In the Senate of the United States,
September 6 (legislative day, September 5), 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 1530) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 1996 for military activities of the Depart-
ment of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for
other purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1996’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
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(1) DIVISION A—Department of Defense Author-
izations.
(2) DIVISION B—Military Construction Author-
izations.
(3) DIVISION C—Department of Energy National
Security Authorizations and Other Authorizations.
(4) DIVISION D—Information Technology Man-
agement Reform.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health program.
Subtitle B—Army Programs
Sec. 111. AH–64D Longbow Apache attack helicopter.
Sec. 112. OH–58D AHIP Scout helicopter.
Sec. 113. Hydra 70 rocket.
Sec. 114. Report on AH–64D engine upgrades.
Subtitle C—Navy Programs
Sec. 121. Seawolf and new attack submarine programs.
Sec. 122. Repeal of prohibition on backfit of Trident submarines.
Sec. 123. Arleigh Burke class destroyer program.
Sec. 124. Split funding for construction of naval vessels.
Sec. 125. Seawolf submarine program.
Sec. 126. Crash attenuating seats acquisition program.
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Subtitle D—Other Programs
Sec. 131. Tier II predator unmanned aerial vehicle program.
Sec. 132. Pioneer unmanned aerial vehicle program.
Sec. 133. Joint Primary Aircraft Training System program.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. A/F117X long-range, medium attack aircraft.
Sec. 212. Navy mine countermeasures program.
Sec. 213. Marine Corps shore fire support.
Sec. 214. Space and missile tracking system program.
Sec. 215. Precision guided munitions.
Sec. 216. Defense Nuclear Agency programs.
Sec. 217. Counterproliferation support program.
Sec. 218. Nonlethal weapons program.
Sec. 219. Federally funded research and development centers.
Sec. 220. States eligible for assistance under Defense Experimental Program To
Stimulate Competitive Research.
Sec. 221. National defense technology and industrial base, defense reinvestment,
and conversion.
Sec. 222. Revisions of Manufacturing Science and Technology Program.
Sec. 223. Preparedness of the Department of Defense to respond to military and
civil defense emergencies resulting from a chemical, biological,
radiological, or nuclear attack.
Sec. 224. Joint Seismic Program and Global Seismic Network.
Sec. 225. Depressed altitude guided gun round system.
Sec. 226. Army echelon above corps communications.
Sec. 227. Testing of theater missile defense interceptors.
Subtitle C—Missile Defense
Sec. 231. Short title.
Sec. 232. Findings.
Sec. 233. Missile defense policy.
Sec. 234. Theater missile defense architecture.
Sec. 235. National missile defense system architecture.
Sec. 236. Cruise missile defense initiative.
Sec. 237. Policy regarding the ABM Treaty.
Sec. 238. Prohibition on funds to implement an international agreement concern-
ing theater missile defense systems.
Sec. 239. Ballistic Missile Defense program elements.
Sec. 240. ABM Treaty defined.
Sec. 241. Repeal of missile defense provisions.
Sec. 242. Sense of Senate on the Director of Operational Test and Evaluation.
Sec. 243. Ballistic Missile Defense Technology Center.
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TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Increase in funding for the Civil Air Patrol.
Subtitle B—Depot-Level Maintenance and Repair
Sec. 311. Policy regarding performance of depot-level maintenance and repair for
the Department of Defense.
Sec. 312. Extension of authority for aviation depots and naval shipyards to en-
gage in defense-related production and services.
Subtitle C—Environmental Provisions
Sec. 321. Revision of requirements for agreements for services under environ-
mental restoration program.
Sec. 322. Discharges from vessels of the Armed Forces.
Sec. 323. Revision of authorities relating to restoration advisory boards.
Subtitle D—Civilian Employees
Sec. 331. Minimum number of military reserve technicians.
Sec. 332. Exemption of Department of Defense from personnel ceilings for civil-
ian personnel.
Sec. 333. Wearing of uniform by National Guard technicians.
Sec. 334. Extension of temporary authority to pay civilian employees with re-
spect to the evacuation from Guantanamo, Cuba.
Sec. 335. Sharing of personnel of Department of Defense domestic dependent
schools and Defense Dependents’ Education System.
Sec. 336. Revision of authority for appointments of involuntarily separated mili-
tary reserve technicians.
Sec. 337. Cost of continuing health insurance coverage for employees voluntarily
separated from positions to be eliminated in a reduction in
force.
Sec. 338. Elimination of 120-day limitation on details of certain employees.
Sec. 339. Repeal of requirement for part-time career opportunity employment re-
ports.
Sec. 340. Authority of civilian employees of Department of Defense to participate
voluntarily in reductions in force.
Sec. 341. Authority to pay severance payments in lump sums.
Sec. 342. Holidays for employees whose basic workweek is other than Monday
through Friday.
Sec. 343. Coverage of nonappropriated fund employees under authority for flexi-
ble and compressed work schedules.
Subtitle E—Defense Financial Management
Sec. 351. Financial management training.
Sec. 352. Limitation on opening of new centers for Defense Finance and Account-
ing Service.
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Subtitle F—Miscellaneous Assistance
Sec. 361. Department of Defense funding for National Guard participation in
joint disaster and emergency assistance exercises.
Sec. 362. Office of Civil-Military Programs.
Sec. 363. Revision of authority for Civil-Military Cooperative Action Program.
Sec. 364. Office of Humanitarian and Refugee Affairs.
Sec. 365. Overseas humanitarian, disaster, and civic AID programs.
Subtitle G—Operation of Morale, Welfare, and Recreation
Activities
Sec. 371. Disposition of excess morale, welfare, and recreation funds.
Sec. 372. Elimination of certain restrictions on purchases and sales of items by
exchange stores and other morale, welfare, and recreation facili-
ties.
Sec. 373. Repeal of requirement to convert ships’ stores to nonappropriated fund
instrumentalities.
Subtitle H—Other Matters
Sec. 381. National Defense Sealift Fund: availability for the National Defense Re-
serve Fleet.
Sec. 382. Availability of recovered losses resulting from contractor fraud.
Sec. 383. Permanent authority for use of proceeds from the sale of certain lost,
abandoned, or unclaimed property.
Sec. 384. Sale of military clothing and subsistence and other supplies of the Navy
and Marine Corps.
Sec. 385. Conversion of Civilian Marksmanship Program to nonappropriated
fund instrumentality and activities under program.
Sec. 386. Report on efforts to contract out certain functions of Department of De-
fense.
Sec. 387. Impact aid.
Sec. 388. Funding for troops to teachers program and troops to cops program.
Sec. 389. Authorizing the amounts requested in the budget for Junior ROTC.
Sec. 390. Report on private performance of certain functions performed by mili-
tary aircraft.
Sec. 391. Allegany Ballistics Laboratory.
Sec. 392. Encouragement of use of leasing authority.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation in DOPMA authorized end strength limitations
for active duty Air Force and Navy officers in certain grades.
Sec. 403. Certain general and flag officers awaiting retirement not to be counted.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. Increase in number of members in certain grades authorized to serve
on active duty in support of the reserves.
Sec. 414. Reserves on active duty in support of Cooperative Threat Reduction
programs not to be counted.
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Sec. 415. Reserves on active duty for military-to-military contacts and com-
parable activities not to be counted.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Revision of service obligation for graduates of the service academies.
Sec. 503. Qualifications for appointment as Surgeon General of an armed force.
Sec. 504. Deputy Judge Advocate General of the Air Force.
Sec. 505. Retiring general and flag officers: applicability of uniform criteria and
procedures for retiring in highest grade in which served.
Sec. 506. Extension of certain reserve officer management authorities.
Sec. 507. Restrictions on wearing insignia for higher grade before promotion.
Sec. 508. Director of admissions, United States Military Academy: retirement for
years of service.
Subtitle B—Matters Relating to Reserve Components
Sec. 511. Mobilization income insurance program for members of Ready Reserve.
Sec. 512. Eligibility of dentists to receive assistance under the financial assist-
ance program for health care professionals in reserve compo-
nents.
Sec. 513. Leave for members of reserve components performing public safety duty.
Subtitle C—Uniform Code of Military Justice
Sec. 521. References to Uniform Code of Military Justice.
Sec. 522. Definitions.
Sec. 523. Article 32 investigations.
Sec. 524. Refusal to testify before court-martial.
Sec. 525. Commitment of accused to treatment facility by reason of lack of mental
capacity or mental responsibility.
Sec. 526. Forfeiture of pay and allowances and reduction in grade.
Sec. 527. Deferment of confinement.
Sec. 528. Submission of matters to the convening authority for consideration.
Sec. 529. Proceedings in revision.
Sec. 530. Appeal by the United States.
Sec. 531. Flight from apprehension.
Sec. 532. Carnal knowledge.
Sec. 533. Time after accession for initial instruction in the Uniform Code of
Military Justice.
Sec. 534. Technical amendment.
Sec. 535. Permanent authority concerning temporary vacancies on the Court of
Appeals for the Armed Forces.
Sec. 536. Advisory panel on UCMJ jurisdiction over civilians accompanying the
Armed Forces in time of armed conflict.
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Subtitle D—Decorations and Awards
Sec. 541. Award of Purple Heart to certain former prisoners of war.
Sec. 542. Meritorious and valorous service during Vietnam era: review and
awards.
Sec. 543. Military intelligence personnel prevented by secrecy from being consid-
ered for decorations and awards.
Sec. 544. Review regarding awards of Distinguished-Service Cross to Asian-
Americans and Pacific Islanders for certain World War II serv-
ice.
