Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1997’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Au-
thorizations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy Na-
tional Security Authorizations and Other Authoriza-
tions.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Subtitle B—Army Programs
Sec. 111. Repeal of limitation on procurement of certain aircraft.
Sec. 112. Multiyear procurement authority for Army programs.
Subtitle C—Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Cost limitations for Seawolf submarine program.
Sec. 123. Pulse Doppler Radar modification.
Sec. 124. Reduction in number of vessels excluded from limit on purchase of
vessels built in foreign shipyards.
Sec. 125. T–39N trainer aircraft for the Navy.
Subtitle D—Air Force Programs
Sec. 141. Repeal of limitation on procurement of F–15E aircraft.
Sec. 142. C–17 aircraft procurement.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Space launch modernization.
Sec. 212. Live-fire survivability testing of V–22 aircraft.
Sec. 213. Live-fire survivability testing of F–22 aircraft.
Sec. 214. Demilitarization of conventional munitions, rockets, and explosives.
Sec. 215. Research activities of the Defense Advanced Research Projects Agen-
cy relating to chemical and biological warfare defense tech-
nology.
Sec. 216. Limitation on funding for F–16 tactical manned reconnaissance air-
craft.
Sec. 217. Unmanned aerial vehicles.
Sec. 218. Hydra–70 rocket product improvement program.
Sec. 219. Space-Based Infrared System program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Joint United States-Israeli Nautilus Laser/Theater High Energy
Laser program.
Sec. 222. Nonlethal weapons research and development program.
Sec. 223. High altitude endurance unmanned aerial reconnaissance system.
Sec. 224. Certification of capability of United States to prevent illegal importa-
tion of nuclear, biological, or chemical weapons.
Subtitle C—Ballistic Missile Defense Programs
Sec. 231. Funding for Ballistic Missile Defense programs for fiscal year 1997.
Sec. 232. Certification of capability of United States to defend against single
ballistic missile.
Sec. 233. Policy on compliance with the ABM Treaty.
Sec. 234. Requirement that multilateralization of the ABM Treaty be done only
through treaty-making power.
Sec. 235. Report on ballistic missile defense and proliferation.
Sec. 236. Revision to annual report on Ballistic Missile Defense programs.
Sec. 237. ABM Treaty defined.
Sec. 238. Capability of National Missile Defense system.
Subtitle D—Other Matters
Sec. 241. Uniform procedures and criteria for maintenance and repair at Air
Force installations.
Sec. 242. Requirements relating to Small Business Innovation Research Pro-
gram.
Sec. 243. Extension of deadline for delivery of Enhanced Fiber Optic Guided
Missile (EFOG-M) system.
Sec. 244. Amendment to University Research Initiative Support program.
Sec. 245. Amendments to Defense Experimental Program To Stimulate Com-
petitive Research.
Sec. 246. Elimination of report on the use of competitive procedures for the
award of certain contracts to colleges and universities.
Sec. 247. National Oceanographic Partnership Program.
Sec. 248. Funding increase for field emission flat panel technology.
Sec. 249. Natural resources assessment and training delivery system.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B—Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval shipyards to en-
gage in defense-related production and services.
Sec. 312. Exclusion of large maintenance and repair projects from percentage
limitation on contracting for depot-level maintenance.
Subtitle C—Environmental Provisions
Sec. 321. Repeal of report on contractor reimbursement costs.
Sec. 322. Payments of stipulated penalties assessed under CERCLA.
Sec. 323. Conservation and Readiness Program.
Sec. 324. Navy compliance with shipboard solid waste control requirements.
Sec. 325. Authority to develop and implement land use plans for Defense Envi-
ronmental Restoration Program.
Sec. 326. Pilot program to test alternative technologies for limiting air emis-
sions during shipyard blasting and coating operations.
Sec. 327. Navy program to monitor ecological effects of organotin.
Sec. 328. Agreements for services of other agencies in support of environmental
technology demonstration and validation.
Subtitle D—Civilian Employees and Nonappropriated Fund
Instrumentality Employees
Sec. 331. Repeal of prohibition on payment of lodging expenses when adequate
Government quarters are available.
Sec. 332. Voluntary separation incentive pay modification.
Sec. 333. Wage-board compensatory time off.
Sec. 334. Simplification of rules relating to the observance of certain holidays.
Sec. 335. Phased retirement.
Sec. 336. Modification of authority for civilian employees of Department of De-
fense to participate voluntarily in reductions in force.
Subtitle E—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 341. Contracts with other agencies and instrumentalities for goods and
services.
Sec. 342. Noncompetitive procurement of brand-name commercial items for re-
sale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle F—Performance of Functions by Private-Sector
Sources
Sec. 351. Extension of requirement for competitive procurement of printing and
duplication services.
