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Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard, Vir-
ginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons Indus-
trial Reserve Plant, Calverton, New York.
PART III—AIR FORCE CONVEYANCES
Sec. 2841. Conveyance of primate research complex, Holloman Air Force Base,
New Mexico.
Sec. 2842. Land conveyance, Radar Bomb Scoring Site, Belle Fourche, South
Dakota.
PART IV—OTHER CONVEYANCES
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Subtitle D—Other Matters
Sec. 2861. Easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the management
of cultural resources on military installations.
Sec. 2863. Demonstration project for installation and operation of electric
power distribution system at Youngstown Air Reserve Station,
Ohio.
Sec. 2864. Designation of Michael O’Callaghan Military Hospital.
TITLE XXIX—MILITARY LAND WITHDRAWALS
Subtitle A—Fort Carson-Pinon Canyon Military Lands
Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military Res-
ervation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver
Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of contami-
nation.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B—El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
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Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL 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.
Sec. 3103. Defense fixed asset acquisition.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activi-
ties.
Sec. 3127. Funds available for all national security programs of the Depart-
ment of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Production of high explosives.
Sec. 3134. Limitation on use of funds by laboratories for laboratory-directed re-
search and development.
Sec. 3135. Prohibition on funding nuclear weapons activities with People’s Re-
public of China.
Sec. 3136. International cooperative stockpile stewardship programs.
Sec. 3137. Temporary authority relating to transfers of defense environmental
management funds.
Sec. 3138. Management structure for nuclear weapons production facilities and
nuclear weapons laboratories.
Subtitle D—Other Matters
Sec. 3141. Report on nuclear weapons stockpile memorandum.
Sec. 3142. Report on plutonium pit production and remanufacturing plans.
Sec. 3143. Amendments relating to baseline environmental management re-
ports.
Sec. 3144. Requirement to develop future use plans for environmental manage-
ment program.
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Sec. 3145. Worker health and safety improvements at Defense Nuclear Com-
plex, Miamisburg, Ohio.
Subtitle E—Defense Nuclear Environmental Cleanup and
Management
Sec. 3151. Purpose.
Sec. 3152. Covered defense nuclear facilities.
Sec. 3153. Site manager.
Sec. 3154. Department of Energy orders.
Sec. 3155. Deployment of technology for remediation of defense nuclear waste.
Sec. 3156. Performance-based contracting.
Sec. 3157. Designation of defense nuclear facilities as national environmental
cleanup demonstration areas.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Subtitle A—Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Subtitle B—Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal year
1997.
TITLE XXXV—PANAMA CANAL COMMISSION
Subtitle A—Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B—Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation expenses.
Sec. 3529. Clarification of definition of agency.
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Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application of Canal
Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention remunera-
tion.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of Commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption.
Sec. 3548. Miscellaneous conforming amendments to title 5, United States
Code.
Sec. 3549. Repeal of Panama Canal Code.
Sec. 3550. Miscellaneous clerical and conforming amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on National Security and the
Committee on Appropriations of the House of Rep-
resentatives.
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DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement for the Army as follows:
(1) For aircraft, $1,556,615,000.
(2) For missiles, $1,027,829,000.
(3) For weapons and tracked combat vehicles,
$1,334,814,000.
(4) For ammunition, $1,160,728,000.
(5) For other procurement, $2,812,240,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1997 for procurement for the Navy
as follows:
(1) For aircraft, $6,668,952,000.
(2) For weapons, including missiles and tor-
pedoes, $1,305,308,000.
(3) 
For 
shipbuilding 
and 
conversion,
$5,479,930,000.
(4) For other procurement, $2,871,495,000.
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(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1997 for procurement for
the Marine Corps in the amount of $546,748,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for procurement
of ammunition for Navy and the Marine Corps in the
amount of $599,239,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $7,271,928,000.
(2) For missiles, $4,341,178,000.
(3) For ammunition, $303,899,000.
(4) For other procurement, $6,117,419,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for Defense-wide procurement in the
amount of $1,890,212,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement of aircraft, vehicles, com-
munications equipment, and other equipment for the re-
serve components of the Armed Forces as follows:
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(1) 
For 
the 
Army 
National 
Guard,
$118,000,000.
(2) For the Air National Guard, $158,000,000.
(3) For the Army Reserve, $106,000,000.
(4) For the Naval Reserve, $192,000,000.
(5) For the Air Force Reserve, $148,000,000.
(6) 
For 
the 
Marine 
Corps 
Reserve,
$83,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement for the Inspector General
of the Department of Defense in the amount of
$2,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) AUTHORIZATION.—There is hereby authorized to
be appropriated for fiscal year 1997 the amount of
$799,847,000 for—
(1) the destruction of lethal chemical agents
and munitions in accordance with section 1412 of
the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
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(b) AMOUNT FOR ALTERNATIVE TECHNOLOGY AND
APPROACHES PROJECT.—Of the amount specified in sub-
section (a), $21,000,000 shall be available for the Alter-
native Technology and Approaches Project.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the Department of Defense for pro-
curement for carrying out health care programs, projects,
and activities of the Department of Defense in the total
amount of $269,470,000.
Subtitle B—Army Programs
SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF
CERTAIN AIRCRAFT.
(a) APACHE HELICOPTERS.—Section 132 of the Na-
tional Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101–189; 103 Stat. 1383) is re-
pealed.
(b) OH–58D ARMED
KIOWA
WARRIOR
HELI-
COPTERS.—Section 133 the National Defense Authoriza-
tion Act for Fiscal Years 1990 and 1991 (Public Law
101–189; 103 Stat. 1383) is repealed.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR
ARMY PROGRAMS.
(a) AVENGER AIR DEFENSE MISSILE SYSTEM.—Not-
withstanding the limitation in subsection (k) of section
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2306b of title 10, United States Code, relating to the max-
imum duration of a multiyear contract under the authority
of that section, the Secretary of the Army may extend the
multiyear contract in effect during fiscal year 1996 for
the Avenger Air Defense Missile system through fiscal
year 1997 and may award such an extension.
(b) ARMY TACTICAL MISSILE SYSTEM.—The Sec-
retary of the Army may, in accordance with section 2306b
of title 10, United States Code, enter into a multiyear pro-
curement contract, beginning with the fiscal year 1997
program year, for procurement of the Army Tactical Mis-
sile System (Army TACMS).
Subtitle C—Navy Programs
SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—
Of the amount authorized by section 102 to be appro-
priated for Shipbuilding and Conversion, Navy, for fiscal
year 1997—
(1) $699,071,000 is available for continued con-
struction of the third vessel (designated SSN–23) in
the Seawolf attack submarine class, which shall be
the final vessel in that class;
(2) $296,186,000 is available for long-lead and
advance construction and procurement of compo-
nents for construction of a submarine (previously
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designated by the Navy as the New Attack Sub-
marine) beginning in fiscal year 1998 to be built by
Electric Boat Division; and
(3) $504,000,000 is available for long-lead and
advance construction and procurement of compo-
nents for construction of a second submarine (pre-
viously designated by the Navy as the New Attack
Submarine) beginning in fiscal year 1999 to be built
by Newport News Shipbuilding.
(b) AMOUNTS AUTHORIZED FROM NAVY RDT&E AC-
COUNT.—(1) Of the amount authorized to be appropriated
by section 201 for Research, Development, Test, and Eval-
uation, Navy, $489,443,000 is available for the design of
the submarine previously designated by the Navy as the
New Attack Submarine. Such funds shall be available for
obligation and expenditure under contracts with Electric
Boat Division and Newport News Shipbuilding to carry
out the provisions of the ‘‘Memorandum of Agreement
Among the Department of the Navy, Electric Boat Cor-
poration (EB) and Newport News Shipbuilding and Dry-
dock Company (NNS) Concerning the New Attack Sub-
marine’’, dated April 5, 1996, relating to design data
transfer, design improvements, integrated process teams,
updated design base, and other research and development
initiatives related to the design of such submarine.