Subtitle E—Other Matters
Sec. 551. Determination of whereabouts and status of missing persons.
Sec. 552. Service not creditable for periods of unavailability or incapacity due
to misconduct.
Sec. 553. Separation in cases involving extended confinement.
Sec. 554. Duration of field training or practice cruise required under the Senior
Reserve Officers’ Training Corps program.
Sec. 555. Correction of military records.
Sec. 556. Limitation on reductions in medical personnel.
Sec. 557. Repeal of requirement for athletic director and nonappropriated fund
account for the athletics programs at the service academies.
Sec. 558. Prohibition on use of funds for service academy preparatory school test
program.
Sec. 559. Centralized judicial review of Department of Defense personnel actions.
Sec. 560. Delay in reorganization of Army ROTC regional headquarters struc-
ture.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Election of basic allowance for quarters instead of assignment to inad-
equate quarters.
Sec. 603. Payment of basic allowance for quarters to members of the uniformed
services in pay grade E–6 who are assigned to sea duty.
Sec. 604. Limitation on reduction of variable housing allowance for certain mem-
bers.
Sec. 605. Clarification of limitation on eligibility for family separation allow-
ance.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse officer can-
didates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses and special
pays.
Sec. 614. Hazardous duty incentive pay for warrant officers and enlisted mem-
bers serving as air weapons controllers.
Sec. 615. Aviation career incentive pay.
Sec. 616. Clarification of authority to provide special pay for nurses.
Sec. 617. Continuous entitlement to career sea pay for crew members of ships des-
ignated as tenders.
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Sec. 618. Increase in maximum rate of special duty assignment pay for enlisted
members serving as recruiters.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Calculation on basis of mileage tables of Secretary of Defense: repeal of
requirement.
Sec. 622. Departure allowances.
Sec. 623. Dislocation allowance for moves resulting from a base closure or re-
alignment.
Sec. 624. Transportation of nondependent child from sponsor’s station overseas
after loss of dependent status while overseas.
Subtitle D—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 631. Use of commissary stores by members of the Ready Reserve.
Sec. 632. Use of commissary stores by retired Reserves under age 60 and their
survivors.
Sec. 633. Use of morale, welfare, and recreation facilities by members of reserve
components and dependents: clarification of entitlement.
Subtitle E—Other Matters
Sec. 641. Cost-of-living increases for retired pay.
Sec. 642. Eligibility for retired pay for non-regular service denied for members
receiving certain sentences in courts-martial.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Automatic maximum coverage under Servicemen’s Group Life Insur-
ance.
Sec. 645. Termination of Servicemen’s Group Life Insurance for members of the
Ready Reserve who fail to pay premiums.
Sec. 646. Report on extending to junior noncommissioned officers privileges pro-
vided for senior noncommissioned officers.
Sec. 647. Payment to survivors of deceased members of the uniformed services for
all leave accrued.
Sec. 648. Annuities for certain military surviving spouses.
Sec. 649. Transitional compensation for dependents of members of the Armed
Forces separated for dependent abuse.
TITLE VII—HEALTH CARE
Subtitle A—Health Care Services
Sec. 701. Medical care for surviving dependents of retired Reserves who die before
age 60.
Sec. 702. Dental insurance for members of the Selected Reserve.
Sec. 703. Modification of requirements regarding routine physical examinations
and immunizations under CHAMPUS.
Sec. 704. Permanent authority to carry out specialized treatment facility pro-
gram.
Sec. 705. Waiver of medicare part B late enrollment penalty and establishment
of special enrollment period for certain military retirees and de-
pendents.
Subtitle B—TRICARE Program
Sec. 711. Definition of TRICARE program and other terms.
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Sec. 712. Provision of TRICARE uniform benefits by uniformed services treat-
ment facilities.
Sec. 713. Sense of Senate on access of medicare eligible beneficiaries of
CHAMPUS to health care under TRICARE.
Sec. 714. Pilot program of individualized residential mental health services.
Subtitle C—Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as uniformed services
treatment facilities.
Sec. 722. Applicability of Federal Acquisition Regulation to participation agree-
ments with uniformed services treatment facilities.
Sec. 723. Applicability of CHAMPUS payment rules in certain cases.
Subtitle D—Other Changes to Existing Laws Regarding Health
Care Management
Sec. 731. Investment incentive for managed health care in medical treatment fa-
cilities.
Sec. 732. Revision and codification of limitations on physician payments under
CHAMPUS.
Sec. 733. Personal services contracts for medical treatment facilities of the Coast
Guard.
Sec. 734. Disclosure of information in medicare and medicaid coverage data bank
to improve collection from responsible parties for health care
services furnished under CHAMPUS.
Subtitle E—Other Matters
Sec. 741. TriService nursing research.
Sec. 742. Fisher House trust funds.
Sec. 743. Applicability of limitation on prices of pharmaceuticals procured for
Coast Guard.
Sec. 744. Report on effect of closure of Fitzsimons Army Medical Center, Colo-
rado, on provision of care to military personnel and dependents
experiencing health difficulties associated with Persian Gulf
Syndrome.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Reform
Sec. 801. Waivers from cancellation of funds.
Sec. 802. Procurement notice posting thresholds and subcontracts for ocean trans-
portation services.
Sec. 803. Prompt resolution of audit recommendations.
Sec. 804. Test program for negotiation of comprehensive subcontracting plans.
Sec. 805. Naval salvage facilities.
Sec. 806. Authority to delegate contracting authority.
Sec. 807. Coordination and communication of defense research activities.
Sec. 808. Procurement of items for experimental or test purposes.
Sec. 809. Quality control in procurements of critical aircraft and ship spare
parts.
Sec. 810. Use of funds for acquisition of designs, processes, technical data, and
computer software.
Sec. 811. Independent cost estimates for major defense acquisition programs.
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Sec. 812. Fees for certain testing services.
Sec. 813. Construction, repair, alteration, furnishing, and equipping of naval ves-
sels.
Sec. 814. Civil Reserve Air Fleet.
Sec. 815. Cost and pricing data.
Sec. 816. Procurement notice technical amendments.
Sec. 817. Repeal of duplicative authority for simplified acquisition purchases.
Sec. 818. Micro-purchases without competitive quotations.
Sec. 819. Restriction on reimbursement of costs.
Subtitle B—Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Treatment of Department of Defense cable television franchise agree-
ments.
Sec. 823. Preservation of ammunition industrial base.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Redesignation of the position of Assistant to the Secretary of Defense
for Atomic Energy.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Disbursing and certifying officials.
Sec. 1003. Defense modernization account.
Sec. 1004. Authorization of prior emergency supplemental appropriations for fis-
cal year 1995.
Sec. 1005. Limitation on use of authority to pay for emergency and extraor-
dinary expenses.
Sec. 1006. Transfer authority regarding funds available for foreign currency fluc-
tuations.
Sec. 1007. Report on budget submission regarding reserve components.
Subtitle B—Naval Vessels
Sec. 1011. Iowa class battleships.
Sec. 1012. Transfer of naval vessels to certain foreign countries.
Sec. 1013. Naming amphibious ships.
Subtitle C—Counter-Drug Activities
Sec. 1021. Revision and clarification of authority for Federal support of drug
interdiction and counter-drug activities of the National Guard.
Sec. 1022. National Drug Intelligence Center.
Sec. 1023. Assistance to Customs Service.
Subtitle D—Department of Defense Education Programs
Sec. 1031. Continuation of the Uniformed Services University of the Health
Sciences.
Sec. 1032. Additional graduate schools and programs at the Uniformed Services
University of the Health Sciences.
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Sec. 1033. Funding for basic adult education programs for military personnel
and dependents outside the United States.
Sec. 1034. Scope of education programs of Community College of the Air Force.
Sec. 1035. Date for annual report on Selected Reserve Educational Assistance
Program.
Sec. 1036. Establishment of Junior ROTC units in Indian reservation schools.
Subtitle E—Cooperative Threat Reduction With States of the
Former Soviet Union
Sec. 1041. Cooperative Threat Reduction programs defined.
Sec. 1042. Funding matters.
Sec. 1043. Limitation relating to offensive biological warfare program of Russia.
Sec. 1044. Limitation on use of funds for cooperative threat reduction.
Subtitle F—Matters Relating to Other Nations
Sec. 1051. Cooperative research and development agreements with NATO organi-
zations.
Sec. 1052. National security implications of United States export control policy.
Sec. 1053. Defense export loan guarantees.
Sec. 1054. Landmine clearing assistance program.
Sec. 1055. Strategic cooperation between the United States and Israel.
Sec. 1056. Support services for the Navy at the Port of Haifa, Israel.
Sec. 1057. Prohibition on assistance to terrorist countries.
Sec. 1058. International military education and training.
Sec. 1059. Repeal of limitation regarding American diplomatic facilities in Ger-
many.
Sec. 1060. Implementation of arms control agreements.
Sec. 1061. Sense of Congress on limiting the placing of United States forces under
United Nations command or control.
Sec. 1062. Sense of Senate on protection of United States from ballistic missile
attack.
Sec. 1063. Iran and Iraq arms nonproliferation.
Sec. 1064. Reports on arms export control and military assistance.
Subtitle G—Repeal of Certain Reporting Requirements
Sec. 1071. Reports required by title 10, United States Code.
Sec. 1072. Reports required by title 37, United States Code, and related provi-
sions of defense authorization Acts.
Sec. 1073. Reports required by other defense authorization and appropriations
Acts.
Sec. 1074. Reports required by other national security laws.