Sec. 352. Requirement regarding use of private shipyards for complex naval
ship repair contracts.
Subtitle G—Other Matters
Sec. 360. Termination of Defense Business Operations Fund and preparation
of plan regarding improved operation of working-capital funds.
Sec. 361. Increase in capital asset threshold under Defense Business Oper-
ations Fund.
Sec. 362. Transfer of excess personal property to support law enforcement ac-
tivities.
Sec. 363. Storage of motor vehicle in lieu of transportation.
Sec. 364. Control of transportation systems in time of war.
Sec. 365. Security protections at Department of Defense facilities in National
Capital Region.
Sec. 366. Modifications to Armed Forces Retirement Home Act of 1991.
Sec. 367. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense ci-
vilian employees.
Sec. 368. Retention of civilian employee positions at military training bases
transferred to National Guard.
Sec. 369. Expansion of authority to donate unusable food.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional contin-
gencies.
Sec. 403. Authorized strengths for commissioned officers on active duty in
grades of major, lieutenant colonel, and colonel and Navy
grades of lieutenant commander, commander, and captain.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Personnel Management
Sec. 501. Authorization for senior enlisted members to reenlist for an indefinite
period of time.
Sec. 502. Authority to extend entry on active duty under the Delayed Entry
Program.
Sec. 503. Permanent authority for Navy spot promotions for certain lieuten-
ants.
Sec. 504. Reports on response to recommendations concerning improvements to
Department of Defense Joint Manpower Process.
Sec. 505. Frequency of reports to Congress on Joint Officer Management Poli-
cies.
Sec. 506. Repeal of requirement that commissioned officers be initially ap-
pointed in a reserve grade.
Sec. 507. Continuation on active status for certain reserve officers of the Air
Force.
Sec. 508. Clarification of applicability of certain management constraints on
major range and test facility base structure.
Subtitle B—Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Training for reserves on active duty in support of the reserves.
Sec. 513. Clarification to definition of active status.
Sec. 514. Appointment above grade of 0–2 in the Naval Reserve.
Sec. 515. Report on number of advisers in active component support of reserves
pilot program.
Sec. 516. Sense of Congress and report regarding reemployment rights for mo-
bilized reservists employed in foreign countries.
Sec. 517. Eligibility for enrollment in Ready Reserve mobilization income insur-
ance program.
Subtitle C—Jurisdiction and Powers of Courts-Martial for the
National Guard When Not in Federal Service
Sec. 531. Composition, jurisdiction, and procedures of courts-martial.
Sec. 532. General courts-martial.
Sec. 533. Special courts-martial.
Sec. 534. Summary courts-martial.
Sec. 535. Repeal of authority for confinement in lieu of fine.
Sec. 536. Approval of sentence of bad conduct discharge or confinement.
Sec. 537. Authority of military judges.
Sec. 538. Statutory reorganization.
Sec. 539. Effective date.
Sec. 540. Conforming amendments to Uniform Code of Military Justice.
Subtitle D—Education and Training Programs
Sec. 551. Extension of maximum age for appointment as a cadet or mid-
shipman in the Senior Reserve Officers’ Training Corps and
the service academies.
Sec. 552. Oversight and management of Senior Reserve Officers’ Training
Corps program.
Sec. 553. ROTC scholarship student participation in simultaneous membership
program.
Sec. 554. Expansion of ROTC advanced training program to include graduate
students.
Sec. 555. Reserve credit for members of Armed Forces Health Professions
Scholarship and Financial Assistance Program.
Sec. 556. Expansion of eligibility for education benefits to include certain Re-
serve Officers’ Training Corps (ROTC) participants.
Sec. 557. Comptroller General report on cost and policy implications of permit-
ting up to five percent of service academy graduates to be as-
signed directly to reserve duty upon graduation.
Subtitle E—Other Matters
Sec. 561. Hate crimes in the military.
Sec. 562. Authority of a reserve judge advocate to act as a notary public.
Sec. 563. Authority to provide legal assistance to Public Health Service officers.
Sec. 564. Excepted appointment of certain judicial non-attorney staff in the
United States Court of Appeals for the Armed Forces.
Sec. 565. Replacement of certain American theater campaign ribbons.
Sec. 566. Restoration of regulations prohibiting service of homosexuals in the
Armed Forces.
Sec. 567. Reenactment and modification of mandatory separation from service
for members diagnosed with HIV–1 virus.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Availability of basic allowance for quarters for certain members with-
out dependents who serve on sea duty.
Sec. 603. Establishment of minimum monthly amount of variable housing al-
lowance for high housing cost areas.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse officer can-
didates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses and spe-
cial pays.
Sec. 614. Special incentives to recruit and retain dental officers.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Temporary lodging expenses of member in connection with first per-
manent change of station.