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(2)(A) Of the amount authorized to be appropriated
by section 201(2), $60,000,000 is available to address the
inclusion on future nuclear attack submarines of the spe-
cific advanced technologies that are identified by the Sec-
retary of Defense (in the report of the Secretary entitled
‘‘Report on Nuclear Attack Submarine Procurement and
Submarine Technology’’, submitted to Congress on March
26, 1996) as those technologies the maturation of which
the Submarine Technology Assessment Panel rec-
ommended be addressed in its March 15, 1996, final re-
port to the Assistant Secretary of the Navy for Research,
Development, and Acquisition, as follows: hydrodynamics,
alternative sail designs, advanced arrays, electric drive, ex-
ternal weapons and active controls and mounts.
(B) Of the amount referred to in subparagraph (A),
$20,000,000 shall be equally divided between the two ship-
yards for the purpose of ensuring that the shipyards are
principal participants in the process of addressing the in-
clusion of technologies referred to in subparagraph (A).
The Secretary of the Navy shall ensure that those ship-
yards have access for such purpose (under procedures pre-
scribed by the Secretary) to the Navy laboratories and the
Office of Naval Intelligence and (in accordance with ar-
rangements to be made by the Secretary) to the Defense
Advanced Research Projects Agency.
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to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Rep-
resentatives that procurement of nuclear attack sub-
marines to be constructed after four submarines are pro-
cured as provided for in the plan described in section
131(c) of the National Defense Authorization Act for fis-
cal year 1996 will be under one or more contracts that
are entered into after competition between Electric Boat
Division and Newport News Shipbuilding in which the
Secretary of the Navy solicits competitive proposals and
awards the contract or contracts on the basis of best value
to the Government.
(2) Of the amounts specified in subsection (a), not
more than $50,000,000 may be obligated until the Under
Secretary of Defense for Acquisition and Technology sub-
mits to the congressional committees specified in para-
graph (1) a report in writing detailing the following:
(A) The Under Secretary’s oversight activities
to date, and plans for the future, for the develop-
ment and improvement of the nuclear attack sub-
marine program of the Navy as required by section
131(b)(2)(C) of the National Defense Authorization
Act for Fiscal Year 1996.
(B) The implementation of, and activities con-
ducted under, the program required to be estab-
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lished by the Director of the Defense Advanced Re-
search Projects Agency by section 131(i) of the Na-
tional Defense Authorization Act for Fiscal Year
1996 for the development and demonstration of ad-
vanced submarine technologies and a rapid prototype
acquisition strategy for both land-based and at-sea
subsystem and system demonstrations of such tech-
nologies.
(C) A description of all research, development,
test, and evaluation programs, projects, or activities
within the Department of Defense which are de-
signed to or which could, in the opinion of the
Under Secretary, contribute to the development and
demonstration of advanced submarine technologies
leading to a more capable, more affordable nuclear
attack submarine, specifically identifying ongoing in-
volvement, and plans for future involvement, in any
such program, project or activity by either Electric
Boat Division, Newport News Shipbuilding, or both.
(3) Of the amount specified in subsection (b)(1), not
more than $50,000,000 may be obligated or expended
until the Under Secretary of Defense (Comptroller) cer-
tifies in writing to the congressional committees specified
in paragraph (1) that the Department has complied with
section 132 of the National Defense Authorization Act for
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Fiscal Year 1996 and that the funds specified in para-
graphs (2), (3), and (4) of subsection (b), have been obli-
gated.
(e) ACQUISITION SIMPLIFICATION.—(1) In further-
ance of the direction provided by subsection (d) of section
131 of the National Defense Authorization Act for Fiscal
Year 1996 to the Secretary of Defense regarding the ap-
plication of acquisition reform policies and procedures to
the submarine program under that section, the Secretary
shall direct the Secretary of the Navy to implement for
the submarine programs of the Navy the acquisition re-
form initiatives begun by the Secretary of the Air Force
in May 1995 referred to as the ‘‘Lightning Bolt’’ initia-
tives. The Secretary of the Navy shall, not later than
March 31, 1997, submit to the congressional committees
specified in subsection (d)(1) a report on the results of
the implementation of such initiatives.
(f) DESIGN RESPONSIBILITY.—(1) The Secretary of
the Navy shall carry out the submarine program described
in section 131 of the National Defense Authorization Act
for Fiscal Year 1996 in a manner that ensures that nei-
ther of the two shipyards has the lead responsibility for
submarine design under the program. Each of the two
shipyards involved in the design and construction of the
four submarines described in that section shall be allowed
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to propose to the Secretary any design improvement that
shipyard considers appropriate for the submarines to be
built at that shipyard as part of those four submarines.
Control of the configuration of each of the four sub-
marines shall be separately maintained, and there shall be
no single design to compete for serial production with
those designs derived from the design work under sub-
section (b)(5), such competition to occur not earlier than
fiscal year 2003.
(2) The Secretary of the Navy shall submit an annual
report to the committees specified in subsection (d)(1) on
the design improvements proposed by the two shipyards
under paragraph (1) for incorporation on any of the four
submarines using the funds specified in subsection (b)(4).
Each annual report shall set forth each design improve-
ment proposed and whether that proposal was—
(A) reviewed, approved, and funded by the
Navy;
(B) reviewed and approved, but not funded; or
(C) not approved, in which case the report shall
include the reasons therefor and any views of the
shipyard making the proposal.
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SEC. 122. COST LIMITATIONS FOR SEAWOLF SUBMARINE
PROGRAM.
(a) FIRST TWO SUBMARINES.—The total amount ob-
ligated or expended for procurement of the first two
Seawolf-class submarines (designated as SSN–21 and
SSN–22) may not exceed $4,793,557,000.
(b) THIRD SUBMARINE.—The total amount obligated
or expended for procurement of the third Seawolf-class
submarine (designated as SSN–23) may not exceed
$2,430,102,000.
(c) AUTOMATIC INCREASE IN SSN–21 AND SSN–22
LIMITATION AMOUNT.—The amount of the limitation set
forth in subsection (a) is increased by the following
amounts:
(1) The amounts of outfitting costs and post-
delivery costs incurred for the submarines referred
to in that subsection.
(2) The amounts of increases in costs for those
submarines attributable to economic inflation after
September 30, 1995.
(3) The amounts of increases in costs for those
submarines attributable to compliance with changes
in Federal, State, or local laws enacted after Sep-
tember 30, 1995.
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(d) AUTOMATIC INCREASE IN SSN–23 LIMITATION
AMOUNT.—The amount of the limitation set forth in sub-
section (b) is increased by the following amounts:
(1) The amounts of outfitting costs and post-
delivery costs incurred for the submarine referred to
in that subsection.
(2) The amounts of increases in costs for that
submarine attributable to economic inflation after
September 30, 1995.
(3) The amounts of increases in costs for that
submarine attributable to compliance with changes
in Federal, State, or local laws enacted after Sep-
tember 30, 1995.
(e) REPEAL OF SUPERSEDED PROVISION.—Section
133 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 211) is re-
pealed.
SEC. 123. PULSE DOPPLER RADAR MODIFICATION.