Sec. 1075. Reports required by other provisions of the United States Code.
Sec. 1076. Reports required by other provisions of law.
Sec. 1077. Reports required by Joint Committee on Printing.
Subtitle H—Other Matters
Sec. 1081. Global positioning system.
Sec. 1082. Limitation on retirement or dismantlement of strategic nuclear deliv-
ery systems.
Sec. 1083. National Guard civilian youth opportunities pilot program.
Sec. 1084. Report on Department of Defense boards and commissions.
Sec. 1085. Revision of authority for providing Army support for the National
Science Center for Communications and Electronics.
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Sec. 1086. Authority to suspend or terminate collection actions against deceased
members.
Sec. 1087. Damage or loss to personal property due to emergency evacuation or
extraordinary circumstances.
Sec. 1088. Check cashing and exchange transactions for dependents of United
States Government personnel.
Sec. 1089. Travel of disabled veterans on military aircraft.
Sec. 1090. Transportation of crippled children in Pacific Rim region to Hawaii
for medical care.
Sec. 1091. Student information for recruiting purposes.
Sec. 1092. State recognition of military advance medical directives.
Sec. 1093. Report on personnel requirements for control of transfer of certain
weapons.
Sec. 1094. Sense of Senate regarding Ethics Committee investigation.
Sec. 1095. Sense of Senate regarding Federal spending.
Sec. 1096. Associate Director of Central Intelligence for Military Support.
Sec. 1097. Review of national policy on protecting the national information in-
frastructure against strategic attacks.
Sec. 1098. Judicial assistance to the International Tribunal for Yugoslavia and
to the International Tribunal for Rwanda.
Sec. 1099. Landmine use moratorium.
Sec. 1099A. Extension of pilot outreach program.
Sec. 1099B. Sense of Senate on Midway Islands.
Sec. 1099C. Study on chemical weapons stockpile.
Sec. 1099D. Designation of National Maritime Center.
Sec. 1099E. Operational Support Airlift Aircraft Fleet.
Sec. 1099F. Sense of the Senate on Chemical Weapons Convention and START
II Treaty ratification.
TITLE XI—TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1101. Amendments related to Reserve Officer Personnel Management Act.
Sec. 1102. Amendments related to Federal Acquisition Streamlining Act of 1994.
Sec. 1103. Amendments to reflect name change of Committee on Armed Services
of the House of Representatives.
Sec. 1104. Miscellaneous amendments to title 10, United States Code.
Sec. 1105. Miscellaneous amendments to annual defense authorization Acts.
Sec. 1106. Miscellaneous amendments to Federal acquisition laws.
Sec. 1107. Miscellaneous amendments to other laws.
Sec. 1108. Coordination with other amendments.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Reduction in amounts authorized to be appropriated for fiscal year
1992 military construction projects.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
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Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations to clarify
availability of funds for Large Anechoic Chamber, Patuxent
River Naval Warfare Center, Maryland.
Sec. 2206. Authority to carry out land acquisition project, Norfolk Naval Base,
Virginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Reduction in amounts authorized to be appropriated for fiscal year
1992 military construction projects.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out fiscal year 1995 projects.
Sec. 2407. Reduction in amounts authorized to be appropriated for prior year
military construction projects.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal year
1994 Air National Guard projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2704. Effective date.
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TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Special threshold for unspecified minor construction projects to correct
life, health, or safety deficiencies.
Sec. 2802. Clarification of scope of unspecified minor construction authority.
Sec. 2803. Temporary waiver of net floor area limitation for family housing ac-
quired in lieu of construction.
Sec. 2804. Reestablishment of authority to waive net floor area limitation on ac-
quisition by purchase of certain military family housing.
Sec. 2805. Temporary waiver of limitations on space by pay grade for military
family housing units.
Sec. 2806. Increase in number of family housing units subject to foreign country
maximum lease amount.
Sec. 2807. Expansion of authority for limited partnerships for development of
military family housing.
Sec. 2808. Clarification of scope of report requirement on cost increases under
contracts for military family housing construction.
Sec. 2809. Authority to convey damaged or deteriorated military family housing.
Sec. 2810. Energy and water conservation savings for the Department of Defense.
Sec. 2811. Alternative authority for construction and improvement of military
housing.
Sec. 2812. Permanent authority to enter into leases of land for special operations
activities.
Sec. 2813. Authority to use funds for certain educational purposes.
Subtitle B—Defense Base Closure and Realignment
Sec. 2821. In-kind consideration for leases at installations to be closed or re-
aligned.
Sec. 2822. Clarification of authority regarding contracts for community services
at installations being closed.
Sec. 2823. Clarification of funding for environmental restoration at installations
approved for closure or realignment in 1995.
Sec. 2824. Authority to lease property requiring environmental remediation at
installations approved for closure.
Sec. 2825. Final funding for Defense Base Closure and Realignment Commission.
Sec. 2826. Improvment of base closure and realignment process.
Sec. 2827. Exercise of authority delegated by the Administrator of General Serv-
ices.
Sec. 2828. Lease back of property disposed from installations approved for closure
or realignment.
Sec. 2829. Proceeds of leases at installations approved for closure or realignment.
Sec. 2830. Consolidation of disposal of property and facilities at Fort Holabird,
Maryland.
Sec. 2830A. Land conveyance, property underlying Cummins Apartment Com-
plex, Fort Holabird, Maryland.
Sec. 2830B. Interim leases of property approved for closure or realignment.
Sec. 2830C. Sense of the Congress regarding Fitzsimons Army Medical Center,
Colorado.
Subtitle C—Land Conveyances
Sec. 2831. Land acquisition or exchange, Shaw Air Force Base, South Carolina.
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Sec. 2832. Authority for Port Authority of State of Mississippi to use certain
Navy property in Gulfport, Mississippi.
Sec. 2833. Conveyance of resource recovery facility, Fort Dix, New Jersey.
Sec. 2834. Conveyance of water and wastewater treatment plants, Fort Gordon,
Georgia.
Sec. 2835. Conveyance of water treatment plant, Fort Pickett, Virginia.
Sec. 2836. Conveyance of electric power distribution system, Fort Irwin, Califor-
nia.
Sec. 2837. Land exchange, Fort Lewis, Washington.
Sec. 2838. Land conveyance, Naval Surface Warfare Center, Memphis, Tennessee.
Sec. 2839. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
Sec. 2840. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2841. Report on disposal of property, Fort Ord Military Complex, Califor-
nia.
Sec. 2842. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2843. Land conveyance, Army Reserve property, Fort Sheridan, Illinois.
Sec. 2844. Land conveyance, Naval Communications Station, Stockton, Califor-
nia.
Sec. 2845. Land conveyance, William Langer Jewel Bearing Plant, Rolla, North
Dakota.
Sec. 2846. Land exchange, United States Army Reserve Center, Gainesville, Geor-
gia.
Subtitle D—Transfer of Jurisdiction and Establishment of
Midewin National Tallgrass Prairie
Sec. 2851. Short title.
Sec. 2852. Definitions.
Sec. 2853. Establishment of Midewin National Tallgrass Prairie.
Sec. 2854. Transfer of management responsibilities and jurisdiction over Arsenal.
Sec. 2855. Disposal for industrial parks, a county landfill, and a national veter-
ans cemetery and to the Administrator of General Services.
Sec. 2856. Continuation of responsibility and liability of the Secretary of the
Army for environmental cleanup.
Sec. 2857. Degree of environmental cleanup.
Subtitle E—Other Matters
Sec. 2861. Department of Defense laboratory revitalization demonstration pro-
gram.
Sec. 2862. Prohibition on joint civil aviation use of Miramar Naval Air Station,
California.
Sec. 2863. Report on agreement relating to conveyance of land, Fort Belvoir, Vir-
ginia.
Sec. 2864. Residual value report.
Sec. 2865. Renovation of the Pentagon Reservation.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
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Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Payment of penalties assessed against Rocky Flats Site.
Sec. 3106. Standardization of ethics and reporting requirements affecting the De-
partment of Energy with Government-wide standards.
Sec. 3107. Certain environmental restoration requirements.
Sec. 3108. Amending the hydronuclear provisions of this Act.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Tritium production.
Sec. 3132. Fissile materials disposition.
Sec. 3133. Tritium recycling.
Sec. 3134. Manufacturing infrastructure for refabrication and certification of en-
during nuclear weapons stockpile.
Sec. 3135. Hydronuclear experiments.
Sec. 3136. Fellowship program for development of skills critical to the Depart-
ment of Energy nuclear weapons complex.
Sec. 3137. Education program for development of personnel critical to the De-
partment of Energy nuclear weapons complex.
Sec. 3138. Limitation on use of funds for certain research and development pur-
poses.
Sec. 3139. Processing of high level nuclear waste and spent nuclear fuel rods.
Sec. 3140. Department of Energy Declassification Productivity Initiative.
Sec. 3141. Authority to reprogram funds for disposition of certain spent nuclear
fuel.
Sec. 3142. Protection of workers at nuclear weapons facilities.
Subtitle D—Review of Department of Energy National Security
Programs.
Sec. 3151. Review of Department of Energy national security programs.
Subtitle E—Other Matters
Sec. 3161. Responsibility for Defense Programs Emergency Response Program.
Sec. 3162. Requirements for Department of Energy weapons activities budgets for
fiscal years after fiscal year 1996.
Sec. 3163. Report on proposed purchases of tritium from foreign suppliers.
Sec. 3164. Report on hydronuclear testing.