Sec. 622. Allowance in connection with shipping motor vehicle at government
expense.
Sec. 623. Dislocation allowance at a rate equal to two and one-half months
basic allowance for quarters.
Sec. 624. Allowance for travel performed in connection with leave between con-
secutive overseas tours.
Subtitle D—Retired Pay, Survivor Benefits, and Related
Matters
Sec. 631. Increase in annual limit on days of inactive duty training creditable
towards reserve retirement.
Sec. 632. Authority for retirement in grade in which a member has been se-
lected for promotion when a physical disability intervenes.
Sec. 633. Eligibility for reserve disability retirement for reserves injured while
away from home overnight for inactive-duty training.
Sec. 634. Retirement of reserve enlisted members who qualify for active duty
retirement after administrative reduction in enlisted grade.
Sec. 635. Clarification of initial computation of retiree COLAs after retirement.
Sec. 636. Technical correction to prior authority for payment of back pay to
certain persons.
Sec. 637. Amendments to the Uniformed Services Former Spouses’ Protection
Act.
Sec. 638. Administration of benefits for so-called minimum income widows.
Sec. 639. Nonsubstantive restatement of Survivor Benefit Plan statute.
Subtitle E—Other Matters
Sec. 651. Technical correction clarifying ability of certain members to elect not
to occupy Government quarters.
Sec. 652. Technical correction clarifying limitation on furnishing clothing or al-
lowances for enlisted National Guard technicians.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Medical and dental care for reserve component members in a duty
status.
Sec. 702. Preventive health care screening for colon and prostate cancer.
Subtitle B—TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 713. Improved information exchange between military treatment facilities
and TRICARE program contractors.
Subtitle C—Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services health care
delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D—Other Changes to Existing Laws Regarding
Health Care Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically nec-
essary treatment in connection with certain clinical trials.
Sec. 732. Authority to waive or reduce CHAMPUS deductible amounts for re-
servists called to active duty in support of contingency oper-
ations.
Sec. 733. Exception to maximum allowable payments to individual health-care
providers under CHAMPUS.
Sec. 734. Codification of annual authority to credit CHAMPUS refunds to cur-
rent year appropriation.
Sec. 735. Exceptions to requirements regarding obtaining nonavailability-of-
health-care statements.
Sec. 736. Expansion of collection authorities from third-party payers.
Subtitle E—Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed Forces
Health Professions Scholarship and Financial Assistance pro-
gram and Uniformed Services University of the Health
Sciences.
Sec. 742. Exception to strength limitations for Public Health Service officers
assigned to Department of Defense.
Sec. 743. Continued operation of Uniformed Services University of the Health
Sciences.
Sec. 744. Sense of Congress regarding tax treatment of Armed Forces Health
Professions Scholarship and Financial Assistance program.
Sec. 745. Report regarding specialized treatment facility program.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Management
Sec. 801. Authority to waive certain requirements for defense acquisition pilot
programs.
Sec. 802. Exclusion from certain post-education duty assignments for members
of Acquisition Corps.
Sec. 803. Extension of authority to carry out certain prototype projects.
Sec. 804. Increase in threshold amounts for major systems.
Sec. 805. Revisions in information required to be included in Selected Acquisi-
tion Reports.
Sec. 806. Increase in simplified acquisition threshold for humanitarian or
peacekeeping operations.
Sec. 807. Expansion of audit reciprocity among Federal agencies to include
post-award audits.
Sec. 808. Extension of pilot mentor-protege program.
Subtitle B—Other Matters
Sec. 821. Amendment to definition of national security system under Informa-
tion Technology Management Reform Act of 1995.
Sec. 822. Prohibition on release of contractor proposals under Freedom of In-
formation Act.
Sec. 823. Repeal of annual report by advocate for competition.
Sec. 824. Repeal of biannual report on procurement regulatory activity.
Sec. 825. Repeal of multiyear limitation on contracts for inspection, mainte-
nance, and repair.
Sec. 826. Streamlined notice requirements to contractors and employees regard-
ing termination or substantial reduction in contracts under
major defense programs.
Sec. 827. Repeal of notice requirements for substantially or seriously affected
parties in downsizing efforts.
Sec. 828. Testing of defense acquisition programs.
Sec. 829. Dependency of national technology and industrial base on supplies
available only from foreign countries.
Sec. 830. Sense of Congress regarding treatment of Department of Defense
cable television franchise agreements.
Sec. 831. Extension of domestic source limitation for valves and machine tools.
Sec. 832. Demonstration project for purchase of fire, security, police, public
works, and utility services from local government agencies.
Sec. 833. Study of effectiveness of defense mergers.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT
Sec. 901. Additional required reduction in defense acquisition workforce.