The Secretary of the Navy shall, to the extent specifi-
cally provided in an appropriations Act enacted after the
date of the enactment of this Act, spend $29,000,000 sole-
ly for development and procurement of the Pulse Doppler
Upgrade modification to the AN/SPS–48E radar system,
to be derived by the Secretary from amounts appropriated
for Other Procurement, Navy, for fiscal years before fiscal
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year 1997 that are unobligated and remain available for
obligation.
SEC. 124. REDUCTION IN NUMBER OF VESSELS EXCLUDED
FROM LIMIT ON PURCHASE OF VESSELS
BUILT IN FOREIGN SHIPYARDS.
Section 1023 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2838) is amended by striking out ‘‘three ships’’ and in-
serting in lieu thereof ‘‘one ship’’.
SEC. 125. T–39N TRAINER AIRCRAFT FOR THE NAVY.
(a) PROCUREMENT.—The Secretary of the Navy
shall, using funds appropriated for fiscal year 1996 for
procurement of T–39N trainer aircraft for the Navy that
remain available for obligation for such purpose, enter into
a contract only for the acquisition of not less than 17 T–
39N aircraft for naval flight officer training that are suit-
able for low-level training flights. The Secretary shall use
procurement procedures authorized under section 2304(c)
of title 10, United States Code, for a contract under sub-
section (a). The Secretary shall enter into such a contract
not later than 15 days after the date of the enactment
of this Act.
(b) CONFORMING REPEAL.—Subsection (a) of section
137 of the National Defense Authorization Act for Fiscal
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Year 1996 (Public Law 104–106; 110 Stat. 212) is re-
pealed.
Subtitle D—Air Force Programs
SEC. 141. REPEAL OF LIMITATION ON PROCUREMENT OF F–
15E AIRCRAFT.
Section 134 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–
189; 103 Stat. 1383) is repealed.
SEC. 142. C–17 AIRCRAFT PROCUREMENT.
The Secretary of the Air Force may, in accordance
with section 2306b of title 10, United States Code, enter
into a multiyear contract under the C–17 aircraft program
for the procurement of a total of not more than 80 air-
craft. Such a contract may (notwithstanding subsection
(k) of such section 2306b) be entered into for a period
of six program years, beginning with fiscal year 1997.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the use of the Department of Defense
for research, development, test, and evaluation as follows:
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(1) For the Army, $4,669,979,000.
(2) For the Navy, $8,189,957,000.
(3) For the Air Force, $13,271,087,000.
(4) 
For 
Defense-wide 
activities,
$9,406,377,000, of which—
(A) $252,038,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $21,968,000 is authorized for the Di-
rector of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 1997.—Of the amounts authorized
to be appropriated by section 201, $4,088,043,000 shall
be available for basic research and applied research
projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DE-
FINED.—For purposes of this section, the term ‘‘basic re-
search and applied research’’ means work funded in pro-
gram elements for defense research and development
under Department of Defense category 6.1 or 6.2.
SEC. 203. DUAL-USE TECHNOLOGY PROGRAMS.
(a) DESIGNATION OF OFFICIAL FOR DUAL-USE PRO-
GRAMS.—The Secretary of Defense shall designate a sen-
ior official in the Office of the Secretary of Defense whose
sole responsibility is developing policy relating to, and en-
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suring effective implementation of, dual-use programs and
the integration of commercial technologies into current
and future military systems for the period beginning on
October 1, 1996, and ending on September 30, 2000.
Such official shall report directly to the Under Secretary
of Defense for Acquisition and Technology.
(b) FUNDING REQUIREMENT.—Of the amounts ap-
propriated for the Department of Defense for science and
technology programs for each of fiscal years 1997 through
2000, at least the following percentages of such amounts
shall be available in the applicable fiscal year only for
dual-use programs of the Department of Defense:
(1) For fiscal year 1997, five percent.
(2) For fiscal year 1998, seven percent.
(3) For fiscal year 1999, 10 percent.
(4) For fiscal year 2000, 15 percent.
(c) LIMITATION ON OBLIGATIONS.—(1) Except as
provided in paragraph (2), funds made available pursuant
to subsection (b) may not be obligated until the senior offi-
cial designated under subsection (a) approves the obliga-
tion.
(2) Paragraph (1) does not apply with respect to
funds made available pursuant to subsection (b) to the De-
partment of the Air Force or to the Defense Advanced
Research Projects Agency.
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(3) Funds made available pursuant to subsection (b)
may be used for a dual-use program only if the contract,
cooperative agreement, or other transaction by which the
program is carried out is entered into through the use of
competitive procedures.
(d) TRANSFER AUTHORITY.—The Secretary of De-
fense may transfer funds made available pursuant to sub-
section (b) for a dual-use program from a military depart-
ment or defense agency to another military department
or defense agency to ensure efficient implementation of
the program. The Secretary may delegate the authority
provided in the preceding sentence to the senior official
designated under subsection (a).
(e) FEDERAL COST SHARE.—(1) The share contrib-
uted by the Secretary of a military department for the
cost of a dual-use program during the fiscal years 1997,
1998, 1999, and 2000 may not be greater than 50 per-
cent.
(2) In calculating the share of the costs of a dual-
use program contributed by a military department or a
non-Government entity, the Secretaries of the military de-
partments may not consider in-kind contributions.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘dual-use program’’ means a pro-
gram of a military department—
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(A) under which research or development
of a dual-use technology (as defined in section
2491 of title 10, United States Code) is carried
out; and
(B) the costs of which are shared between
the Department of Defense and non-Govern-
ment entities.
(2) The term ‘‘science and technology program’’
means a program of a military department under
which basic research, applied research, or advanced
technology development is carried out.
(g) REPEAL.—Section 2371(e) of title 10, United
States Code, is amended—
(1) by inserting ‘‘and’’ after the semicolon at
the end of paragraph (1);
(2) by striking out ‘‘; and’’ at the end of para-
graph (2) and inserting in lieu thereof a period; and
(3) by striking out paragraph (3).
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) ALLOCATION OF FUNDS.—Of the amount appro-
priated pursuant to the authorization in section 201(3),
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$50,000,000 shall be available for a competitive reusable
launch vehicle technology program (PE 63401F).
(b) LIMITATION.—Funds made available pursuant to
subsection (a)(1) may be obligated only to the extent that
the fiscal year 1997 current operating plan of the National
Aeronautics and Space Administration allocates at least
an equal amount for its Reusable Space Launch Vehicle
program.
SEC. 212. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR-
CRAFT.
(a) AUTHORITY FOR RETROACTIVE WAIVER.—The
Secretary of Defense may exercise the waiver authority in
section 2366(c) of title 10, United States Code, with re-
spect to the application of survivability testing to the V–
22 aircraft system, notwithstanding that such system has
entered engineering and manufacturing development.
(b) REPORT TO CONGRESS.—In exercising the waiver
authority in section 2366(c), the Secretary shall submit
to Congress a report explaining how the Secretary plans
to evaluate the survivability of the V–22 aircraft system
and assessing possible alternatives to realistic survivability
testing of the system.
(c) ALTERNATIVE
SURVIVABILITY
TESTING
RE-
QUIREMENTS.—If the Secretary of Defense submits a cer-
tification under section 2366(c)(2) of such title that live-
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fire testing of the V–22 aircraft system under such section
would be unreasonably expensive and impractical, the Sec-
retary shall require that sufficiently large and realistic
components and subsystems that could affect the surviv-
ability of the V–22 aircraft system be made available for
any alternative live-fire testing of such system.
(d) FUNDING.—The funds required to carry out any
alternative live-fire testing of the V–22 aircraft system
shall be made available from amounts appropriated for the
V–22 program.
