.
(e) DEFINITIONS.—For purposes of this section, the terms ‘‘full
and open competition’’ and ‘‘nondevelopmental item’’ have the mean-
ings given such terms in section 4 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403).
SEC. 223. LIMITATION ON OBLIGATION OF FUNDS UNTIL RECEIPT OF
ELECTRONIC COMBAT CONSOLIDATION MASTER PLAN.
(a) LIMITATION.—Not more than 75 percent of the amounts
appropriated or otherwise made available pursuant to the
authorization of appropriations in section 201 for test and evalua-
tion program elements 65896A, 65864N, 65807F, and 65804D in
the budget of the Department of Defense for fiscal year 1996 may
be obligated until 14 days after the date on which the congressional
defense committees receive the plan specified in subsection (b).
(b) PLAN.—The plan referred to in subsection (a) is the master
plan for electronic combat consolidation described under Defense-
Wide Programs under Research, Development, Test, and Evaluation
in the Report of the Committee on Armed Services of the House
of Representatives on H.R. 4301 (House Report 103–499), dated
May 10, 1994.
SEC. 224. OBLIGATION OF CERTAIN FUNDS DELAYED UNTIL RECEIPT
OF REPORT ON SCIENCE AND TECHNOLOGY RESCISSIONS.
(a) DELAY IN OBLIGATION OF CERTAIN FUNDS.—None of the
amounts appropriated or otherwise made available pursuant to
the authorization in section 201(4) may be obligated until 14 days
after the date on which the congressional defense committees
receive a report by the Under Secretary of Defense (Comptroller)
that sets forth in detail the allocation of rescissions for science
and technology described in subsection (b).
(b) DESCRIPTION OF RESCISSIONS.—The rescissions for science
and technology covered by subsection (a) are the Army, Navy,
Air Force, and Defense-wide science and technology (1995/1996)
rescissions that are made by the Emergency Supplemental Appro-
priations and Rescissions for the Department of Defense to Preserve
and Enhance Military Readiness Act of 1995 (Public Law 104–
6), as set forth in the Joint Explanatory Statement of the Committee
of Conference in the conference report accompanying that Act
(House Report 104–101).
SEC. 225. OBLIGATION OF CERTAIN FUNDS DELAYED UNTIL RECEIPT
OF REPORT ON REDUCTIONS IN RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION.
(a) DELAY IN OBLIGATION OF CERTAIN FUNDS.—Not more than
50 percent of the amounts appropriated or otherwise made available
pursuant to the authorization in section 201(4) may be obligated
until 14 days after the date on which the congressional defense
committees receive a report by the Under Secretary of Defense
(Comptroller) that sets forth in detail the allocation of reductions
H. R. 1530—41
for research, development, test, and evaluation described in sub-
section (b).
(b) DESCRIPTION OF REDUCTIONS.—The reductions for research,
development, test, and evaluation covered by subsection (a) are
the following Army, Navy, Air Force, and Defense-wide reductions,
as required by the Department of Defense Appropriations Act, 1996:
(1) General reductions.
(2) Reductions to reflect savings from revised economic
assumptions.
(3) Reductions to reflect the funding ceiling for defense
federally funded research and development centers.
(4) Reductions for savings through improved management
of contractor automatic data processing costs charged through
indirect rates on Department of Defense acquisition contracts.
SEC. 226. ADVANCED FIELD ARTILLERY SYSTEM (CRUSADER).
(a) AUTHORITY TO USE FUNDS FOR ALTERNATIVE PROPELLANT
TECHNOLOGIES.—During fiscal year 1996, the Secretary of the Army
may use funds appropriated for the liquid propellant portion of
the Advanced Field Artillery System (Crusader) program for fiscal
year 1996 for alternative propellant technologies and integration
of those technologies into the design of the Crusader if—
(1) the Secretary determines that the technical risk associ-
ated with liquid propellant will increase costs and delay the
initial operational capability of the Crusader; and
(2) the Secretary notifies the congressional defense commit-
tees of the proposed use of the funds and the reasons for
the proposed use of the funds.
(b) LIMITATION.—The Secretary of the Army may not spend
funds for the liquid propellant portion of the Crusader program
after August 15, 1996, unless—
(1) the report required by subsection (c) has been submitted
by that date; and
(2) such report includes documentation of significant
progress, as determined by the Secretary, toward meeting the
objectives for the liquid propellant portion of the program,
as set forth in the baseline description for the Crusader program
and approved by the Office of the Secretary of Defense on
January 4, 1995.
(c) REPORT REQUIRED.—Not later than August 1, 1996, the
Secretary of the Army shall submit to the congressional defense
committees a report containing documentation of the progress being
made in meeting the objectives set forth in the baseline description
for the Crusader program and approved by the Office of the Sec-
retary of Defense on January 4, 1995. The report shall specifically
address the progress being made toward meeting the following
objectives:
(1) Establishment of breech and ignition design criteria
for rate of fire for the cannon of the Crusader.
(2) Selection of a satisfactory ignition concept for the next
prototype of the cannon.
(3) Selection, on the basis of modeling and simulation,
of design concepts to prevent chamber piston reversals, and
validation of the selected concepts by gun and mock chamber
firings.
(4) Achievement of an understanding of the chemistry and
physics of propellant burn resulting from the firing of liquid
H. R. 1530—42
propellant into any target zone, and achievement, on the basis
of modeling and simulation, of an ignition process that is
predictable.
(5) Completion of an analysis of the management of heat
dissipation for the full range of performance requirements for
the cannon, completion of concept designs supported by that
analysis, and proposal of such concept designs for engineering.
(6) Development, for integration into the next prototype
of the cannon, of engineering designs to control pressure oscilla-
tions in the chamber of the cannon during firing.
(7) Completion of an assessment of the sensitivity of liquid
propellant to contamination by various materials to which it
may be exposed throughout the handling and operation of the
cannon, and documentation of predictable reactions of contami-
nated or sensitized liquid propellant.
(d) ADDITIONAL MATTERS TO BE COVERED BY REPORT.—The
report required by subsection (c) also shall contain the following:
(1) An assertion that all the known hazards associated
with liquid propellant have been identified and are controllable
to acceptable levels.
(2) An assessment of the technology for each component
of the Crusader (the cannon, vehicle, and crew module), includ-
ing, for each performance goal of the Crusader program (includ-
ing the goal for total system weight), information about the
maturity of the technology to achieve that goal, the maturity
of the design of the technology, and the manner in which
the design has been proven (for example, through simulation,
bench testing, or weapon firing).
(3) An assessment of the cost of continued development
of the Crusader after August 1, 1996, and the cost of each
unit of the Crusader in the year the Crusader will be completed.
SEC. 227. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCK-
ETS, AND EXPLOSIVES.
Of the amount appropriated pursuant to the authorization in
section 201 for explosives demilitarization technology, $15,000,000
shall be available to establish an integrated program for the devel-
opment and demonstration of conventional munitions and explosives
demilitarization technologies that comply with applicable environ-
mental laws for the demilitarization and disposal of unserviceable,
obsolete, or nontreaty compliant munitions, rocket motors, and
explosives.
SEC. 228. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.
(a) LIMITATION.—Not more than three percent of the total
amount appropriated for research and development under the
Defense Airborne Reconnaissance program pursuant to the
authorizations of appropriations in section 201 may be obligated
for systems engineering and technical assistance (SETA) contracts
until—
(1) funds are obligated (out of such appropriated funds)
for—
(A) the upgrade of U–2 aircraft senior year electro-
optical reconnaissance sensors to the newest configuration;
and
(B) the upgrade of the U–2 SIGINT system; and
(2) the Under Secretary of Defense for Acquisition and
Technology submits the report required under subsection (b).
H. R. 1530—43
(b) REPORT ON U–2-RELATED UPGRADES.—(1) Not later than
April 1, 1996, the Under Secretary of Defense for Acquisition and
Technology shall transmit to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives a report on obligations of funds for
upgrades relating to airborne reconnaissance by U–2 aircraft.
(2) The report shall set forth the specific purposes under the
general purposes described in subparagraphs (A) and (B) of sub-
section (a)(1) for which funds have been obligated (as of the date
of the report) and the amounts that have been obligated (as of
such date) for those specific purposes.
Subtitle C—Ballistic Missile Defense Act of
1995
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘‘Ballistic Missile Defense
Act of 1995’’.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The emerging threat that is posed to the national secu-
rity interests of the United States by the proliferation of ballis-
tic missiles is significant and growing, both in terms of numbers
of missiles and in terms of the technical capabilities of those
missiles.