Sec. 902. Reduction of personnel assigned to Office of the Secretary of De-
fense.
Sec. 903. Report on military department headquarters staffs.
Sec. 904. Extension of effective date for charter for Joint Requirements Over-
sight Council.
Sec. 905. Removal of Secretary of the Army from membership on the Foreign
Trade Zone Board.
Sec. 906. Membership of the Ammunition Storage Board.
Sec. 907. Department of Defense disbursing official check cashing and ex-
change transactions.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year 1996 de-
fense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations for
fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air Force
ammunition accounts.
Sec. 1006. Format for budget requests for Defense Airborne Reconnaissance
program.
Subtitle B—Reports and Studies
Sec. 1021. Annual report on Operation Provide Comfort and Operation En-
hanced Southern Watch.
Sec. 1022. Report on protection of national information infrastructure.
Sec. 1023. Report on witness interview procedures for Department of Defense
criminal investigations.
Subtitle C—Other Matters
Sec. 1031. Information systems security program.
Sec. 1032. Aviation and vessel war risk insurance.
Sec. 1033. Aircraft accident investigation boards.
Sec. 1034. Authority for use of appropriated funds for recruiting functions.
Sec. 1035. Authority for award of Medal of Honor to certain African American
soldiers who served during World War II.
Sec. 1036. Compensation for persons awarded prisoner of war medal who did
not previously receive compensation as a prisoner of war.
Sec. 1037. George C. Marshall European Center for Strategic Security Studies.
Sec. 1038. Participation of members, dependents, and other persons in crime
prevention efforts at installations.
Sec. 1039. Technical and clerical amendments.
Sec. 1040. Prohibition on carrying out SR–71 strategic reconnaissance program
during fiscal year 1997.
Sec. 1041. Defense burdensharing.
Sec. 1042. Authority to transport health professionals seeking to provide
health-related humanitarian relief services.
Sec. 1043. Treatment of excess defense articles of Coast Guard under Foreign
Assistance Act of 1961.
Sec. 1044. Forfeiture of retired pay of members who are absent from the
United States to avoid prosecution.
Sec. 1045. Chemical stockpile emergency preparedness program.
Sec. 1046. Quarterly reports regarding coproduction agreements.
Sec. 1047. Failure to comply with veterans’ preference requirements to be
treated as a prohibited personnel practice.
Sec. 1048. Sense of Congress and Presidential report regarding nuclear weap-
ons proliferation and policies of the People’s Republic of China.
Sec. 1049. Transfer of U.S.S. Drum to City of Vallejo, California.
Sec. 1050. Evaluation of digital video network equipment used in Olympic
games.
Sec. 1051. Mission of the White House Communications Agency.
Sec. 1052. Transfer of naval vessels to certain foreign countries.
Sec. 1053. Annual report relating to Buy American Act.
Sec. 1054. Sense of Congress concerning assisting other countries to improve
security of fissile material.
Sec. 1055. Southwest Border States Anti-Drug Information System.
TITLE XI—COOPERATIVE THREAT REDUCTION WITH
STATES OF FORMER SOVIET UNION
Sec. 1101. Specification of Cooperative Threat Reduction programs.
Sec. 1102. Fiscal year 1997 funding allocations.
Sec. 1103. Prohibition on use of funds for specified purposes.
Sec. 1104. Limitation on use of funds until specified reports are submitted.
Sec. 1105. Availability of funds.
TITLE XII—RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A—Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and reserve general and flag officer authoriza-
tions.
Sec. 1214. Guard and Reserve technicians.
Sec. 1215. Technical amendment reflecting prior revision to National Guard
Bureau charter.
Subtitle B—Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and Re-
serve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of mem-
bers of reserve components.
Sec. 1233. Report to Congress concerning income insurance program for acti-
vated reservists.
Sec. 1234. Report to Congress concerning small business loans for members re-
leased from reserve service during contingency operations.
Subtitle C—Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable expenses.
Sec. 1252. Codification of annual authority to pay transient housing charges or
provide lodging in kind for members performing active duty for
training or inactive-duty training.
Sec. 1253. Sense of Congress concerning quarters allowance during service on
active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Commendation of Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and reserve serv-
ice.
TITLE XIII—ARMS CONTROL AND RELATED MATTERS
Subtitle A—Miscellaneous Matters
Sec. 1301. One-year extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic nuclear de-
livery systems.
Sec. 1303. Certification required before observance of moratorium on use by
Armed Forces of antipersonnel landmines.
Sec. 1304. Department of Defense demining program.
Sec. 1305. Report on military capabilities of People’s Republic of China.
Sec. 1306. United States-People’s Republic of China Joint Defense Conversion
Commission.
Sec. 1307. Authority to accept services from foreign governments and inter-
national organizations for defense purposes.