Sec. 3165. Plan for the certification and stewardship of the enduring nuclear
weapons stockpile.
Sec. 3166. Applicability of Atomic Energy Community Act of 1955 to Los Ala-
mos, New Mexico.
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Sec. 3167. Sense of Senate on negotiations regarding shipments of spent nuclear
fuel from naval reactors.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NAVAL PETROLEUM RESERVES
Sec. 3301. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).
Sec. 3302. Future of naval petroleum reserves (other than Naval Petroleum Re-
serve Numbered 1).
TITLE XXXIV—NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Disposal of obsolete and excess materials contained in the National De-
fense Stockpile.
Sec. 3403. Disposal of chromite and manganese ores and chromium ferro and
manganese metal electrolytic.
Sec. 3404. Restrictions on disposal of manganese ferro.
Sec. 3405. Excess defense-related materials: transfer to stockpile and disposal.
TITLE XXXV—PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
DIVISION D—INFORMATION TECHNOLOGY MANAGEMENT
REFORM
Sec. 4001. Short title.
Sec. 4002. Findings.
Sec. 4003. Purposes.
Sec. 4004. Definitions.
Sec. 4005. Applications of exclusions.
TITLE XLI—RESPONSIBILITY FOR ACQUISITIONS OF
INFORMATION TECHNOLOGY
Subtitle A—General Authority
Sec. 4101. Authority of heads of executive agencies.
Sec. 4102. Repeal of central authority of the Administrator of General Services.
Subtitle B—Director of the Office of Management and Budget
Sec. 4121. Responsibility of Director.
Sec. 4122. Capital planning and investment control.
Sec. 4123. Performance-based and results-based management.
Sec. 4124. Integration with information resource management responsibilities.
Subtitle C—Executive Agencies
Sec. 4131. Responsibilities.
Sec. 4132. Capital planning and investment control.
Sec. 4133. Performance and results-based management.
Sec. 4134. Specific authority.
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Sec. 4135. Agency chief information officer.
Sec. 4136. Accountability.
Sec. 4137. Significant failures.
Sec. 4138. Interagency support.
Subtitle D—Chief Information Officers Council
Sec. 4141. Establishment of Chief Information Officers Council.
Subtitle E—Interagency Functional Groups
Sec. 4151. Establishment.
Sec. 4152. Specific functions.
Subtitle F—Other Responsibilities
Sec. 4161. Responsibilities under the Computer Security Act of 1987.
Subtitle G—Sense of Congress
Sec. 4171. Sense of Congress.
TITLE XLII—PROCESS FOR ACQUISITIONS OF
INFORMATION TECHNOLOGY
Subtitle A—Procedures
Sec. 4201. Procurement procedures.
Sec. 4202. Incremental acquisition of information technology.
Sec. 4203. Task and delivery order contracts.
Subtitle B—Acquisition Management
Sec. 4221. Acquisition management team.
Sec. 4222. Oversight of acquisitions.
TITLE XLIII—INFORMATION TECHNOLOGY ACQUISITION
PILOT PROGRAMS
Subtitle A—Conduct of Pilot Programs
Sec. 4301. Authorization to conduct pilot programs.
Sec. 4302. Evaluation criteria and plans.
Sec. 4303. Report.
Sec. 4304. Recommended legislation.
Sec. 4305. Rule of construction.
Subtitle B—Specific Pilot Programs
Sec. 4321. Share-in-savings pilot program.
Sec. 4322. Solutions-based contracting pilot program.
TITLE XLIV—OTHER INFORMATION RESOURCES
MANAGEMENT REFORM
Sec. 4401. On-line multiple award schedule contracting.
Sec. 4402. Disposal of excess computer equipment.
Sec. 4403. Leasing information technology.
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TITLE XLV—PROCUREMENT PROTEST AUTHORITY OF THE
COMPTROLLER GENERAL
Sec. 4501. Period for processing protests.
Sec. 4502. Definition.
Sec. 4503. Exclusivity of administrative remedies.
TITLE XLVI—RELATED TERMINATIONS, CONFORMING
AMENDMENTS, AND CLERICAL AMENDMENTS
Subtitle A—Conforming Amendments
Sec. 4601. Amendments to title 10, United States Code.
Sec. 4602. Amendments to title 28, United States Code.
Sec. 4603. Amendments to title 31, United States Code.
Sec. 4604. Amendments to title 38, United States Code.
Sec. 4605. Provisions of title 44, United States Code, relating to paperwork re-
duction.
Sec. 4606. Amendment to title 49, United States Code.
Sec. 4607. Other laws.
Sec. 4608. Access of certain information in information systems to the directory
and system of access established under section 4101 of title 44,
United States Code.
Sec. 4609. Rule of construction relating to the provisions of title 44, United
States Code.
Subtitle B—Clerical Amendment
Sec. 4621. Amendment to title 38, United States Code.
TITLE XLVII—SAVINGS PROVISIONS
Sec. 4701. Savings provisions.
TITLE XLVIII—EFFECTIVE DATES
Sec. 4801. Effective dates.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on National Security and the
Committee on Appropriations of the House of Rep-
resentatives.
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(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1996 for procurement for
the Marine Corps in the amount of $683,416,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for procurement for the Air Force as follows:
(1) For aircraft, $6,318,586,000.
(2) For missiles, $3,597,499,000.
(3) For other procurement, $6,546,001,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for Defense-wide procurement in the amount
of $2,118,324,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for procurement of aircraft, vehicles, commu-
nications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $209,400,000.
(2) For the Air National Guard, $137,000,000.
(3) For the Army Reserve, $62,000,000.
(4) For the Naval Reserve, $74,000,000.
(5) For the Air Force Reserve, $240,000,000.
(6) For the Marine Corps Reserve, $55,000,000.
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SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for procurement for the Inspector General of
the Department of Defense in the amount of $1,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1996 the amount of $671,698,000 for—
(1) the destruction of lethal chemical weapons
and munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare material
of the United States that is not covered by section
1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for the Department of Defense for procure-
ment for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount
of $288,033,000.
Subtitle B—Army Programs
SEC. 111. AH–64D LONGBOW APACHE ATTACK HELICOPTER.
The Secretary of the Army may, in accordance with
section 2306b of title 10, United States Code, enter into
multiyear procurement contracts for procurement of AH–
64D Longbow Apache attack helicopters.
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SEC. 112. OH–58D AHIP SCOUT HELICOPTER.
The prohibition in section 133(a)(2) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1383) does not apply to
the obligation of funds in amounts not to exceed
$125,000,000 for the procurement of not more than 20 OH–
58D AHIP Scout aircraft from funds appropriated for fis-
cal year 1996 pursuant to section 101.
SEC. 113. HYDRA 70 ROCKET.
(a) LIMITATION.—Funds appropriated or otherwise
made available for the Department of Defense for fiscal year
1996 may not be obligated to procure Hydra 70 rockets
until the Secretary of the Army submits to Congress a docu-
ment that contains the certifications described in subsection
(b)(1) together with a discussion of the matter described in
subsection (b)(2).
(b) CONTENT OF SUBMISSION.—(1) A document sub-
mitted under subsection (a) satisfies the certification re-
quirements of that subsection if it contains the certifications
of the Secretary that—
(A) the specific technical cause of Hydra 70
Rocket failures has been identified;
(B) the technical corrections necessary for elimi-
nating premature detonations of such rockets have
been validated;
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(C) the total cost of making the necessary correc-
tions on all Hydra 70 rockets that are in the Army
inventory or are being procured under any contract
in effect on the date of the enactment of this Act does
not exceed the amount equal to 15 percent of the non-
recurring costs that would be incurred by the Army
for acquisition of improved rockets, including com-
mercially developed nondevelopmental systems, to re-
place the Hydra 70 rockets; and
(D) a nondevelopmental composite rocket system
has been fully reviewed for, or has received oper-
ational and platform certifications for, full qualifica-
tion of an alternative composite rocket motor and
propellant.
(2) The document shall also contain a discussion of
whether the existence of the system referred to in the certifi-
cation under paragraph (1)(D) will result in—
(A) early and continued availability of training
rockets to meet the requirements of the Army for such
rockets; and
(B) the attainment of competition in future pro-
curements of training rockets to meet such require-
ments.
(c) WAIVER AUTHORITY.—The Secretary of Defense
may waive the requirement in subsection (a) for the Sec-
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retary to submit the document described in that subsection
before procuring Hydra 70 rockets if the Secretary deter-
mines that a delay in procuring the rockets pending compli-
ance with the requirement would result in a significant risk
to the national security of the United States. Any such
waiver may not take effect until the Secretary submits to
Congress a notification of that determination together with
the reasons for the determination.
SEC. 114. REPORT ON AH–64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the
Army shall submit to Congress a report on plans to procure
T700–701C engine upgrade kits for Army AH–64D heli-
copters. The report shall include—
(1) a plan to provide for the upgrade of all
Army AH–64D helicopters with T700–701C engine
kits commencing in fiscal year 1996.
(2) detailed timeline and funding requirements
for the engine upgrade program described in para-
graph (1).
Subtitle C—Navy Programs
SEC. 121. SEAWOLF AND NEW ATTACK SUBMARINE PRO-
GRAMS.
(a) FUNDING.—(1) Of the amount authorized to be ap-
propriated under section 102(a)(3)—
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(A) $1,507,477,000 shall be available for the
final Seawolf attack submarine (SSN–23); and
(B) $814,498,000 shall be available for design
and advance procurement in fiscal year 1996 for the
lead submarine and the second submarine under the
New Attack Submarine program, of which—
(i) $10,000,000 shall be available only for
participation of Newport News Shipbuilding in
the New Attack Submarine design; and
(ii) $100,000,000 shall be available only for
advance procurement and design of the second
submarine under the New Attack Submarine
program.