SEC. 213. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR-
CRAFT.
(a) AUTHORITY FOR RETROACTIVE WAIVER.—The
Secretary of Defense may exercise the waiver authority in
section 2366(c) of title 10, United States Code, with re-
spect to the application of survivability testing to the F–
22 aircraft system, notwithstanding that such system has
entered engineering and manufacturing development.
(b) ALTERNATIVE
SURVIVABILITY
TESTING
RE-
QUIREMENTS.—If the Secretary of Defense submits a cer-
tification under section 2366(c)(2) of such title that live-
fire testing of the F–22 aircraft system under such section
would be unreasonably expensive and impractical, the Sec-
retary of Defense shall require that sufficiently large and
realistic components and subsystems that could affect the
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survivability of the F–22 aircraft system be made available
for any alternative live-fire testing of such system.
(c) FUNDING.—The funds required to carry out any
alternative live-fire testing of the F–22 aircraft system
shall be made available from amounts appropriated for the
F–22 program.
SEC. 214. DEMILITARIZATION OF CONVENTIONAL MUNI-
TIONS, ROCKETS, AND EXPLOSIVES.
(a) ESTABLISHMENT
OF
CONVENTIONAL
MUNI-
TIONS, ROCKETS, AND EXPLOSIVES DEMILITARIZATION
PROGRAM.—The Secretary of Defense shall establish an
integrated program for the development and demonstra-
tion of technologies for the demilitarization and disposal
of conventional munitions, rockets, and explosives in a
manner that complies with applicable environmental laws.
(b) DURATION OF PROGRAM.—The program estab-
lished pursuant to subsection (a) shall be in effect for a
period of at least five years, beginning with fiscal year
1997.
(c) FUNDING.—Of the amount authorized to be ap-
propriated in section 201, $15,000,000 is authorized to
be appropriated for the program established pursuant to
subsection (a). The funding request for the program shall
be set forth separately in the budget justification docu-
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ments for the budget of the Department of Defense for
each fiscal year during which the program is in effect.
(d) REPORTS.—The Secretary of Defense shall sub-
mit to Congress a report on the plan for the program es-
tablished pursuant to subsection (a) at the same time the
President submits to Congress the budget for fiscal year
1998. The Secretary shall submit an updated version of
such report, setting forth in detail the progress of the pro-
gram, at the same time the President submits the budget
for each fiscal year after fiscal year 1998 during which
the program is in effect.
SEC. 215. RESEARCH ACTIVITIES OF THE DEFENSE AD-
VANCED RESEARCH PROJECTS AGENCY RE-
LATING 
TO 
CHEMICAL 
AND 
BIOLOGICAL
WARFARE DEFENSE TECHNOLOGY.
(a) AUTHORITY.—Section 1701(c) of the National
Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 107 Stat. 1853; 50 U.S.C. 1522) is amend-
ed—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Director of the Defense Advanced Research
Projects Agency may conduct a program of basic and ap-
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plied research and advanced technology development on
chemical and biological warfare defense technologies and
systems. In conducting such program, the Director shall
seek to avoid unnecessary duplication of the activities
under the program with chemical and biological warfare
defense activities of the military departments and defense
agencies and shall coordinate the activities under the pro-
gram with those of the military departments and defense
agencies.’’.
(b) FUNDING.—Section 1701(d) of such Act is
amended—
(1) in paragraph (1), by striking out ‘‘military
departments’’ and inserting in lieu thereof ‘‘Depart-
ment of Defense’’;
(2) in paragraph (2), by inserting after ‘‘re-
quests for the program’’ in the first sentence the fol-
lowing: ‘‘(other than for activities under the program
conducted by the Defense Advanced Research
Projects Agency under subsection (c)(2))’’;
(3) by redesignating paragraph (3) as para-
graph (4); and
(4) by inserting after paragraph (2) the follow-
ing new paragraph (3):
‘‘(3) The program conducted by the Defense Ad-
vanced Research Projects Agency under subsection (c)(2)
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shall be set forth as a separate program element in the
budget of that agency.’’.
SEC. 216. LIMITATION ON FUNDING FOR F–16 TACTICAL
MANNED RECONNAISSANCE AIRCRAFT.
(a) LIMITATION.—Effective on the date of the enact-
ment of this Act, not more than $50,000,000 (in fiscal
year 1997 constant dollars) may be obligated or expended
for—
(1) research, development, test, and evaluation
for, and acquisition and modification of, the F–16
tactical manned reconnaissance aircraft program;
and
(2) costs associated with the termination of
such program.
(b) EXCEPTION.—The limitation in subsection (a)
shall not apply to obligations required for improvements
planned before the date of the enactment of this Act to
incorporate the common data link into the F–16 tactical
manned reconnaissance aircraft.
SEC. 217. UNMANNED AERIAL VEHICLES.
(a) PROHIBITION.—(1) The Secretary of Defense
may not enter into a contract for the Joint Tactical Un-
manned Aerial Vehicle project, and no funds authorized
to be appropriated by this Act may be obligated for such
project, until a period of 30 days has expired after the
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date on which the Secretary of Defense submits to Con-
gress a certification that the reconnaissance programs of
the Department of Defense—
(A) are justified on the basis of the projected
national security threat;
(B) have been subjected to a roles and missions
determination;
(C) are supported by an overall national, joint,
and tactical reconnaissance plan;
(D) are affordable within the budget of the De-
partment of Defense as projected by the future-years
defense program; and
(E) are fully programmed for in the future-
years defense program.
(2) In this subsection, the term ‘reconnaissance pro-
grams of the Department of Defense’ means programs for
tactical unmanned aerial vehicles, endurance unmanned
aerial vehicles, airborne reconnaissance, manned recon-
naissance, and distributed common ground systems that—
(A) are described in the budget justification
documents of the Defense Airborne Reconnaissance
Office;
(B) are included in the funding request for the
Department of Defense; or
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(C) are certified as acquisition reconnaissance
requirements by the Joint Requirements Oversight
Council for the future-years defense program.
(b) PROCUREMENT FUNDING REQUEST.—The fund-
ing request for procurement for unmanned aerial vehicles
for any fiscal year shall be set forth under the funding
requests for the military departments in the budget of the
Department of Defense.
(c) TRANSFER OF PROGRAM MANAGEMENT.—Pro-
gram management for the Predator Unmanned Aerial Ve-
hicle, and programmed funding for such vehicle for fiscal
years 1998, 1999, 2000, 2001, and 2002 (as set forth in
the future-years defense program), shall be transferred to
the Department of the Air Force, effective October 1,
1996, or the date of the enactment of this Act, whichever
is later.
(d) PROHIBITION ON PROVIDING OPERATING CAPA-
BILITY FROM NAVAL VESSELS.—No funds authorized to
be appropriated by this Act may be obligated for purposes
of providing the capability of the Predator Unmanned Aer-
ial Vehicle to operate from naval vessels.
(e) FUNDING.—Of the amounts authorized to be ap-
propriated by section 201 for program element 35154D,
$10,000,000 shall be available only for an advanced con-
cepts technology demonstration of air-to-surface precision
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guided munitions employment using a Predator, Hunter,
or Pioneer unmanned aerial vehicle and a nondevelopmen-
tal laser target designator.
SEC. 218. HYDRA–70 ROCKET PRODUCT IMPROVEMENT
PROGRAM.
(a) FUNDING AUTHORIZATION.—Of the amount au-
thorized to be appropriated under section 201(1) for the
Army for Other Missile Product Improvement Programs,
$15,000,000 is authorized as specified in subsection (b)
for completion of the Hydra–70 product improvement pro-
gram authorized for fiscal year 1996.