(2) The deployment of ballistic missile defenses is a nec-
essary, but not sufficient, element of a broader strategy to
discourage both the proliferation of weapons of mass destruction
and the proliferation of the means of their delivery and to
defend against the consequences of such proliferation.
(3) The deployment of effective Theater Missile Defense
systems can deter potential adversaries of the United States
from escalating a conflict by threatening or attacking United
States forces or the forces or territory of coalition partners
or allies of the United States with ballistic missiles armed
with weapons of mass destruction to offset the operational
and technical advantages of the United States and its coalition
partners and allies.
(4) United States intelligence officials have provided intel-
ligence estimates to congressional committees that (A) the trend
in missile proliferation is toward longer range and more sophis-
ticated ballistic missiles, (B) North Korea may deploy an inter-
continental ballistic missile capable of reaching Alaska or
beyond within five years, and (C) although a new, indigenously
developed ballastic missile threat to the continental United
States is not foreseen within the next ten years, determined
countries can acquire intercontinental ballistic missiles in the
near future and with little warning by means other than indige-
nous development.
(5) The development and deployment by the United States
and its allies of effective defenses against ballistic missiles
of all ranges will reduce the incentives for countries to acquire
such missiles or to augment existing missile capabilities.
(6) The concept of mutual assured destruction (based upon
an offense-only form of deterrence), which is the major philo-
H. R. 1530—44
sophical rationale underlying the ABM Treaty, is now question-
able as a basis for stability in a multipolar world in which
the United States and the states of the former Soviet Union
are seeking to normalize relations and eliminate Cold War
attitudes and arrangements.
(7) The development and deployment of a National Missile
Defense system against the threat of limited ballistic missile
attacks—
(A) would strengthen deterrence at the levels of forces
agreed to by the United States and Russia under the
Strategic Arms Reduction Talks Treaty (START–I); and
(B) would further strengthen deterrence if reductions
below the levels permitted under START–I should be
agreed to and implemented in the future.
(8) The distinction made during the Cold War, based upon
the technology of the time, between strategic ballistic missiles
and nonstrategic ballistic missiles, which resulted in the distinc-
tion made in the ABM Treaty between strategic defense and
nonstrategic defense, has become obsolete because of techno-
logical advancement (including the development by North Korea
of long-range Taepo-Dong I and Taepo-Dong II missiles) and,
therefore, that distinction in the ABM Treaty should be
reviewed.
SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
It is the policy of the United States—
(1) to deploy affordable and operationally effective theater
missile defenses to protect forward-deployed and expeditionary
elements of the Armed Forces of the United States and to
complement the missile defense capabilities of forces of coalition
partners and of allies of the United States;
(2) to—
(A) deploy a National Missile Defense system that—
(i) is affordable and operationally effective against
limited, accidental, or unauthorized ballistic missile
attacks on the territory of the United States; and
(ii) can be augmented over time as the threat
changes to provide a layered defense against limited,
accidental, or unauthorized ballistic missile threats;
(B) initiate negotiations with the Russian Federation
as necessary to provide for the National Missile Defense
system specified in section 235; and
(C) consider, if those negotiations fail, the option of
withdrawing from the ABM Treaty in accordance with the
provisions of Article XV of that treaty, subject to consulta-
tions between the President and the Congress;
(3) to ensure congressional review, before deployment of
the system specified in paragraph (2), of (A) the affordability
and operational effectiveness of such system, (B) the threat
to be countered by such a system, and (C) ABM Treaty consider-
ations with respect to such a system; and
(4) to seek a cooperative, negotiated transition to a regime
that does not feature an offense-only form of deterrence as
the basis for strategic stability.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) ESTABLISHMENT OF CORE PROGRAM.—To implement the pol-
icy established in paragraph (1) of section 233, the Secretary of
H. R. 1530—45
Defense shall restructure the core theater missile defense program
to consist of the following systems, to be carried out so as to
achieve the specified capabilities:
(1) The Patriot PAC–3 system, with a first unit equipped
(FUE) during fiscal year 1998.
(2) The Navy Lower Tier (Area) system, with a user oper-
ational evaluation system (UOES) capability during fiscal year
1997 and an initial operational capability (IOC) during fiscal
year 1999.
(3) The Theater High-Altitude Area Defense (THAAD) sys-
tem, with a user operational evaluation system (UOES) capabil-
ity not later than fiscal year 1998 and a first unit equipped
(FUE) not later than fiscal year 2000.
(4) The Navy Upper Tier (Theater Wide) system, with
a user operational evaluation system (UOES) capability during
fiscal year 1999 and an initial operational capability (IOC)
during fiscal year 2001.
(b) USE OF STREAMLINED ACQUISITION PROCEDURES.—The Sec-
retary of Defense shall prescribe and use streamlined acquisition
policies and procedures to reduce the cost and increase the efficiency
of developing and deploying the theater missile defense systems
specified in subsection (a).
(c) INTEROPERABILITY
AND SUPPORT
OF CORE SYSTEMS.—To
maximize effectiveness and flexibility of the systems comprising
the core theater missile defense program, the Secretary of Defense
shall ensure that those systems are integrated and complementary
and are fully capable of exploiting external sensor and battle
management support from systems such as—
(A) the Cooperative Engagement Capability (CEC) system
of the Navy;
(B) airborne sensors; and
(C) space-based sensors (including, in particular, the Space
and Missile Tracking System).
(d) FOLLOW-ON SYSTEMS.—(1) The Secretary of Defense shall
prepare an affordable development plan for theater missile defense
systems to be developed as follow-on systems to the core systems
specified in subsection (a). The Secretary shall make the selection
of a system for inclusion in the plan based on the capability of
the system to satisfy military requirements not met by the systems
in the core program and on the capability of the system to use
prior investments in technologies, infrastructure, and battle-
management capabilities that are incorporated in, or associated
with, the systems in the core program.
(2) The Secretary may not proceed with the development of
a follow-on theater missile defense system beyond the Demonstra-
tion/Validation stage of development unless the Secretary des-
ignates that system as a part of the core program under this
section and submits to the congressional defense committees notice
of that designation. The Secretary shall include with any such
notification a report describing—
(A) the requirements for the system and the specific threats
that such system is designed to counter;
(B) how the system will relate to, support, and build upon
existing core systems;
(C) the planned acquisition strategy for the system; and
H. R. 1530—46
(D) a preliminary estimate of total program cost for that
system and the effect of development and acquisition of such
system on Department of Defense budget projections.
(e) PROGRAM ACCOUNTABILITY REPORT.—(1) As part of the
annual report of the Ballistic Missile Defense Organization required
by section 224 of Public Law 101–189 (10 U.S.C. 2431 note), the
Secretary of Defense shall describe the technical milestones, the
schedule, and the cost of each phase of development and acquisition
(together with total estimated program costs) for each core and
follow-on theater missile defense program.
(2) As part of such report, the Secretary shall describe, with
respect to each program covered in the report, any variance in
the technical milestones, program schedule milestones, and costs
for the program compared with the information relating to that
program in the report submitted in the previous year and in the
report submitted in the first year in which that program was
covered.
(f) REPORTS
ON
TMD SYSTEM
LIMITATIONS
UNDER
ABM
TREATY.—(1) Whenever, after January 1, 1993, the Secretary of
Defense issues a certification with respect to the compliance of
a particular Theater Missile Defense system with the ABM Treaty,
the Secretary shall transmit to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives a copy of such certification. Such transmit-
tal shall be made not later than 30 days after the date on which
such certification is issued, except that in the case of a certification
issued before the date of the enactment of this Act, such transmittal
shall be made not later than 60 days after the date of the enactment
of this Act.
(2) If a certification under paragraph (1) is based on application
of a policy concerning United States compliance with the ABM
Treaty that differs from the policy of the United States specified
in section 237(b)(1), the Secretary shall include with the transmittal
under that paragraph a report providing a detailed assessment
of—
(A) how the policy applied differs from the policy of the
United States specified in section 237(b)(1); and
(B) how the application of that policy (rather than the
policy specified in section 237(b)(1)) will affect the cost, sched-
ule, and performance of that system.
SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.
(a) REQUIREMENT FOR DEVELOPMENT OF SYSTEM.—To imple-
ment the policy established in paragraph (2) of section 233, the
Secretary of Defense shall develop for deployment an affordable
and operationally effective National Missile Defense (NMD) system
which shall achieve an initial operational capability (IOC) by the
end of 2003.