Sec. 1308. Review by Director of Central Intelligence of National Intelligence
Estimate 95–19
Subtitle B—Commission to Assess the Ballistic Missile Threat
to the United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
TITLE XIV—SIKES ACT IMPROVEMENT
Sec. 1401. Short title.
Sec. 1402. Definition of Sikes Act for purposes of amendments.
Sec. 1403. Codification of short title of Act.
Sec. 1404. Integrated natural resource management plans.
Sec. 1405. Review for preparation of integrated natural resource management
plans.
Sec. 1406. Annual reviews and reports.
Sec. 1407. Transfer of wildlife conservation fees from closed military installa-
tions.
Sec. 1408. Federal enforcement of integrated natural resource management
plans and enforcement of other laws.
Sec. 1409. Natural resource management services.
Sec. 1410. Definitions.
Sec. 1411. Cooperative agreements.
Sec. 1412. Repeal of superseded provision.
Sec. 1413. Clerical amendments.
Sec. 1414. Authorizations of appropriations.
TITLE XV—DEFENSE AND SECURITY ASSISTANCE
Subtitle A—Military and Related Assistance
Sec. 1501. Terms of loans under the foreign military financing program.
Sec. 1502. Additional requirements under the foreign military financing pro-
gram.
Sec. 1503. Drawdown special authorities.
Sec. 1504. Transfer of excess defense articles.
Sec. 1505. Excess defense articles for certain European countries.
Subtitle B—International Military Education and Training.
Sec. 1511. Assistance for Indonesia.
Sec. 1512. Additional requirements.
Subtitle C—Antiterrorism Assistance.
Sec. 1521. Antiterrorism training assistance.
Sec. 1522. Research and development expenses.
Subtitle D—Narcotics Control Assistance.
Sec. 1531. Additional requirements.
Sec. 1532. Notification requirement.
Sec. 1533. Waiver of restrictions for narcotics-related economic assistance.
Subtitle E—Other Provisions.
Sec. 1541. Standardization of Congressional review procedures for arms trans-
fers.
Sec. 1542. Increased standardization, rationalization, and interoperability of as-
sistance and sales programs.
Sec. 1543. Definition of significant military equipment.
Sec. 1544. Elimination of annual reporting requirement relating to the special
defense acquisition fund.
Sec. 1545. Cost of leased defense articles that have been lost or destroyed.
Sec. 1546. Designation of major non-NATO allies.
Sec. 1547. Certification thresholds.
Sec. 1548. Depleted uranium ammunition.
Sec. 1549. End-use monitoring of defense articles and defense services.
Sec. 1550. Brokering activities relating to commercial sales of defense articles
and services.
Sec. 1551. Return and exchanges of defense articles previously transferred pur-
suant to the Arms Export Control Act.
Sec. 1552. National security interest determination to waive reimbursement of
depreciation for leased defense articles.
Sec. 1553. Eligibility of Panama under Arms Export Control Act.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Correction in authorized uses of funds, Fort Irwin, California.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island, California.
Sec. 2206. Lease to facilitate construction of reserve center, Naval Air Station,
Meridian, Mississippi.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Naming of range at Camp Shelby, Mississippi.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2705. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction and Military Family
Housing
Sec. 2801. North Atlantic Treaty Organization Security Investment Program.
Sec. 2802. Authority to demolish excess facilities.
Sec. 2803. Improvements to family housing units.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment transfers under
1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on closed in-
stallations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification assist-
ance is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in connec-
tion with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of Mississippi Army
Ammunization Plant.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2821. Transfer and exchange of jurisdiction, Arlington National Cemetery,
Arlington, Virginia.
Sec. 2822. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2823. Land conveyance, Army Reserve Center, Anderson, South Carolina.
Sec. 2824. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
PART II—NAVY CONVEYANCES
Sec. 2831. Release of condition on reconveyance of transferred land, Guam.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard, 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.
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.
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.
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.
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.
(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:
(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.
(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
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
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.
(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.
(3) Of the amount authorized to be appropriated by
section 201(2), $38,000,000 is available to begin funding
those Category I and Category II advanced technologies
described in Appendix C of the report of the Secretary
of Defense referred to in paragraph (2).
(4) Of the amount authorized to be appropriated by
section 201(2), $40,000,000 is available to provide funds
for the design improvements in accordance with subsection
(f), to be equally divided between the two shipyards.
(5)(A) Of the amount authorized to be appropriated
by section 201(2), $50,000,000 is available to initiate the
design of a new, next-generation nuclear attack sub-
marine, the design of which is not intended to be an out-
growth of the submarine program described in section 131
of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104–106; 110 Stat. 208). Those funds
shall be equally divided between the two shipyards and
shall provide alternatives to the design or designs to be
derived in accordance with subsection (f). The Secretary
of the Navy shall compete those alternative designs with
the design or designs to be derived in accordance with sub-
section (f) for serial production beginning not earlier than
fiscal year 2003.