(2) Of amounts authorized under any provision of law
to be appropriated for procurement for the Navy for fiscal
year 1997 for shipbuilding and conversion, $802,000,000
shall be available for design and advance procurement in
fiscal year 1997 for the lead submarine and the second sub-
marine under the New Attack Submarine program, of
which—
(A) $75,000,000 shall be available only for par-
ticipation by Newport News Shipbuilding in the New
Attack Submarine design; and
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(B) $427,000,000 shall be available only for ad-
vance procurement and design of the second sub-
marine under the New Attack Submarine program.
(3) Of the amount authorized to be appropriated under
section 201(2), $455,398,000 shall be available for research,
development, test, and evaluation for the New Attack Sub-
marine program.
(b) COMPETITION REQUIRED.—Funds referred to in
subsection (c) may not be obligated until the Secretary of
the Navy certifies in writing to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives that—
(1) the Secretary has restructured the New At-
tack Submarine program in accordance with this sec-
tion so as to provide for—
(A) procurement of the lead vessel under the
New Attack Submarine program from the Elec-
tric Boat Division beginning in fiscal year 1998,
if the price offered by Electric Boat Division is
determined by the Secretary as being fair and
reasonable;
(B) procurement of the second vessel under
the New Attack Submarine program from New-
port News Shipbuilding beginning in fiscal year
1999, if the price offered by Newport News Ship-
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building is determined by the Secretary as being
fair and reasonable; and
(C) procurement of other vessels under the
New Attack Submarine program under one or
more contracts that are entered into after com-
petition between potential competitors (as de-
fined in subsection (i)) in which the Secretary
shall solicit competitive proposals and award the
contract or contracts on the basis of price; and
(2) the Secretary has directed, as set forth in de-
tail in such certification, that no action prohibited in
subsection (d) will be taken to impair the design, en-
gineering, 
construction, 
and 
maintenance 
com-
petencies of either Electric Boat Division or Newport
News Shipbuilding to construct the New Attack Sub-
marine.
(c) COVERED FUNDS.—The funds referred to in sub-
section (b) are as follows:
(1) Funds available to the Navy for any fiscal
year after fiscal year 1995 for procurement of the
final Seawolf attack submarine (SSN–23) pursuant
to this Act or any Act enacted after the date of the
enactment of this Act.
(2) Funds available to the Navy for any such fis-
cal year for research, development, test, and evalua-
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tion or for procurement (including design and ad-
vance procurement) for the New Attack Submarine
program pursuant to this Act or any Act enacted
after the date of the enactment of this Act.
(d) LIMITATION ON CERTAIN ACTIONS.—In order to
ensure that Electric Boat Division and Newport News Ship-
building retain the technical competencies to construct the
New Attack Submarine, the following actions are prohib-
ited:
(1) A termination of or failure to extend, except
by reason of a breach of contract by the contractor or
an insufficiency of appropriations—
(A) the existing Planning Yard contract for
the Trident class submarines; or
(B) the existing Planning Yard contract for
the SSN–688 Los Angeles class submarines.
(2) A termination of any existing Lead Design
Yard contract for the SSN–21 Seawolf class sub-
marines or for the SSN–688 Los Angeles class sub-
marines, except by reason of a breach of contract by
the contractor or an insufficiency of appropriations.
(3) A failure of, or refusal by, the Department
of the Navy to permit both Electric Boat Division
and Newport News Shipbuilding to have access to suf-
ficient information concerning the design of the New
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Attack Submarine to ensure that each is capable of
constructing the New Attack Submarine.
(e) LIMITATION
ON EXPENDITURE
OF FUNDS
FOR
SEAWOLF PROGRAM.—Of the funds referred to in subsection
(c)(1)—
(1) not more than $700,000,000 may be ex-
pended in fiscal year 1996;
(2) not more than an additional $200,000,000
may be expended in fiscal year 1997;
(3) not more than an additional $200,000,000
may be expended in fiscal year 1998; and
(4) not more than an additional $407,477,000
may be expended in fiscal year 1999.
(f) LIMITATION ON EXPENDITURE OF FUNDS FOR NEW
ATTACK SUBMARINE PROGRAM.—Funds referred to in sub-
section (c)(2) that are available for the lead and second ves-
sels under the New Attack Submarine program may not
be expended during fiscal year 1996 for the lead vessel
under that program (other than for class design) unless
funds are obligated or expended during such fiscal year for
a contract in support of procurement of the second vessel
under the program.
(g) REPORTS REQUIRED.—Not later than November 1,
1995, and every six months thereafter through November 1,
1998, the Secretary of the Navy shall submit to the Commit-
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tee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report
setting forth the obligations and expenditures of funds for—
(1) the procurement of the final Seawolf attack
submarine (SSN–23); and
(2) research, development, test, and evaluation or
for procurement (including design and advance pro-
curement) for the lead and second vessels under the
New Attack Submarine program.
(h) REFERENCES TO CONTRACTORS.—For purposes of
this section—
(1) the contractor referred to as ‘‘Electric Boat
Division’’ is General Dynamics Corporation Electric
Boat Division; and
(2) the contractor referred to as ‘‘Newport News
Shipbuilding’’ is Newport News Shipbuilding and
Drydock Company.
(i) DEFINITIONS.—In this section:
(1) The term ‘‘potential competitor’’ means any
source to which the Secretary of the Navy has award-
ed, within 10 years before the date of the enactment
of this Act, a contract or contracts to construct one
or more nuclear attack submarines.
(2) The term ‘‘New Attack Submarine’’ means
any submarine planned or programmed by the Navy
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as a class of submarines the lead ship of which is
planned by the Navy, as of the date of the enactment
of this Act, for procurement in fiscal year 1998.
SEC. 122. REPEAL OF PROHIBITION ON BACKFIT OF TRI-
DENT SUBMARINES.
Section 124 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2683)
is repealed.
SEC. 123. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) FIRST INCREMENT FUNDING.—Of the amount au-
thorized to be appropriated under section 102(a)(3),
$650,000,000 shall be available in accordance with section
7315 of title 10, United States Code (as added by section
124), as the first increment of funding for two Arleigh
Burke class destroyers.
(b) FINAL INCREMENT FUNDING.—It is the sense of
Congress that the Secretary of the Navy should plan for and
request the final increment of funding for the two destroyers
for fiscal year 1997 in accordance with section 7315 of title
10, United States Code (as added by section 124).
SEC. 124. SPLIT FUNDING FOR CONSTRUCTION OF NAVAL
VESSELS.
(a) IN GENERAL.—Chapter 633 of title 10, United
States Code is amended by adding at the end the following:
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‘‘§ 7315. Planning for funding construction
‘‘(a) PLANNING FOR SPLIT FUNDING.—The Secretary
of Defense may provide in the future-years defense program
for split funding of construction of new naval vessels satis-
fying the requirements of subsection (d).
‘‘(b) SPLIT FUNDING REQUESTS.—In the case of con-
struction of a new naval vessel satisfying the requirements
of subsection (d), the Secretary of the Navy shall—
‘‘(1) determine the total amount that is nec-
essary for construction of the vessel, including an al-
lowance for future inflation; and
‘‘(2) request funding for construction of the vessel
in two substantially equal increments.
‘‘(c) CONTRACT AUTHORIZED UPON FUNDING
OF
FIRST INCREMENT.—(1) The Secretary of the Navy may
enter into a contract for the construction of a new naval
vessel upon appropriation of a first increment of funding
for construction of the vessel.
‘‘(2) A contract entered into in accordance with para-
graph (1) shall include a liquidated damages clause for any
termination of the contract for the convenience of the Gov-
ernment that occurs before the remainder of the amount nec-
essary for full funding of the contract is appropriated.
‘‘(d) APPLICABILITY.—This section applies to con-
struction of a naval vessel—
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‘‘(1) that is in a class of vessels for which the de-
sign is mature and there is sufficient construction ex-
perience for the costs of construction to be well under-
stood and predictable; and
‘‘(2) for which—
‘‘(A) provision is made in the future-years
defense program; or
‘‘(B) the Chairman of the Joint Chiefs of
Staff, in consultation with the Secretary of the
Navy, has otherwise determined that there is a
valid military requirement.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 633 of such title is amended by
adding at the end the following:
‘‘7315. Planning for funding construction.’’.
SEC. 125. SEAWOLF SUBMARINE PROGRAM.
(a) LIMITATION OF COSTS.—Except as provided in
subsection (b), the total amount obligated or expended for
procurement of the SSN–21, SSN–22, and SSN–23 Seawolf
class submarines may not exceed $7,223,659,000.
(b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—
The amount of the limitation set forth in subsection (a) is
increased after fiscal year 1995 by the following amounts:
(1) The amounts of outfitting costs and post-de-
livery costs incurred for the submarines referred to in
such subsection.
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(2) The amounts of increases in costs attrib-
utable to economic inflation after fiscal year 1995.
(3) The amounts of increases in costs attrib-
utable to compliance with changes in Federal, State,
or local laws enacted after fiscal year 1995.
SEC. 126. CRASH ATTENUATING SEATS ACQUISITION PRO-
GRAM.
(a) PROGRAM AUTHORIZED.—The Secretary of the
Navy may establish a program to procure for, and install
in, H–53E military transport helicopters commercially de-
veloped, energy absorbing, crash attenuating seats that the
Secretary determines are consistent with military specifica-
tions for seats for such helicopters.