(b) ELEMENTS OF THE NMD SYSTEM.—The system to be devel-
oped for deployment shall include the following elements:
(1) Ground-based interceptors capable of being deployed
at multiple sites, the locations and numbers of which are to
be determined so as to optimize defensive coverage of the
continental United States, Alaska, and Hawaii against limited,
accidental, or unauthorized ballistic missile attacks.
(2) Fixed ground-based radars.
H. R. 1530—47
(3) Space-based sensors, including the type of space-based
sensors known as ABM-adjunct sensors (and specifically includ-
ing the system known as the Space and Missile Tracking Sys-
tem), such ABM-adjunct sensors—
(A) not being prohibited by the ABM Treaty; and
(B) being capable of cuing ground-based anti-ballistic
missile interceptors and of providing initial targeting vec-
tors.
(4) Battle management, command, control, and communica-
tions (BM/C3).
(c) IMPLEMENTATION.—The Secretary shall—
(1) during fiscal year 1996 initiate required preparatory
and planning actions (such as initial site surveys and selection
and planning for the necessary environmental impact studies)
that are necessary so as to be capable of meeting the initial
operational capability (IOC) date specified in subsection (a);
(2) plan to conduct by the end of 1998 an integrated systems
test which uses elements (including BM/C3 elements) that are
representative of and traceable to the National Missile Defense
system architecture specified in subsection (b);
(3) prescribe and use streamlined acquisition policies and
procedures to reduce the cost and increase the efficiency of
developing the system specified in subsection (b); and
(4) develop an affordable NMD follow-on program which—
(A) leverages off of the NMD system specified in sub-
section (a), and
(B) can augment that system, as the threat changes,
to provide for a layered defense.
(d) REPORT ON PLAN FOR NMD SYSTEM DEVELOPMENT AND
DEPLOYMENT.—Not later than the date on which the President
submits the budget for fiscal year 1997 under section 1105 of
title 31, United States Code, the Secretary of Defense shall submit
to the congressional defense committees a report containing the
following matters:
(1) The Secretary’s plan for carrying out this section.
(2) The Secretary’s estimate of the appropriations required
for research, development, test, evaluation, and for procure-
ment, for each of fiscal years 1997 through 2003 in order
to achieve the initial operational capability date specified in
subsection (a).
(3) A sensitivity analysis of options to improve the effective-
ness of such system by adding one or a combination of the
following:
(A) Additional ground-based interceptors.
(B) Sea-based missile defense systems.
(C) Space-based kinetic energy interceptors.
(D) Space-based directed energy systems.
(4) A determination of the point at which any activity
that is required to be carried out under this section and section
233(2) would conflict with the terms of the ABM Treaty,
together with a description of any such activity, the legal basis
for the Secretary’s determination, and an estimate of the time
at which such point would be reached in order to meet the
initial operational capability date specified in subsection (a).
SEC. 236. POLICY REGARDING THE ABM TREATY.
(a) FINDINGS.—Congress makes the following findings:
H. R. 1530—48
(1) Article XIII of the ABM Treaty envisions ‘‘possible
changes in the strategic situation which have a bearing on
the provisions of this treaty’’.
(2) Articles XIII and XIV of the treaty establish means
for the parties to amend the treaty, and the parties have
in the past used those means to amend the treaty.
(3) Article XV of the treaty establishes the means for a
party to withdraw from the treaty, upon six months notice
‘‘if it decides that extraordinary events related to the subject
matter of this treaty have jeopardized its supreme interests’’.
(4) The policies, programs, and requirements of this subtitle
can be accomplished through processes specified within, or
consistent with, the ABM Treaty, which anticipates the need
and provides the means for amendment to the Treaty.
(5) Previous discussions between the United States and
Russia, based on Russian President Yeltsin’s proposal for a
Global Protection System, held promise of an agreement to
amend the ABM Treaty to allow (among other measures)
deployment of as many as four ground-based interceptor sites
in addition to the one site permitted under the ABM Treaty
and unrestricted exploitation of sensors based within the
atmosphere and in space.
(b) ABM TREATY NEGOTIATIONS.—In light of the findings in
subsection (a), Congress urges the President to pursue high-level
discussions with the Russian Federation to amend the ABM Treaty
to allow—
(1) deployment of multiple ground-based ABM sites to pro-
vide effective defense of the territory of the United States
against limited ballistic missile attack;
(2) the unrestricted exploitation of sensors based within
the atmosphere and in space; and
(3) increased flexibility for development, testing, and
deployment of follow-on NMD systems.
SEC. 237. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN INTER-
NATIONAL AGREEMENT CONCERNING THEATER MISSILE
DEFENSE SYSTEMS.
(a) FINDINGS.—(1) Congress hereby reaffirms—
(A) the finding in section 234(a)(7) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103–160;
107 Stat. 1595; 10 U.S.C. 2431 note) that the ABM Treaty
was not intended to, and does not, apply to or limit research,
development, testing, or deployment of missile defense systems,
system upgrades, or system components that are designed to
counter modern theater ballistic missiles, regardless of the
capabilities of such missiles, unless those systems, system
upgrades, or system components are tested against or have
demonstrated capabilities to counter modern strategic ballistic
missiles; and
(B) the statement in section 232 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–337;
108 Stat. 2700) that the United States shall not be bound
by any international agreement entered into by the President
that would substantively modify the ABM Treaty unless the
agreement is entered into pursuant to the treaty making power
of the President under the Constitution.
H. R. 1530—49
(2) Congress also finds that the demarcation standard described
in subsection (b)(1) for compliance of a missile defense system,
system upgrade, or system component with the ABM Treaty is
based upon current technology.
(b) SENSE OF CONGRESS CONCERNING COMPLIANCE POLICY.—
It is the sense of Congress that—
(1) unless a missile defense system, system upgrade, or
system component (including one that exploits data from space-
based or other external sensors) is flight tested in an ABM-
qualifying flight test (as defined in subsection (e)), that system,
system upgrade, or system component has not, for purposes
of the ABM Treaty, been tested in an ABM mode nor been
given capabilities to counter strategic ballistic missiles and,
therefore, is not subject to any application, limitation, or obliga-
tion under the ABM Treaty; and
(2) any international agreement that would limit the
research, development, testing, or deployment of missile defense
systems, system upgrades, or system components that are
designed to counter modern theater ballistic missiles in a man-
ner that would be more restrictive than the compliance criteria
specified in paragraph (1) should be entered into only pursuant
to the treaty making powers of the President under the Con-
stitution.
(c) PROHIBITION ON FUNDING.—Funds appropriated or otherwise
made available to the Department of Defense for fiscal year 1996
may not be obligated or expended to implement an agreement,
or any understanding with respect to interpretation of the ABM
Treaty, between the United States and any of the independent
states of the former Soviet Union entered into after January 1,
1995, that—
(1) would establish a demarcation between theater missile
defense systems and anti-ballistic missile systems for purposes
of the ABM Treaty; or
(2) would restrict the performance, operation, or deploy-
ment of United States theater missile defense systems.
(d) EXCEPTIONS.—Subsection (c) does not apply—
(1) to the extent provided by law in an Act enacted after
this Act;
(2) to expenditures to implement that portion of any such
agreement or understanding that implements the policy set
forth in subsection (b)(1); or
(3) to expenditures to implement any such agreement or
understanding that is approved as a treaty or by law.
(e) 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. 238. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
It is in the interest of the United States to develop its own
missile defense capabilities in a manner that will permit the United
States to complement the missile defense capabilities developed
and deployed by its allies and possible coalition partners. Therefore,
the Congress urges the President—
(1) to pursue high-level discussions with allies of the United
States and selected other states on the means and methods
by which the parties on a bilateral basis can cooperate in
H. R. 1530—50
the development, deployment, and operation of ballistic missile
defenses;
(2) to take the initiative within the North Atlantic Treaty
Organization to develop consensus in the Alliance for a timely
deployment of effective ballistic missile defenses by the Alliance;
and
(3) in the interim, to seek agreement with allies of the
United States and selected other states on steps the parties
should take, consistent with their national interests, to reduce
the risks posed by the threat of limited ballistic missile attacks,
such steps to include—
(A) the sharing of early warning information derived
from sensors deployed by the United States and other
states;
(B) the exchange on a reciprocal basis of technical
data and technology to support both joint development
programs and the sale and purchase of missile defense
systems and components; and
(C) operational level planning to exploit current missile
defense capabilities and to help define future requirements.