(B) The design under subparagraph (A) should pro-
ceed from, but not be limited to, the technology specified
in 
paragraph 
(2)(A), 
especially 
with 
respect 
to
hydrodynamics concepts and technologies. The Secretary
shall require the two shipyards to submit to the Secretary
an annual report on the progress of the design work under
subparagraph (A) and shall transmit each such report to
the committees specified in subsection (d)(1).
(c) CONTRACTS AUTHORIZED.—(1) The Secretary of
the Navy is authorized, using funds available pursuant to
paragraphs (2) and (3) of subsection (a), to enter into
contracts with Electric Boat Division and Newport News
Shipbuilding, and suppliers of components, during fiscal
year 1997 for—
(A) the procurement of long-lead components
for the fiscal year 1998 submarine and the fiscal
year 1999 submarine under this section; and
(B) advance construction of such components
and other components for such submarines.
(2) The Secretary may enter into a contract or con-
tracts under this section with the shipbuilder of the fiscal
year 1998 submarine only if the Secretary enters into a
contract or contracts under this section with the ship-
builder of the fiscal year 1999 submarine.
(d) LIMITATIONS.—(1) Of the amounts specified in
subsection (a), not more than $50,000,000 may be obli-
gated until the Secretary of Defense certifies in writing
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-
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
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
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.
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.
(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
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
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:
(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-
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.
(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—
(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),
$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-
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
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-
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-
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)
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
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
(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
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
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
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
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
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.
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
(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
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.
(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);
(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.
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.
(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’’.
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’’;
(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
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.
‘‘§ 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’).
‘‘(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.
‘‘(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:
‘‘(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-
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.
‘‘(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
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.
‘‘(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
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
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.
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.
(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.
(2) For the National Defense Sealift Fund,
$1,123,002,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 1997 from the Armed Forces Retirement Home
Trust Fund the sum of $57,300,000 for the operation of
the Armed Forces Retirement Home, including the United
States Soldiers’ and Airmen’s Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-
PILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided
in appropriations Acts, not more than $250,000,000 is au-
thorized to be transferred from the National Defense
Stockpile Transaction Fund to operation and maintenance
accounts for fiscal year 1997 in amounts as follows:
(1) For the Army, $83,334,000.
(2) For the Navy, $83,333,000.
(3) For the Air Force, $83,333,000.
(b) TREATMENT OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for
the same purposes and the same period as, the
amounts in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in this section is in
addition to the transfer authority provided in section
1001.
Subtitle B—Depot-Level Activities
SEC. 311. EXTENSION OF AUTHORITY FOR AVIATION DE-
POTS AND NAVAL SHIPYARDS TO ENGAGE IN
DEFENSE-RELATED PRODUCTION AND SERV-
ICES.
Section 1425(e) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101–510; 104
Stat. 1684) is amended by striking out ‘‘September 30,
1996’’ and inserting in lieu thereof ‘‘September 30,
1997’’.
SEC. 312. EXCLUSION OF LARGE MAINTENANCE AND RE-
PAIR PROJECTS FROM PERCENTAGE LIMITA-
TION ON CONTRACTING FOR DEPOT-LEVEL
MAINTENANCE.
Section 2466 of title 10, United States Code, is
amended by inserting after subsection (a) the following
new subsection:
‘‘(b) TREATMENT OF CERTAIN LARGE PROJECTS.—
If a single maintenance or repair project contracted for
performance by non-Federal Government personnel ac-
counts for five percent or more of the funds made available
in a fiscal year to a military department or a Defense
Agency for depot-level maintenance and repair workload,
the project and the funds necessary for the project shall
not be considered when applying the percentage limitation
specified in subsection (a) to that military department or
Defense Agency.’’.
Subtitle C—Environmental
Provisions
SEC. 321. REPEAL OF REPORT ON CONTRACTOR REIM-
BURSEMENT COSTS.
Section 2706 of title 10, United States Code, is
amended—
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as sub-
section (c).
SEC. 322. PAYMENTS OF STIPULATED PENALTIES AS-
SESSED UNDER CERCLA.
The Secretary of Defense may pay, from funds ap-
propriated pursuant to section 301(14), the following:
(1) Stipulated civil penalties, to the Hazardous
Substance Superfund established under section 9507
of the Internal Revenue Code of 1986, in amounts
as follows:
(A) Not more than $34,000 assessed
against the United States Army at Fort Riley,
Kansas, under the Comprehensive Environ-
mental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Not more than $55,000 assessed
against the Massachusetts Military Reservation,
Massachusetts, under such Act.