(b) FUNDING.—To the extent provided in appropria-
tions Acts, of the unobligated balance of amounts appro-
priated for the Legacy Resource Management Program pur-
suant to the authorization of appropriations in section
301(5) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 108 Stat. 2706), not more
than $10,000,000 shall be available to the Secretary of the
Navy, by transfer to the appropriate accounts, for carrying
out the program authorized in subsection (a).
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Subtitle D—Other Programs
SEC. 131. TIER II PREDATOR UNMANNED AERIAL VEHICLE
PROGRAM.
Funds appropriated or otherwise made available for
the Department of Defense for fiscal year 1996 for procure-
ment or for research, development, test, and evaluation may
not be obligated or expended for the Tier II Predator un-
manned aerial vehicle program.
SEC. 132. PIONEER UNMANNED AERIAL VEHICLE PRO-
GRAM.
Not more than 1⁄6 of the amount appropriated pursu-
ant to this Act for the activities and operations of the Un-
manned Aerial Vehicle Joint Program Office (UAV–JPO),
and none of the unobligated balances of funds appropriated
for fiscal years before fiscal year 1996 for the activities and
operations of such office, may be obligated until the Sec-
retary of the Navy certifies to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives that the nine Pioneer
Unmanned Aerial Vehicle systems have been equipped with
the Common Automatic Landing and Recovery System
(CARS).
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SEC. 133. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM
PROGRAM.
Of the amount authorized to be appropriated under
section 103(1), $54,968,000 shall be available for the Joint
Primary Aircraft Training System program for procure-
ment of up to eight aircraft.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201.
AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,845,097,000.
(2) For the Navy, $8,624,230,000.
(3) For the Air Force, $13,087,389,000.
(4) For Defense-wide activities, $9,533,148,000,
of which—
(A) $239,341,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
(B) $22,587,000 is authorized for the Direc-
tor of Operational Test and Evaluation; and
(C) $475,470,000 is authorized for Other
Theater Missile Defense, of which up to
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$25,000,000 may be made available for the oper-
ation of the Battlefield Integration Center.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR-
ATORY DEVELOPMENT.
(a) FISCAL YEAR 1996.—Of the amounts authorized
to be appropriated by section 201, $4,076,580,000 shall be
available for basic research and exploratory development
projects.
(b) BASIC RESEARCH AND EXPLORATORY DEVELOP-
MENT DEFINED.—For purposes of this section, the term
‘‘basic research and exploratory development’’ means work
funded in program elements for defense research and devel-
opment under Department of Defense category 6.1 or 6.2.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. A/F117X LONG-RANGE, MEDIUM ATTACK AIR-
CRAFT.
Of the amount authorized to be appropriated by sec-
tion 201(2) for the Joint Advanced Strike Technology pro-
gram—
(1) $25,000,000 shall be available for the con-
duct, during fiscal year 1996, of a 6-month program
definition phase for the A/F117X, an F–117 fighter
aircraft modified for use by the Navy as a long-range,
medium attack aircraft; and
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(2) $150,000,000 shall be available for engineer-
ing
and
manufacturing
development
of
the A/
F117X aircraft, except that none of such amount may
be obligated until the Secretary of the Navy, after
considering the results of the program definition
phase, approves proceeding into engineering and
manufacturing development of the A/F117X aircraft.
SEC. 212. NAVY MINE COUNTERMEASURES PROGRAM.
Section 216(a) of the National Defense, Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
105 Stat. 1317) is amended—
(1) by striking out ‘‘Director, Defense Research
and Engineering’’ and inserting in lieu thereof
‘‘Under Secretary of Defense for Acquisition and
Technology’’; and
(2) by striking out ‘‘fiscal years 1995 through
1999’’ and inserting in lieu thereof ‘‘fiscal years 1997
through 1999’’.
SEC. 213. MARINE CORPS SHORE FIRE SUPPORT.
Of the amount appropriated pursuant to section
201(2) for the Tomahawk Baseline Improvement Program,
not more than 50 percent of that amount may be obligated
until the Secretary of the Navy certifies to the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives that the Sec-
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retary has structured, and planned for full funding of, a
program leading to a live-fire test of an Army Extended
Range Multiple Launch Rocket from an Army Multiple
Launch Rocket Launcher on a Navy ship before October 1,
1997.
SEC. 214. SPACE AND MISSILE TRACKING SYSTEM PRO-
GRAM.
(a) DEVELOPMENT
AND DEPLOYMENT PLAN.—The
Secretary of the Air Force shall structure the development
schedule for the Space and Missile Tracking System so as
to achieve a first launch of a user operation evaluation sys-
tem (UOES) satellite in fiscal year 2001, and to attain ini-
tial operational capability (IOC) of a full constellation of
user operation evaluation systems and objective system sat-
ellites in fiscal year 2003.
(b) MANAGEMENT OVERSIGHT.—In exercising the re-
sponsibility for the Space and Missile Tracking System pro-
gram, the Secretary of the Air Force shall first obtain the
concurrence of the Director of the Ballistic Missile Defense
Organization before implementing any decision that would
have any of the following results regarding the program:
(1) A reduction in funds available for obligation
or expenditure for the program for a fiscal year below
the amount specifically authorized and appropriated
for the program for that fiscal year.
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(2) An increase in the total program cost.
(3) A delay in a previously established develop-
ment or deployment schedule.
(4) A modification in the performance param-
eters or specifications.
(c) AUTHORIZATION.—Of the amount authorized to be
appropriated under section 201(3) for fiscal year 1996,
$249,824,000 shall be available for the Space and Missile
Tracking System (SMTS) program.
SEC. 215. PRECISION GUIDED MUNITIONS.
(a) ANALYSIS REQUIRED.—The Secretary of Defense
shall perform an analysis of the full range of precision guid-
ed munitions in production and in research, development,
test, and evaluation in order to determine the following:
(1) The numbers and types of precision guided
munitions that are needed to provide a complemen-
tary capability against each target class.
(2) The feasibility of carrying out joint develop-
ment and procurement of additional munition types
by more than one of the Armed Forces.
(3) The feasibility of integrating a particular
precision guided munition on multiple service plat-
forms.
(4) The economy and effectiveness of continuing
acquisition of—
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(A) interim precision guided munitions; or
(B) precision guided munitions that, as a
result of being procured in decreasing numbers
to meet decreasing quantity requirements, have
increased in cost per unit by more than 50 per-
cent over the cost per unit for such munitions as
of December 1, 1991.
(b) REPORT.—(1) Not later than February 1, 1996,
the Secretary shall submit to Congress a report on the find-
ings and other results of the analysis.
(2) The report shall include a detailed discussion of
the process by which the Department of Defense—
(A) approves the development of new precision
guided munitions;
(B) avoids duplication and redundancy in the
precision guided munitions programs of the Army,
Navy, Air Force, and Marine Corps;
(C) ensures rationality in the relationship be-
tween the funding plans for precision guided muni-
tions modernization for fiscal years following fiscal
year 1996 and the costs of such modernization for
those fiscal years; and
(D) identifies by name and function each person
responsible for approving each new precision guided
munition for initial low-rate production.
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(c) FUNDING LIMITATION.—Funds authorized to be
appropriated by this Act may not be expended for research,
development, test, and evaluation or procurement of interim
precision guided munitions until the Secretary of Defense
submits the report under subsection (b).
(d) INTERIM
PRECISION
GUIDED
MUNITION
DE-
FINED.—For purposes of paragraph (1), a precision guided
munition is an interim precision guided munition if the
munition is being procured in fiscal year 1996, but funding
is not proposed for additional procurement of the munition
in the fiscal years after fiscal year 1996 in the future years
defense program submitted to Congress in 1995 under sec-
tion 221(a) of title 10, United States Code.
SEC. 216. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) AGENCY FUNDING.—Of the amounts authorized to
be appropriated to the Department of Defense in section
201, $252,900,000 shall be available for the Defense Nuclear
Agency.
(b) TUNNEL CHARACTERIZATION AND NEUTRALIZA-
TION PROGRAM.—Of the amount available under subsection
(a), $3,000,000 shall be available for a tunnel characteriza-
tion and neutralization program to be managed by the De-
fense Nuclear Agency as part of the counterproliferation ac-
tivities of the Department of Defense.
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(c) LONG-TERM RADIATION TOLERANT MICROELEC-
TRONICS PROGRAM.—(1) Of the amount available under
subsection (a), $6,000,000 shall be available for the estab-
lishment of a long-term radiation tolerant microelectronics
program to be managed by the Defense Nuclear Agency for
the purposes of—
(A) providing for the development of affordable
and effective hardening technologies and for incorpo-
ration of such technologies into systems;
(B) sustaining the supporting industrial base;
and
(C) ensuring that a use of a nuclear weapon in
regional threat scenarios does not interrupt or defeat
the continued operability of systems of the Armed
Forces exposed to the combined effects of radiation
emitted by the weapon.
(2) Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to
Congress a report on how the long-term radiation tolerant
microelectronics program is to be conducted and funded in
the fiscal years after fiscal year 1996 that are covered by
the future-years defense program submitted to Congress in
1995.
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SEC. 217. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Defense under section 201(4),
$144,500,000 shall be available for the Counterproliferation
Support Program, of which—
(1) $30,000,000 shall be available for a tactical
antisatellite technologies program; and
(2) $6,300,000 shall be available for research and
development of technologies for Special Operations
Command (SOCOM) counterproliferation activities.