SEC. 239. ABM TREATY DEFINED.
For purposes of this subtitle, the term ‘‘ABM Treaty’’ means
the Treaty Between the United States of America and the Union
of Soviet Socialist Republics on the Limitation of Anti-Ballistic
Missile Systems, and signed at Moscow on May 26, 1972, and
includes the Protocols to that Treaty, signed at Moscow on July
3, 1974.
SEC. 240. REPEAL OF MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (10 U.S.C. 2431 note) is
repealed.
Subtitle D—Other Ballistic Missile Defense
Provisions
SEC. 251. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) ELEMENTS SPECIFIED.—In the budget justification materials
submitted to Congress in support of the Department of Defense
budget for any fiscal year after fiscal year 1996 (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code), the amount requested for activities of
the Ballistic Missile Defense Organization shall be set forth in
accordance with the following program elements:
(1) The Patriot system.
(2) The Navy Lower Tier (Area) system.
(3) The Theater High-Altitude Area Defense (THAAD) sys-
tem.
(4) The Navy Upper Tier (Theater Wide) system.
(5) The Corps Surface-to-Air Missile (SAM) system.
(6) Other Theater Missile Defense Activities.
(7) National Missile Defense.
(8) Follow-On and Support Technologies.
(b) TREATMENT
OF CORE THEATER MISSILE DEFENSE PRO-
GRAMS.—Amounts requested for core theater missile defense pro-
grams specified in section 234 shall be specified in individual,
H. R. 1530—51
dedicated program elements, and amounts appropriated for such
programs shall be available only for activities covered by those
program elements.
(c) BM/C3I PROGRAMS.—Amounts requested for programs,
projects, and activities involving battle management, command,
control, communications, and intelligence (BM/C3I) shall be included
in the ‘‘Other Theater Missile Defense Activities’’ program element
or the ‘‘National Missile Defense’’ program element, as determined
on the basis of the primary objectives involved.
(d) MANAGEMENT AND SUPPORT.—Each program element shall
include requests for the amounts necessary for the management
and support of the programs, projects, and activities contained
in that program element.
SEC. 252. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
Subsection (a) of section 237 of the National Defense Authoriza-
tion Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1600)
is amended to read as follows:
‘‘(a) TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.—
(1) The Secretary of Defense may not approve a theater missile
defense interceptor program proceeding beyond the low-rate initial
production acquisition stage until the Secretary certifies to the
congressional defense committees that such program has success-
fully completed initial operational test and evaluation.
‘‘(2) In order to be certified under paragraph (1) as having
been successfully completed, the initial operational test and evalua-
tion conducted with respect to an interceptors program must have
included flight tests—
‘‘(A) that were conducted with multiple interceptors and
multiple targets in the presence of realistic countermeasures;
and
‘‘(B) the results of which demonstrate the achievement
by the interceptors of the baseline performance thresholds.
‘‘(3) For purposes of this subsection, the baseline performance
thresholds with respect to a program are the weapons systems
performance thresholds specified in the baseline description for
the system established (pursuant to section 2435(a)(1) of title 10,
United States Code) before the program entered the engineering
and manufacturing development stage.
‘‘(4) The number of flight tests described in paragraph (2)
that are required in order to make the certification under paragraph
(1) shall be a number determined by the Secretary of Defense
to be sufficient for the purposes of this section.
‘‘(5) The Secretary may augment live-fire testing to demonstrate
weapons system performance goals for purposes of the certification
under paragraph (1) through the use of modeling and simulation
that is validated by ground and flight testing.’’.
SEC. 253. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) Section 222 of the Department of Defense Authorization
Act, 1986 (Public Law 99–145; 99 Stat. 613; 10 U.S.C. 2431
note).
(2) Section 225 of the Department of Defense Authorization
Act, 1986 (Public Law 99–145; 99 Stat. 614).
(3) Section 226 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100–180; 101
Stat. 1057; 10 U.S.C. 2431 note).
H. R. 1530—52
(4) Section 8123 of the Department of Defense Appropria-
tions Act, 1989 (Public Law 100–463; 102 Stat. 2270–40).
(5) Section 8133 of the Department of Defense Appropria-
tions Act, 1992 (Public Law 102–172; 105 Stat. 1211).
(6) Section 234 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1595;
10 U.S.C. 2431 note).
(7) Section 242 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1603;
10 U.S.C. 2431 note).
(8) Section 235 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2701;
10 U.S.C. 221 note).
(9) Section 2609 of title 10, United States Code.
Subtitle E—Miscellaneous Reviews,
Studies, and Reports
SEC. 261. PRECISION-GUIDED MUNITIONS.
(a) ANALYSIS REQUIRED.—The Secretary of Defense shall per-
form an analysis of the full range of precision-guided munitions
in production and in research, development, test, and evaluation
in order to determine the following:
(1) The numbers and types of precision-guided munitions
that are needed to provide complementary capabilities against
each target class.
(2) The feasibility of carrying out joint development and
procurement of additional types of munitions by more than
one of the Armed Forces.
(3) The feasibility of integrating a particular precision-
guided munition on multiple service platforms.
(4) The economy and effectiveness of continuing the acquisi-
tion of—
(A) interim precision-guided munitions; or
(B) precision-guided munitions that, as a result of being
procured in decreasing numbers to meet decreasing quan-
tity requirements, have increased in cost per unit by more
than 50 percent over the cost per unit for such munitions
as of December 1, 1991.
(b) REPORT.—(1) Not later than April 15, 1996, the Secretary
shall submit to Congress a report on the findings and other results
of the analysis.
(2) The report shall include a detailed discussion of the process
by which the Department of Defense—
(A) approves the development of new precision-guided
munitions;
(B) avoids duplication and redundancy in the precision-
guided munitions programs of the Army, Navy, Air Force, and
Marine Corps;
(C) ensures rationality in the relationship between the
funding plans for precision-guided munitions modernization for
fiscal years following fiscal year 1996 and the costs of such
modernization for those fiscal years; and
(D) identifies by name and function each person responsible
for approving each new precision-guided munition for initial
low-rate production.
H. R. 1530—53
(c) FUNDING LIMITATION.—Funds authorized to be appropriated
by this Act may not be expended for research, development, test,
and evaluation or procurement of interim precision-guided muni-
tions after April 15, 1996, unless the Secretary of Defense has
submitted the report under subsection (b).
(d) INTERIM PRECISION-GUIDED MUNITION DEFINED.—For pur-
poses of subsection (c), a precision-guided munition is an interim
precision-guided munition if the munition is being procured in
fiscal year 1996, but funding is not proposed for additional procure-
ment of the munition in the fiscal years after fiscal year 1996
that are covered by the future years defense program submitted
to Congress in 1995 under section 221(a) of title 10, United States
Code.
SEC. 262. REVIEW OF C4I BY NATIONAL RESEARCH COUNCIL.
(a) REVIEW BY NATIONAL RESEARCH COUNCIL.—Not later than
90 days after the date of the enactment of this Act, the Secretary
of Defense shall request the National Research Council of the
National Academy of Sciences to conduct a comprehensive review
of current and planned service and defense-wide programs for com-
mand, control, communications, computers, and intelligence (C4I)
with a special focus on cross-service and inter-service issues.
(b) MATTERS TO BE ASSESSED IN REVIEW.—The review shall
address the following:
(1) The match between the capabilities provided by current
service and defense-wide C4I programs and the actual needs
of users of these programs.
(2) The interoperability of service and defense-wide C4I
systems that are planned to be operational in the future.
(3) The need for an overall defense-wide architecture for
C4I.
(4) Proposed strategies for ensuring that future C4I acquisi-
tions are compatible and interoperable with an overall architec-
ture.
(5) Technological and administrative aspects of the C4I
modernization effort to determine the soundness of the underly-
ing plan and the extent to which it is consistent with concepts
for joint military operations in the future.
(c) TWO-YEAR PERIOD FOR CONDUCTING REVIEW.—The review
shall be conducted over the two-year period beginning on the date
on which the National Research Council and the Secretary of
Defense enter into a contract or other agreement for the conduct
of the review.