(C) Not more than $10,000 assessed
against the F.E. Warren Air Force Base, Wyo-
ming, under such Act.
(D) Not more than $30,000 assessed
against the Naval Education and Training Cen-
ter, Newport, Rhode Island, under such Act.
(E) Not more than $37,500 assessed
against Lake City Army Ammunition Plant,
under such Act.
(2) Not more than $500,000 to carry out two
environmental restoration projects, as part of a ne-
gotiated agreement in lieu of stipulated penalties as-
sessed under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) against the Massachusetts Mili-
tary Reservation, Massachusetts.
SEC. 323. CONSERVATION AND READINESS PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Defense
may establish and carry out a program to be known as
the ‘‘Conservation and Readiness Program’’.
(b) PURPOSE.—The purpose of the Conservation and
Readiness Program is to conduct and manage in a coordi-
nated manner those conservation and cultural activities
that have regional, multicomponent, or Department of De-
fense-wide significance and are necessary to meet legal re-
quirements or to support military operations. These activi-
ties include the following:
(1) The development of ecosystem-wide land
management plans.
(2) The conduct of wildlife studies to ensure the
safety of military operations.
(3) The identification and return of Native
American human remains and cultural items in the
possession or control of the Department of Defense,
or discovered on land under the jurisdiction of the
Department of Defense, to the appropriate Native
American tribes.
(4) The control of invasive species that may
hinder military activities or degrade military training
ranges.
(5) The establishment of a regional curation
system for artifacts found on military installations.
(c) COOPERATIVE AGREEMENTS AND GRANTS.—The
Secretary of Defense may negotiate and enter into cooper-
ative agreements with, and award grants to, public and
private agencies, organizations, institutions, individuals,
or other entities to carry out the Conservation and Readi-
ness Program.
(d) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion shall be construed or interpreted as preempting any
otherwise applicable Federal, State, or local law or regula-
tion relating to the management of natural and cultural
resources on military installations.
SEC. 324. NAVY COMPLIANCE WITH SHIPBOARD SOLID
WASTE CONTROL REQUIREMENTS.
(a) AMENDMENT TO THE ACT TO PREVENT POLLU-
TION FROM SHIPS.—Subsection (c) of section 3 of the Act
to Prevent Pollution from Ships (33 U.S.C. 1902(c)) is
amended—
(1) in paragraph (1), by inserting ‘‘, except as
provided in paragraphs (4) and (5) of this sub-
section’’ before the period at the end;
(2) by striking out paragraph (4); and
(3) by adding at the end the following new
paragraphs:
‘‘(4) A vessel owned or operated by the Department
of the Navy for which the Secretary of the Navy deter-
mines under the compliance plan submitted under para-
graph (2) that, due to unique military design, construc-
tion, manning, or operating requirements, full compliance
with paragraph (1) would not be technologically feasible,
would impair the vessel’s operations, and would impair the
vessel’s operational capability, is authorized to discharge
garbage consisting of either of the following:
‘‘(A) A slurry of seawater, paper, cardboard,
and food waste that does not contain more than the
minimum amount practicable of plastic, if such slur-
ry is discharged not less than 3 nautical miles from
the nearest land and is capable of passing through
a screen with openings of no greater than 12 milli-
meters.
‘‘(B) Metal and glass garbage that has been
shredded and bagged to ensure negative buoyancy
and is discharged not less than 12 nautical miles
from the nearest land.
‘‘(5) Not later than December 31, 2000, the Sec-
retary of the Navy shall publish in the Federal Register—
‘‘(A) a list of those surface ships planned to be
decommissioned between January 1, 2001, and De-
cember 31, 2005; and
‘‘(B) standards to ensure, so far as is reason-
able and practicable, without impairing the oper-
ations or operational capabilities of such ships, that
such ships act in a manner consistent with the spe-
cial area requirements of Regulation 5 of Annex V
to the Convention.’’.
(b) GOAL TO ACHIEVE FULL COMPLIANCE.—It shall
be the goal of the Secretary of the Navy to achieve full
compliance with Annex V to the International Convention
for the Prevention of Pollution from Ships, 1973, as soon
as practicable.
SEC. 325. AUTHORITY TO DEVELOP AND IMPLEMENT LAND
USE PLANS FOR DEFENSE ENVIRONMENTAL
RESTORATION PROGRAM.
(a) AUTHORITY.—The Secretary of Defense may, to
the extent possible and practical, develop and implement,
as part of the Defense Environmental Restoration Pro-
gram provided for in chapter 160 of title 10, United
States Code, a land use plan for any defense site selected
by the Secretary under subsection (b).
(b) SELECTION OF SITES.—The Secretary may select
up to 10 defense sites, from among sites where the Sec-
retary is planning or implementing environmental restora-
tion activities, for which land use plans may be developed
under this section.