(b) ADDITIONAL AUTHORITY TO TRANSFER AUTHOR-
IZATIONS.—(1) In addition to the transfer authority pro-
vided in section 1003, upon determination by the Secretary
of Defense that such action is necessary in the national in-
terest, the Secretary may transfer amounts of authoriza-
tions made available to the Department of Defense in this
division for fiscal year 1996 to counterproliferation pro-
grams, projects, and activities identified as areas for
progress by the Counterproliferation Program Review Com-
mittee established by section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103–
160). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
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(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this subsection
may not exceed $50,000,000.
(3) The authority provided by this subsection to trans-
fer authorizations—
(A) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
(B) may not be used to provide authority for an
item that has been denied authorization by Congress.
(4) A transfer made from one account to another under
the authority of this subsection shall be deemed to increase
the amount authorized for the account to which the amount
is transferred by an amount equal to the amount trans-
ferred.
(5) The Secretary of Defense shall promptly notify
Congress of transfers made under the authority of this sub-
section.
SEC. 218. NONLETHAL WEAPONS PROGRAM.
(a) ESTABLISHMENT OF PROGRAM OFFICE.—The Sec-
retary of Defense shall establish in the Office of the Under
Secretary of Defense for Acquisition and Technology a Pro-
gram Office for Nonlethal Systems and Technologies to con-
duct research, development, testing, and evaluation of
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nonlethal weapons applicable to forces engaged in both tra-
ditional and nontraditional military operations.
(b) FUNDING.—Of the amount authorized to be appro-
priated under section 201(4), $37,200,000 shall be available
for the Program Office for Nonlethal Systems and Tech-
nologies.
SEC. 219. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) CENTERS COVERED.—Funds appropriated or oth-
erwise made available for the Department of Defense for fis-
cal year 1996 pursuant to an authorization of appropria-
tions in section 201 may be obligated to procure work from
a federally funded research and development center only in
the case of a center named in the report required by sub-
section (b) and, in the case of such a center, only in an
amount not in excess of the amount of the proposed funding
level set forth for that center in such report.
(b) REPORT ON ALLOCATIONS FOR CENTERS.—(1) Not
later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives a report
containing—
(A) the name of each federally funded research
and development center from which work is proposed
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to be procured for the Department of Defense for fiscal
year 1996; and
(B) for each such center, the proposed funding
level and the estimated personnel level for fiscal year
1996.
(2) The total of the proposed funding levels set forth
in the report for all federally funded research and develop-
ment centers may not exceed the amount set forth in sub-
section (d).
(c) LIMITATION PENDING SUBMISSION OF REPORT.—
No funds appropriated or otherwise made available for the
Department of Defense for fiscal year 1996 may be obligated
to procure work from a federally funded research and devel-
opment center until the Secretary of Defense submits the
report required by subsection (b).
(d) FUNDING.—Of the amounts authorized to be ap-
propriated by section 201, not more than a total of
$1,162,650,000 may be obligated to procure services from
the federally funded research and development centers
named in the report required by subsection (b).
(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—
The Secretary of Defense may waive the limitation regard-
ing the maximum funding amount that applies under sub-
section (a) to a federally funded research and development
center. Whenever the Secretary proposes to make such a
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waiver, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives notice of
the proposed waiver and the reasons for the waiver. The
waiver may then be made only after the end of the 60-day
period that begins on the date on which the notice is submit-
ted to those committees, unless the Secretary determines that
it is essential to the national security that funds be obli-
gated for work at that center in excess of that limitation
before the end of such period and notifies the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives of that de-
termination and the reasons for the determination.
(f) UNDISTRIBUTED REDUCTION.—The total amount
authorized to be appropriated for research, development,
test, and evaluation in section 201 is hereby reduced by
$90,000,000.
SEC. 220. STATES ELIGIBLE FOR ASSISTANCE UNDER DE-
FENSE EXPERIMENTAL PROGRAM TO STIMU-
LATE COMPETITIVE RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National
Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 108 Stat. 2705; 10 U.S.C. 2358 note) is
amended to read as follows:
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‘‘(A) the amount of all Department of Defense
obligations for science and engineering research and
development that were in effect with institutions of
higher education in the State for the fiscal year pre-
ceding the fiscal year for which the designation is ef-
fective or for the last fiscal year for which statistics
are available is less than the amount determined by
multiplying 60 percent times 1⁄50 of the total amount
of all Department of Defense obligations for science
and engineering research and development that were
in effect with institutions of higher education in the
United States for such preceding or last fiscal year,
as the case may be (to be determined in consultation
with the Secretary of Defense);’’.
SEC. 221. NATIONAL DEFENSE TECHNOLOGY AND INDUS-
TRIAL BASE, DEFENSE REINVESTMENT, AND
CONVERSION.
(a) REPEAL OF CERTAIN AUTHORITIES AND REQUIRE-
MENTS.—Chapter 148 of title 10, United States Code, is
amended—
(1) in section 2491—
(A) by striking out paragraphs (12), (13),
(14), and (15); and
(B) by redesignating paragraph (16) as
paragraph (12);
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(2) in section 2501—
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as sub-
section (b); and
(3) by striking out sections 2512, 2513, 2516,
2520, 2523, and 2524.
(b) CRITERIA FOR SELECTION OF DEFENSE ADVANCED
MANUFACTURING
TECHNOLOGY
PARTNERSHIPS.—Sub-
section (d) of section 2522 of such title is amended to read
as follows:
‘‘(d) SELECTION CRITERIA.—The criteria for the selec-
tion of proposed partnerships for establishment under this
section shall be the criteria specified in section 2511(f) of
this title.’’.
(c) CONFORMING AMENDMENTS.—(1) Section 2516(b)
of such title is amended—
(A) by inserting ‘‘and’’ at the end of paragraph
(2);
(B) by striking out ‘‘; and’’ at the end of para-
graph (3) and inserting in lieu thereof a period; and
(C) by striking out paragraph (4).
(2) Section 2524 of such title is amended—
(A) in subsection (a), by striking out ‘‘and the
defense reinvestment, diversification, and conversion
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program objectives set forth in section 2501(b) of this
title’’; and
(B) in subsection (f), by striking out ‘‘and the
reinvestment, diversification, and conversion program
objectives set forth in section 2501(b) of this title’’.
(d) CLERICAL AMENDMENTS.—(1) The table of sections
at the beginning of subchapter III of chapter 148 of title
10, United States Code, is amended by striking out the
items relating to sections 2512, 2513, 2516, and 2520.
(2) The table of sections at the beginning of subchapter
IV of such chapter is amended by striking out the items
relating to sections 2523 and 2524.
SEC. 222. REVISIONS OF MANUFACTURING SCIENCE AND
TECHNOLOGY PROGRAM.
(a) PARTICIPATION OF DOD LABORATORIES IN ESTAB-
LISHMENT OF PROGRAM.—Subsection (a) of section 2525
of title 10, United States Code, is amended by inserting
after the first sentence the following: ‘‘The Secretary shall
use the manufacturing science and technology joint plan-
ning process of the directors of the Department of Defense
laboratories in establishing the program.’’.
(b) PARTICIPATION OF EQUIPMENT MANUFACTURERS
IN PROJECTS.—Subsection (c) of such section is amended—
(1) by inserting ‘‘(1)’’ after
‘‘(c) EXECUTION.—’’; and
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(2) by adding at the end the following:
‘‘(2) The Secretary shall seek, to the extent practicable,
the participation of manufacturers of manufacturing equip-
ment in the projects under the program.’’.
SEC. 223. PREPAREDNESS OF THE DEPARTMENT OF DE-
FENSE TO RESPOND TO MILITARY AND CIVIL
DEFENSE EMERGENCIES RESULTING FROM A
CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR
NUCLEAR ATTACK.
(a) REPORT.—Not later than February 28, 1996, the
Secretary of Defense and the Secretary of Energy, in con-
sultation with the Director of the Federal Emergency Man-
agement Agency, shall jointly submit to Congress a report
on the plans and programs of the Department of Defense
to prepare for and respond to military and civil defense
emergencies resulting from a chemical, biological, radiologi-
cal, or nuclear attack on the United States.
(b) CONTENT OF REPORT.—The report shall contain
the following:
(1) A discussion of—
(A) the consequences of an attack for which
the Department of Defense has a responsibility to
provide a primary response; and
(B) the plans and programs for preparing
for and providing that response.
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(2) A discussion of—
(A) the consequences of an attack for which
the Department of Defense has a responsibility to
provide a supporting response; and
(B) the plans and programs for preparing
for and providing that response.
(3) Any actions and recommended legislation
that the Secretary considers necessary for improving
the preparedness of the Department of Defense to re-
spond effectively to the consequences of a chemical, bi-
ological, radiological, or nuclear attack on the United
States.
SEC. 224. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC
NETWORK.
To the extent provided in appropriations Acts,
$9,500,000 of the unobligated balance of funds available to
the Air Force for research, development, test, and evaluation
for fiscal year 1995 shall be available for continuation of
the Joint Seismic Program and Global Seismic Network.
SEC. 225. DEPRESSED ALTITUDE GUIDED GUN ROUND SYS-
TEM.
Of the amount authorized to be appropriated under
section 201(1), $5,000,000 is authorized to be appropriated
for continued development of the depressed altitude guided
gun round system.
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SEC. 226. ARMY ECHELON ABOVE CORPS COMMUNICA-
TIONS.
Of the amount authorized to be appropriated under
section 201(3), $40,000,000 is hereby transferred to the au-
thorization of appropriations under section 101(5) for pro-
curement of communications equipment for Army echelons
above corps.