(d) REPORTS.—(1) In the contract or other agreement for the
conduct of the review, the Secretary of Defense shall provide that
the National Research Council shall submit to the Department
of Defense and Congress interim reports and progress updates
on a regular basis as the review proceeds. A final report on the
review shall set forth the findings, conclusions, and recommenda-
tions of the Council for defense-wide and service C4I programs
and shall be submitted to the Committee on Armed Services of
the Senate, the Committee on National Security of the House of
Representatives, and the Secretary of Defense.
(2) To the maximum degree possible, the final report shall
be submitted in unclassified form with classified annexes as nec-
essary.
H. R. 1530—54
(e) INTERAGENCY
COOPERATION
WITH
STUDY.—All military
departments, defense agencies, and other components of the Depart-
ment of Defense shall cooperate fully with the National Research
Council in its activities in carrying out the review under this
section.
(f) EXPEDITED
PROCESSING
OF
SECURITY
CLEARANCES
FOR
STUDY.—For the purpose of facilitating the commencement of the
study under this section, the Secretary of Defense shall expedite
to the fullest degree possible the processing of security clearances
that are necessary for the National Research Council to conduct
the study.
(g) FUNDING.—Of the amount authorized to be appropriated
in section 201 for defense-wide activities, $900,000 shall be available
for the study under this section.
SEC. 263. ANALYSIS 
OF 
CONSOLIDATION 
OF 
BASIC 
RESEARCH
ACCOUNTS OF MILITARY DEPARTMENTS.
(a) ANALYSIS REQUIRED.—The Secretary of Defense shall con-
duct an analysis of the cost and effectiveness of consolidating the
basic research accounts of the military departments. The analysis
shall determine potential infrastructure savings and other benefits
of co-locating and consolidating the management of basic research.
(b) DEADLINE.—On or before March 1, 1996, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives a report on the analysis conducted under subsection (a).
SEC. 264. CHANGE IN REPORTING PERIOD FROM CALENDAR YEAR TO
FISCAL YEAR FOR ANNUAL REPORT ON CERTAIN CON-
TRACTS TO COLLEGES AND UNIVERSITIES.
Section 2361(c)(2) of title 10, United States Code, is amended—
(1) by striking out ‘‘calendar year’’ and inserting in lieu
thereof ‘‘fiscal year’’; and
(2) by striking out ‘‘the year after the year’’ and inserting
in lieu thereof ‘‘the fiscal year after the fiscal year’’.
SEC. 265. AERONAUTICAL 
RESEARCH 
AND 
TEST 
CAPABILITIES
ASSESSMENT.
(a) FINDINGS.—Congress finds the following:
(1) It is in the Nation’s long-term national security interests
for the United States to maintain preeminence in the area
of aeronautical research and test capabilities.
(2) Continued advances in aeronautical science and
engineering are critical to sustaining the strategic and tactical
air superiority of the United States and coalition forces, as
well as United States economic security and international aero-
space leadership.
(3) It is in the national security and economic interests
of the United States and the budgetary interests of the Depart-
ment of Defense for the department to encourage the establish-
ment of active partnerships between the department and other
Government agencies, academic institutions, and private indus-
try to develop, maintain, and enhance aeronautical research
and test capabilities.
(b) REVIEW.—The Secretary of Defense shall conduct a com-
prehensive review of the aeronautical research and test facilities
and capabilities of the United States in order to assess the current
condition of such facilities and capabilities.
H. R. 1530—55
(c) REPORT.—(1) Not later than March 1, 1996, the Secretary
of Defense shall submit to the congressional defense committees
a report setting forth in detail the findings of the review required
by subsection (b).
(2) The report shall include the following:
(A) The options for providing affordable, operable, reliable,
and responsive long-term aeronautical research and test
capabilities for military and civilian purposes and for the
organization and conduct of such capabilities within the Depart-
ment or through shared operations with other Government
agencies, academic institutions, and private industry.
(B) The projected costs of such options, including costs
of acquisition and technical and financial arrangements (includ-
ing the use of Government facilities for reimbursable private
use).
(C) Recommendations on the most efficient and economic
means of developing, maintaining, and continually modernizing
aeronautical research and test capabilities to meet current,
planned, and prospective military and civilian needs.
Subtitle F—Other Matters
SEC. 271. ADVANCED LITHOGRAPHY PROGRAM.
Section 216 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 108 Stat. 2693) is amended—
(1) in subsection (a), by striking out ‘‘to help achieve’’
and all that follows through the end of the subsection and
inserting in lieu thereof ‘‘to ensure that lithographic processes
being developed by United States-owned companies or United
States-incorporated companies operating in the United States
will lead to superior performance electronics systems for the
Department of Defense.’’;
(2) in subsection (b), by adding at the end the following
new paragraph:
‘‘(3) The Director of the Defense Advanced Research Projects
Agency may set priorities and funding levels for various technologies
being developed for the ALP and shall consider funding rec-
ommendations made by the Semiconductor Industry Association
as being advisory in nature.’’;
(3) in subsection (c)—
(A) by inserting ‘‘Defense’’ before ‘‘Advanced’’; and
(B) by striking out ‘‘ARPA’’ both places it appears
and inserting in lieu thereof ‘‘DARPA’’; and
(4) by adding at the end the following:
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘United States-owned company’ means a com-
pany the majority ownership or control of which is held by
citizens of the United States.
‘‘(2) The term ‘United States-incorporated company’ means
a company that the Secretary of Defense finds is incorporated
in the United States and has a parent company that is incor-
porated in a country—
‘‘(A) that affords to United States-owned companies
opportunities, comparable to those afforded to any other
company, to participate in any joint venture similar to
H. R. 1530—56
those authorized under section 28 of the National Institute
of Standards and Technology Act (15 U.S.C. 278n);
‘‘(B) that affords to United States-owned companies
local investment opportunities comparable to those afforded
to any other company; and
‘‘(C) that affords adequate and effective protection for
the intellectual property rights of United States-owned
companies.’’.
SEC. 272. ENHANCED FIBER OPTIC GUIDED MISSILE (EFOG–M) SYS-
TEM.
(a) LIMITATIONS.—(1) The Secretary of the Army may not obli-
gate more than $280,000,000 (based on fiscal year 1995 constant
dollars) to develop and deliver for test and evaluation by the Army
the following items:
(A) 44 enhanced fiber optic guided test missiles.
(B) 256 fully operational enhanced fiber optic guided mis-
siles.
(C) 12 fully operational fire units.
(2) The Secretary of the Army may not spend funds for the
enhanced fiber optic guided missile (EFOG–M) system after Septem-
ber 30, 1998, if the items described in paragraph (1) have not
been delivered to the Army by that date and at a cost not greater
than the amount set forth in paragraph (1).
(3) The Secretary of the Army may not enter into an advanced
development phase for the EFOG–M system unless—
(A) an advanced concept technology demonstration of the
system has been successfully completed; and
(B) the Secretary certifies to the congressional defense
committees that there is a requirement for the EFOG–M system
that is supported by a cost and operational effectiveness analy-
sis.
(b) GOVERNMENT-FURNISHED EQUIPMENT.—The Secretary of the
Army shall ensure that all Government-furnished equipment that
the Army agrees to provide under the contract for the EFOG–
M system is provided to the prime contractor in accordance with
the terms of the contract.
SEC. 273. STATES 
ELIGIBLE 
FOR 
ASSISTANCE 
UNDER 
DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108
Stat. 2705; 10 U.S.C. 2358 note) is amended to read as follows:
‘‘(A) the average annual amount of all Department of
Defense obligations for science and engineering research and
development that were in effect with institutions of higher
education in the State for the three fiscal years preceding
the fiscal year for which the designation is effective or for
the last three fiscal years for which statistics are available
is less than the amount determined by multiplying 60 percent
times the amount equal to 1⁄50 of the total average annual
amount of all Department of Defense obligations for science
and engineering research and development that were in effect
with institutions of higher education in the United States for
such three preceding or last fiscal years, as the case may
be (to be determined in consultation with the Secretary of
Defense);’’.
H. R. 1530—57
SEC. 274. CRUISE MISSILE DEFENSE INITIATIVE.
(a) IN GENERAL.—The Secretary of Defense shall undertake
an initiative to coordinate and strengthen the cruise missile defense
programs of the Department of Defense to ensure that the United
States develops and deploys affordable and operationally effective
defenses against existing and future cruise missile threats to United
States military forces and operations.
(b) 
COORDINATION
WITH
BALLISTIC
MISSILE
DEFENSE
EFFORTS.—In carrying out subsection (a), the Secretary shall ensure
that, to the extent practicable, the cruise missile defense programs
of the Department of Defense and the ballistic missile defense
programs of the Department of Defense are coordinated with each
other and that those programs are mutually supporting.