(b) AUTHORIZED ACTIONS.—Funding is authorized
to be appropriated for the following:
(1) Procurement for test and flight qualification
of at least one nondevelopmental item 2.75-inch
composite rocket motor type, along with other non-
developmental item candidate motors that use com-
posite propellent as the propulsion component and
that have passed initial insensitive munition criteria
tests.
(2) Platform integration, including additional
quantities of the motor chosen for operational cer-
tification on the Apache attack helicopter.
(c) DEFINITION.—In this section, the term ‘‘non-
developmental item’’ has the meaning provided in section
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4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403) and also includes an item the flight capability
of which has been demonstrated from a current Hydra–
70 rocket launcher.
SEC. 219. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) FUNDING.—Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are au-
thorized to be made available for the Space-Based Infra-
red System program for purposes and in amounts as fol-
lows:
(1) For Space Segment High, $180,390,000.
(2) For Space Segment Low (the Space and
Missile Tracking System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) LIMITATION.—None of the funds authorized
under subsection (a) to be made available for the Space-
Based Infrared System program may be obligated or ex-
pended until the Secretary of Defense certifies to Congress
that the requirements of section 216(a) of Public Law
104–106 (110 Stat. 220) have been carried out.
(c) PROGRAM MANAGEMENT.—Before the submission
of the President’s budget for fiscal year 1998, the Sec-
retary of Defense shall conduct a review of the appropriate
management responsibilities for the Space and Missile
Tracking System, including whether transferring such
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management responsibility from the Air Force to the Bal-
listic Missile Defense Organization would result in im-
proved program efficiencies and support.
SEC. 220. JOINT ADVANCED STRIKE TECHNOLOGY (JAST)
PROGRAM.
(a) ALLOCATION OF FUNDS.—Of the amounts au-
thorized to be appropriated pursuant to the authorizations
in section 201, $589,069,000 shall be available only for
advanced technology development for the Joint Advanced
Strike Technology (JAST) program. Of that amount—
(1) $246,833,000 shall be available only for
program element 63800N in the budget of the De-
partment of Defense for fiscal year 1997;
(2) $263,836,000 shall be available only for
program element 63800F in the budget of the De-
partment of Defense for fiscal year 1997; and
(3) $78,400,000 shall be available only for pro-
gram element 63800E in the budget of the Depart-
ment of Defense for fiscal year 1997.
(b) LIMITATION.—None of the funds authorized to
be appropriated pursuant to the authorizations in section
201 may be used for Advanced Short Takeoff and Vertical
Landing aircraft development.
(c) FORCE STRUCTURE ANALYSIS.—Of the amount
made available under subsection (a), up to $10,000,000
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shall be available for the conduct of an analysis by the
Institutes of Defense Analysis of the following:
(1) The weapons systems force structure re-
quirements to meet the projected threat for the pe-
riod beginning on January 1, 2000, and ending on
December 31, 2025.
(2) Alternative force structures, including, at a
minimum, JAST derivative aircraft; remanufactured
AV–8 aircraft; F–18C/D, F–18E/F, AH–64, AH–
1W, F–14, F–16, F–15, F–117, and F–22 aircraft;
and air-to-surface and surface-to-surface weapons
systems.
(3) Affordability, effectiveness, commonality,
and roles and missions alternatives related to the al-
ternative force structures analyzed under paragraph
(2).
(d) COST REVIEW.—The cost analysis and improve-
ment group of the Office of the Secretary of Defense shall
review cost estimates made under the analysis conducted
under subsection (c) and shall provide a sensitivity analy-
sis for the alternatives evaluated under paragraphs (2)
and (3) of subsection (c).
(e) DEADLINE.—The Secretary of Defense shall sub-
mit to the congressional defense committees a copy of the
analysis conducted under subsection (c) and the review
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conducted under subsection (d) not later than February
1, 1997.
SEC. 221. JOINT UNITED STATES-ISRAELI NAUTILUS LASER/
THEATER HIGH ENERGY LASER PROGRAM.
The Congress strongly supports the Joint United
States-Israeli Nautilus Laser/Theater High Energy Laser
programs and encourages the Secretary of Defense to re-
quest authorization to develop these programs as agreed
to on April 28, 1996, in the statement of intent signed
by the Secretary of Defense and the Prime Minister of
the State of Israel.
SEC. 222. NONLETHAL WEAPONS RESEARCH AND DEVELOP-
MENT PROGRAM.
Of the amounts authorized to be appropriated by sec-
tion 201 for program element 63640M, $3,000,000 shall
be available for the Nonlethal Weapons Research and De-
velopment Program.
SEC. 223. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL
RECONNAISSANCE SYSTEM.
Any funds authorized to be appropriated under this
title to develop concepts for an improved Tier III Minus
(High Altitude Endurance Unmanned Aerial Reconnais-
sance System) that would increase the unit flyaway cost
above the established contracted for amount must be
awarded through competitive acquisition procedures.
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time of the certification) to intercept and destroy a single
ballistic missile launched at the territory of the United
States.
SEC. 233. POLICY ON COMPLIANCE WITH THE ABM TREATY.
(a) POLICY CONCERNING SYSTEMS SUBJECT
TO
ABM TREATY.—Congress finds that, unless and until a
missile defense system, system upgrade, or system compo-
nent is flight tested in an ABM-qualifying flight test (as
defined in subsection (c)), such system, system upgrade,
or system component—
(1) has not, for purposes of the ABM Treaty,
been tested in an ABM mode nor been given capa-
bilities to counter strategic ballistic missiles; and
(2) therefore is not subject to any application,
limitation, or obligation under the ABM Treaty.
(b) PROHIBITIONS.—(1) Funds appropriated to the
Department of Defense may not be obligated or expended
for the purpose of—
(A) prescribing, enforcing, or implementing any
Executive order, regulation, or policy that would
apply the ABM Treaty (or any limitation or obliga-
tion under such Treaty) to research, development,
testing, or deployment of a theater missile defense
system, a theater missile defense system upgrade, or
a theater missile defense system component; or
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(B) taking any other action to provide for the
ABM Treaty (or any limitation or obligation under
such Treaty) to be applied to research, development,
testing, or deployment of a theater missile defense
system, a theater missile defense system upgrade, or
a theater missile defense system component.
(2) This subsection applies with respect to each mis-
sile defense system, missile defense system upgrade, or
missile defense system component that is capable of coun-
tering modern theater ballistic missiles.
(3) This subsection shall cease to apply with respect
to a missile defense system, missile defense system up-
grade, or missile defense system component when that sys-
tem, system upgrade, or system component has been flight
tested in an ABM-qualifying flight test.
(c) ABM-QUALIFYING FLIGHT TEST DEFINED.—
For purposes of this section, an ABM-qualifying flight test
is a flight test against a ballistic missile which, in that
flight test, exceeds (1) a range of 3,500 kilometers, or (2)
a velocity of 5 kilometers per second.
SEC. 234. REQUIREMENT THAT MULTILATERALIZATION OF
THE ABM TREATY BE DONE ONLY THROUGH
TREATY-MAKING POWER.
Any addition of a new signatory party to the ABM
Treaty (in addition to the United States and the Russian
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Federation) constitutes an amendment to the treaty that
can only be agreed to by the United States through the
treaty-making power of the United States. No funds ap-
propriated or otherwise available for any fiscal year may
be obligated or expended for the purpose of implementing
or making binding upon the United States the participa-
tion of any additional nation as a party to the ABM Trea-
ty unless that nation is made a party to the treaty by an
amendment to the Treaty that is made in the same man-
ner as the manner by which a treaty is made.