SEC. 227. TESTING OF THEATER MISSILE DEFENSE INTER-
CEPTORS.
(a) The Secretary of Defense may not approve a thea-
ter missile defense interceptor program proceeding beyond
the low-rate initial production acquisition stage until the
Secretary certifies to the congressional defense committees
that such program has successfully completed initial oper-
ational test and evaluation, and is found to be a suitable
and effective system.
(b) In order to be certified under subsection (a) as hav-
ing been successfully completed, the initial operational test
and evaluation conducted with respect to an interceptor
program must have included flight tests—
(1) that were conducted with multiple intercep-
tors and multiple targets in the presence of realistic
countermeasures; and
(2) the results of which demonstrate the achieve-
ment by the interceptors of the baseline performance
thresholds.
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(c) For purposes of this section, the baseline perform-
ance thresholds with respect to a program are the weapons
systems performance thresholds specified in the baseline de-
scription for the system established (pursuant to section
2435(a)(1) of title 10, United States Code) before the pro-
gram entered the engineering and manufacturing develop-
ment stage.
(d) The number of flight tests described in subsection
(b) that are required in order to make the certification
under subsection (a) shall be a number determined by the
Director of Operational Test and Evaluation to be sufficient
for the purposes of this section.
(e) The Secretary may augment flight testing to dem-
onstrate weapons system performance goals for purposes of
the certification under subsection (a) through the use of
modeling and simulation that is validated by ground and
flight testing.
(f) The Director of Operational Test and Evaluation
and Ballistic Missile Defense Organization shall include in
their annual reports to Congress plans to adequately test
theater missile defense interceptor programs throughout the
acquisition process. As these theater missile defense systems
progress through the acquisition process, the Director of
Operational Test and Evaluation and Ballistic Missile De-
fense Organization shall include in their annual reports to
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Congress an assessment of how these programs satisfy
planned test objectives.
Subtitle C—Missile Defense
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘‘Missile Defense Act
of 1995’’.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The threat that is posed to the national secu-
rity of the United States by the proliferation of ballis-
tic and cruise missiles is significant and growing,
both quantitatively and qualitatively.
(2) The deployment of effective Theater Missile
Defense systems can deny potential adversaries the
option of escalating a conflict by threatening or at-
tacking United States forces, coalition partners of the
United States, or allies of the United States with bal-
listic missiles armed with weapons of mass destruc-
tion to offset the operational and technical advantages
of the United States and its coalition partners and
allies.
(3) The intelligence community of the United
States has estimated that (A) the missile proliferation
trend is toward longer range and more sophisticated
ballistic missiles, (B) North Korea may deploy an
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intercontinental ballistic missile capable of reaching
Alaska or beyond within 5 years, and (C) although a
new indigenously developed ballistic missile threat to
the continental United States is not forecast within
the next 10 years there is a danger that determined
countries will acquire intercontinental ballistic mis-
siles in the near future and with little warning by
means other than indigenous development.
(4) The deployment by the United States and its
allies of effective defenses against ballistic missiles of
all ranges, as well as against cruise missiles, can re-
duce the incentives for countries to acquire such mis-
siles or to augment existing missile capabilities.
(5) The Cold War distinction between strategic
ballistic missiles and nonstrategic ballistic missiles
and, therefore, the ABM Treaty’s distinction between
strategic defense and nonstrategic defense, has
changed because of technological advancements and
should be reviewed.
(6) The concept of mutual assured destruction,
which was one of the major philosophical rationales
for the ABM Treaty, is now questionable as a basis
for stability in a multipolar world in which the Unit-
ed States and the states of the former Soviet Union
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are seeking to normalize relations and eliminate Cold
War attitudes and arrangements.
(7) Theater and national missile defenses can
contribute to the maintenance of stability as missile
threats proliferate and as the United States and the
former Soviet Union significantly reduce the number
of strategic nuclear forces in their respective inven-
tories.
(8) Although technology control regimes and
other forms of international arms control can contrib-
ute to nonproliferation, such measures alone are inad-
equate for dealing with missile proliferation, and
should not be viewed as alternatives to missile de-
fenses and other active and passive defenses.
(9) Due to limitations in the ABM Treaty which
preclude deployment of more than 100 ground-based
ABM interceptors at a single site, the United States
is currently prohibited from deploying a national
missile defense system capable of defending the con-
tinental United States, Alaska, and Hawaii against
even the most limited ballistic missile attacks.
SEC. 233. MISSILE DEFENSE POLICY.
It is the policy of the United States to—
(1) deploy as soon as possible affordable and
operationally effective theater missile defenses capable
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of countering existing and emerging theater ballistic
missiles;
(2)(A) develop for deployment a multiple-site na-
tional missile defense system that: (i) is affordable
and operationally effective against limited, acciden-
tal, and unauthorized ballistic missile attacks on the
territory of the United States, and (ii) can be aug-
mented over time as the threat changes to provide a
layered defense against limited, accidental, or unau-
thorized ballistic missile threats;
(B) initiate negotiations with the Russian Fed-
eration as necessary to provide for the national mis-
sile defense systems specified in section 235; and
(C) consider, if those negotiations fail, the option
of withdrawing from the ABM Treaty in accordance
with the provisions of Article XV of the Treaty, sub-
ject to consultations between the President and the
Senate;
(3) ensure congressional review, prior to a deci-
sion to deploy the system developed for deployment
under paragraph (2), of: (A) the affordability and
operational effectiveness of such a system; (B) the
threat to be countered by such a system; and (C)
ABM Treaty considerations with respect to such a
system.
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(4) improve existing cruise missile defenses and
deploy as soon as practical defenses that are afford-
able and operationally effective against advanced
cruise missiles;
(5) pursue a focused research and development
program to provide follow-on ballistic missile defense
options;
(6) employ streamlined acquisition procedures to
lower the cost and accelerate the pace of developing
and deploying theater missile defenses, cruise missile
defenses, and national missile defenses;
(7) seek a cooperative transition to a regime that
does not feature mutual assured destruction and an
offense-only form of deterrence as the basis for strate-
gic stability; and
(8) carry out the policies, programs, and require-
ments of subtitle C of title II of this Act through proc-
esses specified within, or consistent with, the ABM
Treaty, which anticipates the need and provides the
means for amendment to the Treaty.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) ESTABLISHMENT OF CORE PROGRAM.—To imple-
ment the policy established in section 233, the Secretary
of Defense shall establish a top priority core theater missile
defense program consisting of the following systems:
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(1) The Patriot PAC–3 system, with a first unit
equipped (FUE) in fiscal year 1998.
(2) The Navy Lower Tier (Area) system, with a
user operational evaluation system (UOES) capabil-
ity in fiscal year 1997 and an initial operational ca-
pability (IOC) in fiscal year 1999.
(3) The Theater High-Altitude Area Defense
(THAAD) system, with a user operational evaluation
system (UOES) capability in fiscal year 1997 and an
initial operational capability (IOC) no later than fis-
cal year 2002.
(4) The Navy Upper Tier (Theater Wide) system,
with a user operational evaluation system (UOES)
capability in fiscal year 1999 and an initial oper-
ational capability (IOC) in fiscal year 2001.
(b) INTEROPERABILITY AND SUPPORT OF CORE SYS-
TEMS.—To maximize effectiveness and flexibility, the Sec-
retary of Defense shall ensure that core theater missile de-
fense systems are interoperable and fully capable of exploit-
ing external sensor and battle management support from
systems such as the Navy’s Cooperative Engagement Capa-
bility (CEC), the Army’s Battlefield Integration Center
(BIC), air and space-based sensors including, in particular,
the Space and Missile Tracking System (SMTS).
HR 1530 EAS
SEC. 239. BALLISTIC MISSILE DEFENSE PROGRAM ELE-
MENTS.
(a) ELEMENTS SPECIFIED.—In the budget justifica-
tion materials submitted to Congress in support of the De-
partment of Defense budget for any fiscal year after fiscal
year 1996 (as submitted in the budget of the President
under section 1105(a) of title 31, United States Code), the
amount requested for activities of the Ballistic Missile De-
fense Organization shall be set forth in accordance with the
following program elements:
(1) The Patriot system.
(2) The Navy Lower Tier (Area) system.
(3) The Theater High-Altitude Area Defense
(THAAD) system.
(4) The Navy Upper Tier (Theater Wide) system.
(5) Other Theater Missile Defense Activities.
(6) National Missile Defense.
(7) Follow-On and Support Technologies.
(b) TREATMENT OF NON-CORE TMD IN OTHER THEA-
TER MISSILE DEFENSE ACTIVITIES ELEMENT.—Funding
for theater missile defense programs, projects, and activities,
other than core theater missile defense programs, shall be
covered in the ‘‘Other Theater Missile Defense Activities’’
program element.
(c) TREATMENT
OF CORE THEATER MISSILE DE-
FENSE PROGRAMS.—Funding for core theater missile de-
HR 1530 EAS
(13) For the United States Court of Appeals for
the Armed Forces, $6,521,000.
(14) For Environmental Restoration, Defense,
$1,601,800,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $680,432,000.
(16) 
For 
Medical 
Programs, 
Defense,
$9,943,825,000.
(17) For support for the 1996 Summer Olym-
pics, $15,000,000.
(18) For Cooperative Threat Reduction pro-
grams, $365,000,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $60,000,000.
The amount authorized to be appropriated by section
301(5) is hereby reduced by $40,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Business Operations Fund,
$878,700,000.