(c) DEFENSES AGAINST EXISTING AND NEAR-TERM CRUISE MIS-
SILE THREATS.—As part of the initiative under subsection (a), the
Secretary shall ensure that appropriate existing and planned air
defense systems are upgraded to provide an affordable and oper-
ationally effective defense against existing and near-term cruise
missile threats to United States military forces and operations.
(d) DEFENSES AGAINST ADVANCED CRUISE MISSILES.—As part
of the initiative under subsection (a), the Secretary shall undertake
a well-coordinated development program to support the future
deployment of cruise missile defense systems that are affordable
and operationally effective against advanced cruise missiles, includ-
ing cruise missiles with low observable features.
(e) IMPLEMENTATION PLAN.—Not later than the date on which
the President submits the budget for fiscal year 1997 under section
1105 of title 31, United States Code, the Secretary of Defense
shall submit to the congressional defense committees a detailed
plan, in unclassified and classified forms, as necessary, for carrying
out this section. The plan shall include an assessment of the follow-
ing:
(1) The systems of the Department of Defense that cur-
rently have or could have cruise missile defense capabilities
and existing programs of the Department of Defense to improve
these capabilities.
(2) The technologies that could be deployed in the near-
to mid-term to provide significant advances over existing cruise
missile defense capabilities and the investments that would
be required to ready those technologies for deployment.
(3) The cost and operational tradeoffs, if any, between
(A) upgrading existing air and missile defense systems, and
(B) accelerating follow-on systems with significantly improved
capabilities against advanced cruise missiles.
(4) The organizational and management changes that
would strengthen and further coordinate the cruise missile
defense programs of the Department of Defense, including the
disadvantages, if any, of implementing such changes.
(f) DEFINITION.—For the purposes of this section, the term
‘‘cruise missile defense programs’’ means the programs, projects,
and activities of the military departments, the Advanced Research
Projects Agency, and the Ballistic Missile Defense Organization
relating to development and deployment of defenses against cruise
missiles.
H. R. 1530—58
SEC. 275. MODIFICATION TO UNIVERSITY RESEARCH INITIATIVE SUP-
PORT PROGRAM.
Section 802 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103–160; 107 Stat. 1701) is amended—
(1) in subsections (a) and (b), by striking out ‘‘shall’’ both
places it appears and inserting in lieu thereof ‘‘may’’; and
(2) in subsection (e), by striking out the sentence beginning
with ‘‘Such selection process’’.
SEC. 276. MANUFACTURING TECHNOLOGY PROGRAM.
(a) IN GENERAL.—Section 2525 of title 10, United States Code,
is amended as follows:
(1) The heading is amended by striking out the second
and third words.
(2) Subsection (a) is amended—
(A) by striking out ‘‘Science and’’; and
(B) by inserting after the first sentence the following:
‘‘The Secretary shall use the joint planning process of the
directors of the Department of Defense laboratories in
establishing the program.’’.
(3) Subsection (c) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(c) EXECUTION.—’’; and
(B) by adding at the end the following:
‘‘(2) The Secretary shall seek, to the extent practicable, the
participation of manufacturers of manufacturing equipment in the
projects under the program.’’.
(4) Subsection (d) is amended—
(A) in paragraph (2)—
(i) by striking out ‘‘or’’ at the end of subparagraph
(A);
(ii) by striking out the period at the end of subpara-
graph (B) and inserting in lieu thereof ‘‘; or’’; and
(iii) by adding at the end the following new
subparagraph:
‘‘(C) will be carried out by an institution of higher edu-
cation.’’; and
(B) by adding at the end the following new paragraphs:
‘‘(3) At least 25 percent of the funds available for the program
each fiscal year shall be used for awarding grants and entering
into contracts, cooperative agreements, and other transactions on
a cost-share basis under which the ratio of recipient cost to Govern-
ment cost is two to one.
‘‘(4) If the requirement of paragraph (3) cannot be met by
July 15 of a fiscal year, the Under Secretary of Defense for Acquisi-
tion and Technology may waive the requirement and obligate the
balance of the funds available for the program for that fiscal year
on a cost-share basis under which the ratio of recipient cost to
Government cost is less than two to one. Before implementing
any such waiver, the Under Secretary shall submit to the Commit-
tee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives the reasons for the
waiver.’’.
(b) CLERICAL AMENDMENT.—The item relating to section 2525
in the table of sections at the beginning of subchapter IV of chapter
148 of title 10, United States Code, is amended to read as follows:
‘‘2525. Manufacturing Technology Program.’’.
H. R. 1530—59
SEC. 277. FIVE-YEAR PLAN FOR CONSOLIDATION OF DEFENSE LAB-
ORATORIES AND TEST AND EVALUATION CENTERS.
(a) FIVE-YEAR PLAN.—The Secretary of Defense, acting through
the Vice Chief of Staff of the Army, the Vice Chief of Naval Oper-
ations, and the Vice Chief of Staff of the Air Force (in their roles
as test and evaluation executive agent board of directors) shall
develop a five-year plan to consolidate and restructure the labora-
tories and test and evaluation centers of the Department of Defense.
(b) OBJECTIVE.—The plan shall set forth the specific actions
needed to consolidate the laboratories and test and evaluation cen-
ters into as few laboratories and centers as is practical and possible,
in the judgment of the Secretary, by October 1, 2005.
(c) PREVIOUSLY DEVELOPED DATA REQUIRED TO BE USED.—
In developing the plan, the Secretary shall use the following:
(1) Data and results obtained by the Test and Evaluation
Joint Cross-Service Group and the Laboratory Joint Cross-
Service Group in developing recommendations for the 1995
report of the Defense Base Closure and Realignment Commis-
sion.
(2) The report dated March 1994 on the consolidation and
streamlining of the test and evaluation infrastructure, commis-
sioned by the test and evaluation board of directors, along
with all supporting data and reports.
(d) MATTERS TO BE CONSIDERED.—In developing the plan, the
Secretary shall consider, at a minimum, the following:
(1) Consolidation of common support functions, including
the following:
(A) Aircraft (fixed wing and rotary) support.
(B) Weapons support.
(C) Space systems support.
(D) Support of command, control, communications,
computers, and intelligence.
(2) The extent to which any military construction, acquisi-
tion of equipment, or modernization of equipment is planned
at the laboratories and centers.
(3) The encroachment on the laboratories and centers by
residential and industrial expansion.
(4) The total cost to the Federal Government of continuing
to operate the laboratories and centers.
(5) The cost savings and program effectiveness of locating
laboratories and centers at the same sites.
(6) Any loss of expertise resulting from the consolidations.
(7) Whether any legislation is neccessary to provide the
Secretary with any additional authority necessary to accomplish
the downsizing and consolidation of the laboratories and cen-
ters.
(e) REPORT.—Not later than May 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a
report on the plan. The report shall include an identification of
any additional legislation that the Secretary considers necessary
in order for the Secretary to accomplish the downsizing and consoli-
dation of the laboratories and centers.
(f) LIMITATION.—Of the amounts appropriated or otherwise
made available pursuant to an authorization of appropriations in
section 201 for the central test and evaluation investment develop-
ment program, not more than 75 percent may be obligated before
the report required by subsection (e) is submitted to Congress.
H. R. 1530—60
SEC. 278. LIMITATION ON T–38 AVIONICS UPGRADE PROGRAM.
(a) REQUIREMENT.—The Secretary of Defense shall ensure that,
in evaluating proposals submitted in response to a solicitation
issued for a contract for the T–38 Avionics Upgrade Program,
the proposal of an entity may not be considered unless—
(1) in the case of an entity that conducts substantially
all of its business in a foreign country, the foreign country
provides equal access to similar contract solicitations in that
country to United States entities; and
(2) in the case of an entity that conducts business in
the United States but that is owned or controlled by a foreign
government or by an entity incorporated in a foreign country,
the foreign government or foreign country of incorporation pro-
vides equal access to similar contract solicitations in that coun-
try to United States entities.
(b) DEFINITION.—In this section, the term ‘‘United States entity’’
means an entity that is owned or controlled by persons a majority
of whom are United States citizens.
SEC. 279. GLOBAL POSITIONING SYSTEM.