SEC. 235. REPORT ON BALLISTIC MISSILE DEFENSE AND
PROLIFERATION.
The Secretary of Defense shall submit to Congress
a report on ballistic missile defense and the proliferation
of weapons of mass destruction, including nuclear, chemi-
cal, and biological weapons, and the missiles that can be
used to deliver them. The report shall be submitted not
later than December 31, 1996, and shall include the fol-
lowing:
(1) An assessment of how United States theater
missile defenses contribute to United States efforts
to prevent proliferation, including an evaluation of
the specific effect United States theater missile de-
fense systems can have on dissuading other states
from acquiring ballistic missiles.
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(2) An assessment of how United States na-
tional missile defenses contribute to United States
efforts to prevent proliferation.
(3) An assessment of the effect of the lack of
national missile defenses on the desire of other
states to acquire ballistic missiles and an evaluation
of the types of missiles other states might seek to
acquire as a result.
(4) A detailed review of the linkages between
missile defenses (both theater and national) and
each of the categories of counterproliferation activi-
ties identified by the Secretary of Defense as part of
the Defense Counterproliferation Initiative an-
nounced by the Secretary in December 1993.
(5) A description of how theater and national
ballistic missile defenses can augment the effective-
ness of other counterproliferation tools.
SEC. 236. REVISION TO ANNUAL REPORT ON BALLISTIC
MISSILE DEFENSE PROGRAM.
Section 224(b) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431
note) is amended—
(1) by striking out paragraphs (3), (4), and
(10);
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(2) by redesignating paragraphs (5) and (6) as
paragraphs (3) and (4), respectively;
(3) by redesignating paragraph (7) as para-
graph (5) and in that paragraph by striking out ‘‘of
the Soviet Union’’ and ‘‘for the Soviet Union’’;
(4) by redesignating paragraph (8) as para-
graph (6); and
(5) by redesignating paragraph (9) as para-
graph (7) and in that paragraph—
(A) by striking out ‘‘of the Soviet Union’’
in subparagraph (A);
(B) by striking out subparagraphs (C)
through (F); and
(C) by redesignating subparagraph (G) as
subparagraph (C).
SEC. 237. ABM TREATY DEFINED.
For purposes of this subtitle, the term ‘‘ABM Trea-
ty’’ means the Treaty Between the United States of Amer-
ica and the Union of Soviet Socialist Republics on the
Limitation of Anti-Ballistic Missile Systems, and signed
at Moscow on May 26, 1972, and includes the Protocols
to that Treaty, signed at Moscow on July 3, 1974.
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SEC. 238. CAPABILITY OF NATIONAL MISSILE DEFENSE SYS-
TEM.
The Secretary of Defense shall ensure that any Na-
tional Missile Defense system deployed by the United
States is capable of defeating the threat posed by the
Taepo Dong II missile of North Korea.
Subtitle D—Other Matters
SEC. 241. UNIFORM PROCEDURES AND CRITERIA FOR
MAINTENANCE AND REPAIR AT AIR FORCE
INSTALLATIONS.
The Secretary of the Air Force shall apply uniform
procedures and criteria to allocate funds authorized to be
appropriated pursuant to this title and title III of this Act
for maintenance and repair of real property at military
installations of the Department of the Air Force.
SEC. 242. REQUIREMENTS RELATING TO SMALL BUSINESS
INNOVATION RESEARCH PROGRAM.
(a) MANAGEMENT
AND EXECUTION
BY PROGRAM
MANAGER.—The Secretary of Defense, in conducting
within the Department of Defense the Small Business In-
novation Research Program (as defined by section
2491(13) of title 10, United States Code), shall ensure
that the Program is managed and executed, for each pro-
gram element for research and development for which
$20,000,000 or more is authorized for a fiscal year, by
the program manager for that element.
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(b) REPORT.—Not later than March 30, 1997, the
Comptroller General shall submit to Congress and to the
Secretary of Defense a report setting forth an assessment
of whether there has been a demonstrable reduction in the
quality of research performed under funding agreements
awarded by the Department of Defense under the Small
Business Innovation Research Program since fiscal year
1995.
SEC. 243. EXTENSION OF DEADLINE FOR DELIVERY OF EN-
HANCED 
FIBER 
OPTIC 
GUIDED 
MISSILE
(EFOG–M) SYSTEM.
Section 272(a)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 239) is amended by striking out ‘‘September 30,
1998,’’ and inserting in lieu thereof ‘‘September 30,
1999,’’.
SEC. 244. AMENDMENT TO UNIVERSITY RESEARCH INITIA-
TIVE SUPPORT PROGRAM.
Section 802(c) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.
1701; 10 U.S.C. 2358 note) is amended by striking out
‘‘fiscal years before the fiscal year in which the institution
submits a proposal’’ and inserting in lieu thereof ‘‘most
recent fiscal years for which complete statistics are avail-
able when proposals are requested’’.
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SEC. 245. AMENDMENTS TO DEFENSE EXPERIMENTAL PRO-
GRAM 
TO 
STIMULATE 
COMPETITIVE 
RE-
SEARCH.
Section 257(d) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2705; 10 U.S.C. 2358 note) is amended—
(1) in paragraph (1)—
(A) by striking out ‘‘Director of the Na-
tional Science Foundation’’ and inserting in lieu
thereof ‘‘Under Secretary of Defense for Acqui-
sition and Technology’’; and
(B) by striking out ‘‘and shall notify the
Director of Defense Research and Engineering
of the States so designated’’; and
(2) in paragraph (2)—
(A) by striking out ‘‘Director of the Na-
tional Science Foundation’’ and inserting in lieu
thereof ‘‘Under Secretary of Defense for Acqui-
sition and Technology’’;
(B) by striking out ‘‘as determined by the
Director’’ and inserting in lieu thereof ‘‘as de-
termined by the Under Secretary’’;
(C) in subparagraph (A), by striking out
‘‘(to be determined in consultation with the Sec-
retary of Defense);’’ and inserting in lieu there-
of ‘‘; and’’;
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(D) by striking out ‘‘; and’’ at the end of
subparagraph (B) and inserting in lieu thereof
a period; and
(E) by striking out subparagraph (C).
SEC. 246. ELIMINATION OF REPORT ON THE USE OF COM-
PETITIVE PROCEDURES FOR THE AWARD OF
CERTAIN CONTRACTS TO COLLEGES AND
UNIVERSITIES.
Section 2361 of title 10, United States Code, is
amended by striking out subsection (c).
SEC. 247. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO-
GRAM.
(a) FINDINGS.—Congress finds the following:
(1) The oceans and coastal areas of the United
States are among the Nation’s most valuable natural
resources, making substantial contributions to eco-
nomic growth, quality of life, and national security.
(2) Oceans drive global and regional climate.
Hence, they contain information affecting agri-
culture, fishing, and the prediction of severe weath-
er.
(3) Understanding of the oceans through basic
and applied research is essential for using the
oceans wisely and protecting their limited resources.
Therefore, the United States should maintain its
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world leadership in oceanography as one key to its
competitive future.
(4) Ocean research and education activities take
place within Federal agencies, academic institutions,
and industry. These entities often have similar re-
quirements for research facilities, data, and other re-
sources (such as oceanographic research vessels).
(5) The need exists for a formal mechanism to
coordinate existing partnerships and establish new
partnerships for the sharing of resources, intellectual
talent, and facilities in the ocean sciences and edu-
cation, so that optimal use can be made of this most
important natural resource for the well-being of all
Americans.