(a) CONDITIONAL PROHIBITION ON USE OF SELECTIVE AVAILABIL-
ITY
FEATURE.—Except as provided in subsection (b), after
May 1, 1996, the Secretary of Defense may not (through use of
the feature known as ‘‘selective availability’’) deny access of non-
Department of Defense users to the full capabilities of the Global
Positioning System.
(b) PLAN.—Subsection (a) shall cease to apply upon submission
by the Secretary of Defense to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives of a plan for enhancement of the Global
Positioning System that provides for—
(1) development and acquisition of effective capabilities
to deny hostile military forces the ability to use the Global
Positioning System without hindering the ability of United
States military forces and civil users to have access to and
use of the system, together with a specific date by which those
capabilities could be operational; and
(2) development and acquisition of receivers for the Global
Positioning System and other techniques for weapons and
weapon systems that provide substantially improved resistance
to jamming and other forms of electronic interference or disrup-
tion, together with a specific date by which those receivers
and other techniques could be operational with United States
military forces.
SEC. 280. REVISION OF AUTHORITY FOR PROVIDING ARMY SUPPORT
FOR THE NATIONAL SCIENCE CENTER FOR COMMUNICA-
TIONS AND ELECTRONICS.
(a) PURPOSE.—Subsection (b)(2) of section 1459 of the Depart-
ment of Defense Authorization Act, 1986 (Public Law 99–145; 99
Stat. 763) is amended by striking out ‘‘to make available’’ and
all that follows and inserting in lieu thereof ‘‘to provide for the
management, operation, and maintenance of those areas in the
national science center that are designated for use by the Army
and to provide incidental support for the operation of those areas
in the center that are designated for general use.’’.
H. R. 1530—61
(b) AUTHORITY FOR SUPPORT.—Subsection (c) of such section
is amended to read as follows:
‘‘(c) NATIONAL SCIENCE CENTER.—(1) The Secretary may man-
age, operate, and maintain facilities at the center under terms
and conditions prescribed by the Secretary for the purpose of
conducting educational outreach programs in accordance with chap-
ter 111 of title 10, United States Code.
‘‘(2) The Foundation, or NSC Discovery Center, Incorporated,
a nonprofit corporation of the State of Georgia, shall submit to
the Secretary for review and approval all matters pertaining to
the acquisition, design, renovation, equipping, and furnishing of
the center, including all plans, specifications, contracts, sites, and
materials for the center.’’.
(c) AUTHORITY FOR ACCEPTANCE OF GIFTS AND FUNDRAISING.—
Subsection (d) of such section is amended to read as follows:
‘‘(d) GIFTS AND FUNDRAISING.—(1) Subject to paragraph (3),
the Secretary may accept a conditional or unconditional donation
of money or property that is made for the benefit of, or in connection
with, the center.
‘‘(2) Notwithstanding any other provision of law, the Secretary
may endorse, promote, and assist the efforts of the Foundation
and NSC Discovery Center, Incorporated, to obtain—
‘‘(A) funds for the management, operation, and maintenance
of the center; and
‘‘(B) donations of exhibits, equipment, and other property
for use in the center.
‘‘(3) The Secretary may not accept a donation under this sub-
section that is made subject to—
‘‘(A) any condition that is inconsistent with an applicable
law or regulation; or
‘‘(B) except to the extent provided in appropriations Acts,
any condition that would necessitate an expenditure of appro-
priated funds.
‘‘(4) The Secretary shall prescribe in regulations the criteria
to be used in determining whether to accept a donation. The Sec-
retary shall include criteria to ensure that acceptance of a donation
does not establish an unfavorable appearance regarding the fairness
and objectivity with which the Secretary or any other officer or
employee of the Department of Defense performs official responsibil-
ities and does not compromise or appear to compromise the integrity
of a Government program or any official involved in that program.’’.
(d) AUTHORIZED USES.—Such section is amended—
(1) by striking out subsection (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) in paragraph (1) of subsection (f), as redesignated by
paragraph (2), by inserting ‘‘areas designated for use by the
Army in’’ after ‘‘The Secretary may make’’.
(e) ALTERNATIVE OF ADDITIONAL DEVELOPMENT AND MANAGE-
MENT.—Such section, as amended by subsection (d), is further
amended by adding at the end the following:
‘‘(g) ALTERNATIVE OR ADDITIONAL DEVELOPMENT AND MANAGE-
MENT OF THE CENTER.—(1) The Secretary may enter into an agree-
ment with NSC Discovery Center, Incorporated, to develop, manage,
and maintain a national science center under this section. In enter-
ing into an agreement with NSC Discovery Center, Incorporated,
the Secretary may agree to any term or condition to which the
H. R. 1530—62
Secretary is authorized under this section to agree for purposes
of entering into an agreement with the Foundation.
‘‘(2) The Secretary may exercise the authority under paragraph
(1) in addition to, or instead of, exercising the authority provided
under this section to enter into an agreement with the Foundation.’’.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year
1996 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $18,746,695,000.
(2) For the Navy, $21,493,155,000.
(3) For the Marine Corps, $2,521,822,000.
(4) For the Air Force, $18,719,277,000.
(5) For Defense-wide activities, $9,910,476,000.
(6) For the Army Reserve, $1,129,191,000.
(7) For the Naval Reserve, $868,342,000.
(8) For the Marine Corps Reserve, $100,283,000.
(9) For the Air Force Reserve, $1,516,287,000.
(10) For the Army National Guard, $2,361,808,000.
(11) For the Air National Guard, $2,760,121,000.
(12) For the Defense Inspector General, $138,226,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,521,000.
(14) 
For 
Environmental 
Restoration, 
Defense,
$1,422,200,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $680,432,000.
(16) For Medical Programs, Defense, $9,876,525,000.
(17) For support for the 1996 Summer Olympics,
$15,000,000.
(18) 
For 
Cooperative 
Threat 
Reduction 
programs,
$300,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
1996 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) 
For 
the 
Defense 
Business 
Operations 
Fund,
$878,700,000.
(2) For the National Defense Sealift Fund, $1,024,220,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
1996 from the Armed Forces Retirement Home Trust Fund the
H. R. 1530—63
sum of $59,120,000 for the operation of the Armed Forces Retire-
ment Home, including the United States Soldiers’ and Airmen’s
Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANS-
ACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in appropria-
tions Acts, not more than $150,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to
operation and maintenance accounts for fiscal year 1996 in amounts
as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT
OF TRANSFERS.—Amounts transferred under
this section—
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The trans-
fer authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL.
Of the amounts authorized to be appropriated pursuant to
this Act, there shall be made available to the Civil Air Patrol
$24,500,000, of which $14,704,000 shall be made available for the
Civil Air Patrol Corporation.
Subtitle B—Depot-Level Activities
SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR FOR THE DEPARTMENT OF
DEFENSE.
(a) FINDINGS.—Congress makes the following findings:
(1) The Department of Defense does not have a comprehen-
sive policy regarding the performance of depot-level mainte-
nance and repair of military equipment.
(2) The absence of such a policy has caused the Congress
to establish guidelines for the performance of such functions.
(3) It is essential to the national security of the United
States that the Department of Defense maintain an organic
capability within the department, including skilled personnel,
technical competencies, equipment, and facilities, to perform
depot-level maintenance and repair of military equipment in
order to ensure that the Armed Forces of the United States
are able to meet training, operational, mobilization, and emer-
gency requirements without impediment.
(4) The organic capability of the Department of Defense
to perform depot-level maintenance and repair of military
equipment must satisfy known and anticipated core mainte-
nance and repair requirements across the full range of peace-
time and wartime scenarios.
(5) Although it is possible that savings can be achieved
by contracting with private-sector sources for the performance
H. R. 1530—64
of some work currently performed by Department of Defense
depots, the Department of Defense has not determined the
type or amount of work that should be performed under contract
with private-sector sources nor the relative costs and benefits
of contracting for the performance of such work by those
sources.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
there is a compelling need for the Department of Defense to articu-
late known and anticipated core maintenance and repair require-
ments, to organize the resources of the Department of Defense
to meet those requirements economically and efficiently, and to
determine what work should be performed by the private sector
and how such work should be managed.
(c) REQUIREMENT FOR POLICY.—Not later than March 31, 1996,
the Secretary of Defense shall develop and report to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a comprehensive policy
on the performance of depot-level maintenance and repair for the
Department of Defense that maintains the capability described
in section 2464 of title 10, United States Code.
(d) CONTENT OF POLICY.—In developing the policy, the Sec-
retary of Defense shall do each of the following:
(1) Identify for each military department, with the concur-
rence of the Secretary of that military department, those depot-
level maintenance and repair activities that are necessary to
ensure the depot-level maintenance and repair capability as
required by section 2464 of title 10, United States Code.
(2) Provide for performance of core depot-level maintenance
and repair capabilities in facilities owned and operated by
the United States.
(3) Provide for the core capabilities to include sufficient
skilled personnel, equipment, and facilities that—
(A) is of the proper size (i) to ensure a ready and
controlled source of technical competence and repair and
maintenance capability necessary to meet the requirements
of the National Military Strategy and other requirements
for responding to mobilizations and military contingencies,
and (ii) to provide for rapid augmentation in time of emer-
gency; and
(B) is assigned sufficient workload to ensure cost effi-
ciency and technical proficiency in time of peace.
(4) Address environmental liability.
(5) In the case of depot-level maintenance and repair work-
loads in excess of the workload required to be performed by
Department of Defense depots, provide for competition for those
workloads between public and private entities when there is
sufficient potential for realizing cost savings based on adequate
private-sector competition and technical capabilities.
(6) Address issues concerning exchange of technical data
between the Federal Government and the private sector.
(7) Provide for, in the Secretary’s discretion and after con-
sultation with the Secretaries of the military departments,
the transfer from one military department to another, in accord-
ance with merit-based selection processes, workload that sup-
ports the core depot-level maintenance and repair capabilities
in facilities owned and operated by the United States.
H. R. 1530—65
(8) Require that, in any competition for a workload
(whether among private-sector sources or between depot-level
activities of the Department of Defense and private-sector
sources), bids are evaluated under a methodology that ensures
that appropriate costs to the Government and the private sector
are identified.
(9) Provide for the performance of maintenance and repair
for any new weapons systems defined as core, under section
2464 of title 10, United States Code, in facilities owned and
operated by the United States.
(e) CONSIDERATIONS.—In developing the policy, the Secretary
shall take into consideration the following matters:
(1) The national security interests of the United States.
(2) The capabilities of the public depots and the capabilities
of businesses in the private sector to perform the maintenance
and repair work required by the Department of Defense.
(3) Any applicable recommendations of the Defense Base
Closure and Realignment Commission that are required to
be implemented under the Defense Base Closure and Realign-
ment Act of 1990.
(4) The extent to which the readiness of the Armed Forces
would be affected by a necessity to construct new facilities
to accommodate any redistribution of depot-level maintenance
and repair workloads that is made in accordance with the
recommendation of the Defense Base Closure and Realignment
Commission, under the Defense Base Closure and Realignment
Act of 1990, that such workloads be consolidated at Department
of Defense depots or private-sector facilities.
(5) Analyses of costs and benefits of alternatives, including
a comparative analysis of—
(A) the costs and benefits, including any readiness
implications, of any proposed policy to convert to contractor
performance of depot-level maintenance and repair work-
loads where the workload is being performed by Depart-
ment of Defense personnel; and
(B) the costs and benefits, including any readiness
implications, of a policy to transfer depot-level maintenance
and repair workloads among depots.
(f) REPEAL OF 60/40 REQUIREMENT AND REQUIREMENT RELATING
TO COMPETITION.—(1) Sections 2466 and 2469 of title 10, United
States Code, are repealed.
(2) The table of sections at the beginning of chapter 146 of
such title is amended by striking out the items relating to sections
2466 and 2469.
(3) The amendments made by paragraphs (1) and (2) shall
take effect on the date (after the date of the enactment of this
Act) on which legislation is enacted that contains a provision that
specifically states one of the following:
(A) ‘‘The policy on the performance of depot-level mainte-
nance and repair for the Department of Defense that was
submitted by the Secretary of Defense to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives pursuant to section
311 of the National Defense Authorization Act for Fiscal Year
1996 is approved.’’; or
(B) ‘‘The policy on the performance of depot-level mainte-
nance and repair for the Department of Defense that was
H. R. 1530—66
submitted by the Secretary of Defense to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives pursuant to section
311 of the National Defense Authorization Act for Fiscal Year
1996 is approved with the following modifications:’’ (with the
modifications being stated in matter appearing after the colon).
(g) ANNUAL REPORT.—If legislation referred to in subsection
(f)(3) is enacted, the Secretary of Defense shall, not later than
March 1 of each year (beginning with the year after the year
in which such legislation is enacted), submit to Congress a report
that—
(1) specifies depot maintenance core capability require-
ments determined in accordance with the procedures estab-
lished to comply with the policy prescribed pursuant to
subsections (d)(2) and (d)(3);
(2) specifies the planned amount of workload to be accom-
plished by the depot-level activities of each military department
in support of those requirements for the following fiscal year;
and
(3) identifies the planned amount of workload, which—
(A) shall be measured by direct labor hours and by
amounts to be expended; and
(B) shall be shown separately for each commodity
group.
(h) REVIEW BY GENERAL ACCOUNTING OFFICE.—(1) The Sec-
retary shall make available to the Comptroller General of the
United States all information used by the Department of Defense
in developing the policy under subsections (c) through (e) of this
section.
(2) Not later than 45 days after the date on which the Secretary
submits to Congress the report required by subsection (c), the
Comptroller General shall transmit to Congress a report containing
a detailed analysis of the Secretary’s proposed policy as reported
under such subsection.
(i) REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR WORK-
LOAD.—Not later than March 31, 1996, the Secretary of Defense
shall submit to Congress a report on the depot-level maintenance
and repair workload of the Department of Defense. The report
shall, to the maximum extent practicable, include the following:
(1) An analysis of the need for and effect of the requirement
under section 2466 of title 10, United States Code, that no
more than 40 percent of the depot-level maintenance and repair
work of the Department of Defense be contracted for perform-
ance by non-Government personnel, including a description of
the effect on military readiness and the national security result-
ing from that requirement and a description of any specific
difficulties experienced by the Department of Defense as a
result of that requirement.
(2) An analysis of the distribution during the five fiscal
years ending with fiscal year 1995 of the depot-level mainte-
nance and repair workload of the Department of Defense
between depot-level activities of the Department of Defense
and non-Government personnel, measured by direct labor hours
and by amounts expended, and displayed, for that five-year
period and for each year of that period, so as to show (for
each military department (and separately for the Navy and
Marine Corps)) such distribution.
H. R. 1530—67
(3) A projection of the distribution during the five fiscal
years beginning with fiscal year 1997 of the depot-level mainte-
nance and repair workload of the Department of Defense
between depot-level activities of the Department of Defense
and non-Government personnel, measured by direct labor hours
and by amounts expended, and displayed, for that five-year
period and for each year of that period, so as to show (for
each military department (and separately for the Navy and
Marine Corps)) such distribution that would be accomplished
under a new policy as required under subsection (c).
(j) OTHER REVIEW BY GENERAL ACCOUNTING OFFICE.—(1) The
Comptroller General of the United States shall conduct an
independent audit of the findings of the Secretary of Defense in
the report under subsection (i). The Secretary of Defense shall
provide to the Comptroller General for such purpose all information
used by the Secretary in preparing such report.
(2) Not later than 45 days after the date on which the Secretary
of Defense submits to Congress the report required under subsection
(i), the Comptroller General shall transmit to Congress a report
containing a detailed analysis of the report submitted under that
subsection.
SEC. 312. MANAGEMENT OF DEPOT EMPLOYEES.
(a) DEPOT EMPLOYEES.—Chapter 146 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 2472. Management of depot employees
‘‘(b) ANNUAL REPORT.—Not later than December 1 of each fiscal
year, the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on the number
of employees employed and expected to be employed by the Depart-
ment of Defense during that fiscal year to perform depot-level
maintenance and repair of materiel. The report shall indicate
whether that number is sufficient to perform the depot-level mainte-
nance and repair functions for which funds are expected to be
provided for that fiscal year for performance by Department of
Defense employees.’’.
(b) TRANSFER OF SUBSECTION.—Subsection (b) of section 2466
of title 10, United States Code, is transferred to section 2472
of such title, as added by subsection (a), redesignated as subsection
(a), and inserted after the section heading.
(c) SUBMISSION
OF INITIAL REPORT.—The report under sub-
section (b) of section 2472 of title 10, United States Code, as
added by subsection (a), for fiscal year 1996 shall be submitted
not later than March 15, 1996 (notwithstanding the date specified
in such subsection).
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2472. Management of depot employees.’’.
SEC. 313. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1684) is amended