(b) PROGRAM REQUIRED.—(1) Subtitle C of title 10,
United States Code, is amended by adding after chapter
663 the following new chapter:
‘‘CHAPTER 
665—NATIONAL 
OCEANO-
GRAPHIC PARTNERSHIP PROGRAM
‘‘Sec.
‘‘7901. National Oceanographic Partnership Program.
‘‘7902. National Ocean Research Leadership Council.
‘‘7903. Ocean Research Partnership Coordinating Group.
‘‘7904. Ocean Research Advisory Panel.
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‘‘§ 7901. National Oceanographic Partnership Pro-
gram
‘‘(a) ESTABLISHMENT.—The Secretary of the Navy
shall establish a program to be known as the ‘National
Oceanographic Partnership Program’.
‘‘(b) PURPOSES.—The purposes of the program are
as follows:
‘‘(1) To promote the national goals of assuring
national security, advancing economic development,
protecting quality of life, and strengthening science
education and communication through improved
knowledge of the ocean.
‘‘(2) To coordinate and strengthen oceano-
graphic efforts in support of those goals by—
‘‘(A) identifying and carrying out partner-
ships among Federal agencies, academia, indus-
try, and other members of the oceanographic
scientific community in the areas of data, re-
sources, education, and communication; and
‘‘(B) reporting annually to Congress on the
program.
‘‘§ 7902. National Ocean Research Leadership Council
‘‘(a) COUNCIL.—There is a National Ocean Research
Leadership Council (hereinafter in this chapter referred
to as the ‘Council’).
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‘‘(b) MEMBERSHIP.—The Council is composed of the
following members:
‘‘(1) The Secretary of the Navy, who shall be
the Chairman of the Council.
‘‘(2) The Administrator of the National Oceanic
and Atmospheric Administration, who shall be the
Vice Chairman of the Council.
‘‘(3) The Director of the National Science
Foundation.
‘‘(4) The Administrator of the National Aero-
nautics and Space Administration.
‘‘(5) The Deputy Secretary of Energy.
‘‘(6) The Administrator of the Environmental
Protection Agency.
‘‘(7) The Commandant of the Coast Guard.
‘‘(8) The Director of the Geological Survey of
the Department of the Interior.
‘‘(9) The Director of the Defense Advanced Re-
search Projects Agency.
‘‘(10) The Director of the Minerals Manage-
ment Service of the Department of the Interior.
‘‘(11) The President of the National Academy
of Sciences, the President of the National Academy
of Engineering, and the President of the Institute of
Medicine.
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‘‘(12) The Director of the Office of Science and
Technology.
‘‘(13) The Director of the Office of Manage-
ment and Budget.
‘‘(14) One member appointed by the Chairman
from among individuals who will represent the views
of ocean industries.
‘‘(15) One member appointed by the Chairman
from among individuals who will represent the views
of State governments.
‘‘(16) One member appointed by the Chairman
from among individuals who will represent the views
of academia.
‘‘(17) One member appointed by the Chairman
from among individuals who will represent such
other views as the Chairman considers appropriate.
‘‘(c) TERM OF OFFICE.—The term of office of a
member of the Council appointed under paragraph (14),
(15), (16), or (17) of subsection (b) shall be two years,
except that any person appointed to fill a vacancy occur-
ring before the expiration of the term for which his prede-
cessor was appointed shall be appointed for the remainder
of such term.
‘‘(d) RESPONSIBILITIES.—The Council shall have the
following responsibilities:
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‘‘(1) To establish the Ocean Research Partner-
ship Coordinating Group as provided in section
7903.
‘‘(2) To establish the Ocean Research Advisory
Panel as provided in section 7904.
‘‘(3) To submit to Congress an annual report
pursuant to subsection (e).
‘‘(e) ANNUAL REPORT.—Not later than March 1 of
each year, the Council shall submit to Congress a report
on the National Oceanographic Partnership Program. The
report shall contain the following:
‘‘(1) A description of activities of the program
carried out during the fiscal year before the fiscal
year in which the report is prepared. The description
also shall include a list of the members of the Ocean
Research Partnership Coordinating Group, the
Ocean Research Advisory Panel, and any working
groups in existence during the fiscal year covered.
‘‘(2) A general outline of the activities planned
for the program during the fiscal year in which the
report is prepared.
‘‘(3) A summary of projects continued from the
fiscal year before the fiscal year in which the report
is prepared and projects expected to be started dur-
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ing the fiscal year in which the report is prepared
and during the following fiscal year.
‘‘(4) A description of the involvement of the
program with Federal interagency coordinating enti-
ties.
‘‘(5) The amounts requested, in the budget sub-
mitted to Congress pursuant to section 1105(a) of
title 31 for the fiscal year following the fiscal year
in which the report is prepared, for the programs,
projects, and activities of the program and the esti-
mated expenditures under such programs, projects,
and activities during such following fiscal year.
‘‘§ 7903. Ocean Research Partnership Coordinating
Group
‘‘(a) ESTABLISHMENT.—The Council shall establish
an entity to be known as the ‘Ocean Research Partnership
Coordinating Group’ (hereinafter in this chapter referred
to as the ‘Coordinating Group’).
‘‘(b) MEMBERSHIP.—The Coordinating Group shall
consist of members appointed by the Council, with one
member appointed from each Federal department or agen-
cy having an oceanographic research or development pro-
gram.
‘‘(c) CHAIRMAN.—The Council shall appoint the
Chairman of the Coordinating Group.
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‘‘(d) RESPONSIBILITIES.—Subject to the authority,
direction, and control of the Council, the Coordinating
Group shall have the following responsibilities:
‘‘(1) To prescribe policies and procedures to im-
plement the National Oceanographic Partnership
Program.
‘‘(2) To review, select, and identify and allocate
funds for partnership projects for implementation
under the program, based on the following criteria:
‘‘(A) Whether the project addresses critical
research objectives or operational goals, such as
data accessibility and quality assurance, sharing
of resources, education, or communication.
‘‘(B) Whether the project has broad par-
ticipation within the oceanographic community.
‘‘(C) Whether the partners have a long-
term commitment to the objectives of the
project.
‘‘(D) Whether the resources supporting the
project are shared among the partners.
‘‘(E) Whether the project has been sub-
jected to adequate peer review.
‘‘(3) To promote participation in partnership
projects by each Federal department and agency in-
volved with oceanographic research and development
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graphic Partnership Program, for the purpose of imple-
menting the program and carrying out the Coordinating
Group’s responsibilities.
‘‘(g) FORMS OF PARTNERSHIP PROJECTS.—Partner-
ship projects selected by the Coordinating Group may be
in any form that the Coordinating Group considers appro-
priate, including memoranda of understanding, dem-
onstration projects, cooperative research and development
agreements, and similar instruments.
‘‘(h) ANNUAL REPORT.—Not later than February 1
of each year, the Coordinating Group shall submit to the
Council a report on the National Oceanographic Partner-
ship Program. The report shall contain, at a minimum,
copies of any recommendations or reports to the Coordi-
nating Group by the Ocean Research Advisory Panel.
‘‘§ 7904. Ocean Research Advisory Panel
‘‘(a) ESTABLISHMENT.—The Council shall appoint
an Ocean Research Advisory Panel (hereinafter in this
chapter referred to as the ‘Advisory Panel’) consisting of
not less than 10 and not more than 18 members.
‘‘(b) MEMBERSHIP.—Members of the Advisory Panel
shall be appointed from among persons who are eminent
in the fields of marine science or marine policy, or related
fields, and who are representative, at a minimum, of the
interests of government, academia, and industry.
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‘‘(c) 
RESPONSIBILITIES.—(1) 
The 
Coordinating
Group shall refer to the Advisory Panel, and the Advisory
Panel shall review, each proposed partnership project esti-
mated to cost more than $500,000. The Advisory Panel
shall make any recommendations to the Coordinating
Group that the Advisory Panel considers appropriate re-
garding such projects.
‘‘(2) The Advisory Panel shall make any rec-
ommendations to the Coordinating Group regarding activi-
ties that should be addressed by the National Oceano-
graphic Partnership Program that the Advisory Panel
considers appropriate.’’.
(2) The tables of chapters at the beginning of subtitle
C of title 10, United States Code, and at the beginning
of part IV of such subtitle, are each amended by inserting
after the item relating to chapter 663 the following:
‘‘665. National Oceanographic Partnership Program ......... 7901’’.
(c) INITIAL APPOINTMENTS
OF
COUNCIL
MEM-
BERS.—The Secretary of the Navy shall make the ap-
pointments required by section 7902(b) of title 10, United
States Code, as added by subsection (b)(1), not later than
December 1, 1996.
(d) INITIAL APPOINTMENTS OF ADVISORY PANEL
MEMBERS.—The National Ocean Research Leadership
Council established by section 7902 of title 10, United
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States Code, as added by subsection (b)(1), shall make
the appointments required by section 7904 of such title
not later than January 1, 1997.
(e) FIRST ANNUAL REPORT OF NATIONAL OCEAN
RESEARCH LEADERSHIP COUNCIL.—The first annual re-
port required by section 7902(e) of title 10, United States
Code, as added by subsection (b)(1), shall be submitted
to Congress not later than March 1, 1997. The first report
shall include, in addition to the information required by
such section, information about the terms of office, proce-
dures, and responsibilities of the Ocean Research Advisory
Panel established by the Council.
(f) AUTHORIZATION.—Of the amount authorized to
be appropriated to the Department of Defense in section
201, $30,000,000 is authorized for the National Oceano-
graphic Partnership Program established pursuant to sec-
tion 7901 of title 10, United States Code, as added by
subsection (b)(1).
(g) REQUIRED FUNDING FOR PROGRAM OFFICE.—
Of the amount appropriated for the National Oceano-
graphic Partnership Program for fiscal year 1997, at least
$500,000, or 3 percent of the amount appropriated,
whichever is greater, shall be available for operations of
the partnership program office established pursuant to
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section 7903(e) of title 10, United States Code, for such
fiscal year.
SEC. 248. FUNDING INCREASE FOR FIELD EMISSION FLAT
PANEL TECHNOLOGY.
(a) INCREASE.—The amount authorized in section
201(1) for the Combat Vehicle Improvement Program for
M1 Tank Upgrade (program element 23735A DD30) is
hereby increased by $10,000,000 to assist in funding the
development of field emission flat panel technology.
(b) OFFSET.—The amount authorized in section 101
is hereby decreased by $10,000,000.
SEC. 249. NATURAL RESOURCES ASSESSMENT AND TRAIN-
ING DELIVERY SYSTEM.
Of the amount authorized to be appropriated by sec-
tion 201(4) for program element 65804D, funding shall
be available for a proposed natural resources assessment
and training delivery system to enhance the ability of the
Department of Defense to mitigate the environmental im-
pact of its operational training of forces and testing of
weapons systems on military installations where problems
are most acute.
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TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $18,436,929,000.
(2) For the Navy, $20,433,797,000.
(3) For the Marine Corps, $2,524,677,000.
(4) For the Air Force, $17,982,955,000.
(5) 
For 
Defense-wide 
activities,
$10,375,368,000.
(6) For the Army Reserve, $1,155,436,000.
(7) For the Naval Reserve, $858,927,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$106,467,000.
(9) For the Air Force Reserve, $1,504,553,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,297,477,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,688,473,000.
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(12) For the Defense Inspector General,
$136,501,000.
(13) For the United States Court of Appeals
for the Armed Forces, $6,797,000.
(14) For Environmental Restoration, Defense,
$1,333,016,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $682,724,000.
(16) 
For 
Medical 
Programs, 
Defense,
$9,831,288,000.
(17) For Cooperative Threat Reduction pro-
grams, $302,900,000.
(18) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $60,544,000.
(19) For payment to Kaho’olawe Island,
$10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Business Operations Fund,
$947,900,000.
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‘‘§ 331. Sentences requiring approval of governor’’.
SEC. 537. AUTHORITY OF MILITARY JUDGES.
Section 332 of title 32, United States Code, is
amended by inserting ‘‘or military judge’’ after ‘‘the presi-
dent’’.
SEC. 538. STATUTORY REORGANIZATION.
(a) NEW TITLE 32 CHAPTER.—(1) Title 32, United
States Code, is amended by inserting after section 325 the
following:
‘‘CHAPTER 4—COURTS-MARTIAL FOR THE
NATIONAL GUARD WHEN NOT IN FED-
ERAL SERVICE
‘‘Sec.
‘‘401.
Courts-martial: composition, jurisdiction, and procedures.
‘‘402.
General courts-martial.
‘‘403.
Special courts-martial.
‘‘404.
Summary courts-martial.
‘‘405.
Sentences requiring approval of governor.
‘‘406.
Compelling attendance of accused and witnesses.
‘‘407.
Execution of process and sentence.’’.
(2) The table of chapters at the beginning of such
title is amended by inserting after the item relating to
chapter 3 the following new item:
‘‘4. Courts-Martial for the National Guard When not in Federal Service
401’’.
(3) The table of sections at the beginning of chapter
3 of such title is amended by striking out the items relat-
ing to sections 326 through 333.
153
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(b) REDESIGNATION OF SECTIONS.—The following
sections of title 32, United States Code (as amended by
this subtitle), are redesignated as follows:
Section
Redesignated section
326 ....................................................................................
401
327 ....................................................................................
402
328 ....................................................................................
403
329 ....................................................................................
404
331 ....................................................................................
405
332 ....................................................................................
406
333 ....................................................................................
407
(c) SECTION HEADINGS.—The headings for sections
401, 402, 403, and 404 of title 32, United States Code,
as redesignated by subsection (b), are amended by striking
out ‘‘of National Guard not in Federal service’’.
SEC. 539. EFFECTIVE DATE.
The amendments made by this subtitle shall take ef-
fect on the date of the enactment of this Act, except that
for an offense committed before that date the maximum
punishment shall be the maximum punishment in effect
at the time of the commission of the offense.
SEC. 540. CONFORMING AMENDMENTS TO UNIFORM CODE
OF MILITARY JUSTICE.
(a) ARTICLE 20.—Section 820 of title 10, United
States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Subject to’’;
(2) by striking out the second and third sen-
tences and inserting in lieu thereof the following:
353
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sequences of failing to cooperate with investigators,
and the extent to which agents conducting interviews
nevertheless engage in such practices.
(7) Any recommendation for legislation to en-
sure that investigators and agents of the military
criminal investigative organizations use legal and
proper tactics during interviews in connection with
Department of Defense criminal investigations.
(c) RESULTS OF INTERVIEWS AND SURVEYS.—The
Comptroller General shall include in the report under sub-
section (b) the results of interviews and surveys conducted
under subsection (a) with persons who were witnesses or
subjects in investigations conducted by military criminal
investigative organizations.
(d) DEFINITION.—For the purposes of this section,
the term ‘‘military criminal investigative organization’’
means any of the following:
(1) The Army Criminal Investigation Com-
mand.
(2) The Air Force Office of Special Investiga-
tions.
(3) The Naval Criminal Investigative Service.
(4) The Defense Criminal Investigative Service.