(c) REQUIREMENT TO CONSULT WITH REVIEW COM-
MITTEE OR ADVISORY BOARD.—In developing a land use
plan under this section, the Secretary of Defense shall
consult with a technical review committee established pur-
suant to section 2705(c) of title 10, United States Code,
a restoration advisory board established pursuant to sec-
tion 2705(d) of such title, a local land use redevelopment
authority, or another appropriate State agency.
(d) 50-YEAR PLANNING PERIOD.—A land use plan
developed under this section shall cover a period of at least
50 years.
(e) IMPLEMENTATION.—For each defense site for
which the Secretary develops a land use plan under this
section, the Secretary shall take into account the land use
plan in selecting and implementing, in accordance with ap-
plicable law, environmental restoration activities at the
site.
(f) DEADLINES.—For each defense site for which the
Secretary of Defense intends to develop a land use plan
under this section, the Secretary shall develop a draft land
use plan by October 1, 1997, and a final land use plan
by March 15, 1998.
(g) DEFINITION OF DEFENSE SITE.—For purposes
of this section, the term ‘‘defense site’’ means (A) any
building, structure, installation, equipment, pipe or pipe-
line (including any pipe into a sewer or publicly owned
treatment works), well, pit, pond, lagoon, impoundment,
ditch, landfill, storage container, motor vehicle, rolling
stock, or aircraft under the jurisdiction of the Department
of Defense, or (B) any site or area under the jurisdiction
of the Department of Defense where a hazardous sub-
stance has been deposited, stored, disposed of, or placed,
or otherwise come to be located; but does not include any
consumer product in consumer use or any vessel.
(h) REPORT.—Not later than December 31, 1998,
the Secretary of Defense shall submit to Congress a report
on the land use plans developed under this section and
the effect such plans have had on environmental restora-
tion activities at the defense sites where they have been
implemented. The report shall include recommendations
on whether such land use plans should be developed and
implemented throughout the Department of Defense.
(h) SAVINGS PROVISIONS.—(1) Nothing in this sec-
tion or in a land use plan developed under this section
with respect to a defense site shall be construed as requir-
ing any modification to a land use plan that was developed
before the date of the enactment of this Act.
(2) Nothing in this section may be construed to affect
statutory requirements for an environmental restoration
or waste management activity or project or to modify or
otherwise affect applicable statutory or regulatory environ-
mental restoration and waste management requirements,
including substantive standards intended to protect public
health and the environment, nor shall anything in this sec-
tion be construed to preempt or impair any local land use
planning or zoning authority or State authority.
SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECH-
NOLOGIES FOR LIMITING AIR EMISSIONS
DURING SHIPYARD BLASTING AND COATING
OPERATIONS.
(a) PILOT PROGRAM.—The Secretary of the Navy
shall establish a pilot program to test an alternative tech-
nology designed to capture and destroy or remove particu-
late emissions and volatile air pollutants that occur during
abrasive blasting and coating operations at naval ship-
yards. In conducting the test, the Secretary shall seek to
demonstrate whether the technology is valid, cost effective,
and in compliance with environmental laws and regula-
tions.
(b) REPORT.—Upon completion of the test conducted
under the pilot program, the Secretary of the Navy shall
submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report setting forth in detail the results
of the test. The report shall include recommendations on
whether the alternative technology merits implementation
at naval shipyards and such other recommendations as the
Secretary considers appropriate.
SEC. 327. NAVY PROGRAM TO MONITOR ECOLOGICAL EF-
FECTS OF ORGANOTIN.
(a) MONITORING REQUIREMENT.—The Secretary of
the Navy shall, in consultation with the Administrator of
the Environmental Protection Agency, develop and imple-
ment a program to monitor the concentrations of
organotin in the water column, sediments, and aquatic or-
ganisms of representative estuaries and near-coastal wa-
ters in the United States, as described in section 7(a) of
the Organotin Antifouling Paint Control Act of 1988 (33
U.S.C. 2406(a)). The program shall be designed to
produce high-quality data to enable the Environmental
Protection Agency to develop water quality criteria con-
cerning organotin compounds.
(b) REPORT.—Not later than June 1, 1997, the Sec-
retary of the Navy shall submit to Congress a report con-
taining the following:
(1) A description of the monitoring program de-
veloped pursuant to subsection (a).
(2) An analysis of the results of the monitoring
program as of the date of the submission of the re-
port.
(3) Information about the progress of Navy
programs, referred to in section 7(c) of Organotin
Antifouling Paint Control Act of 1988 (33 U.S.C.
2406(c)), for evaluating the laboratory toxicity and
environmental risks associated with the use of
antifouling paints containing organotin.
(4) An assessment, developed in consultation
with the Administrator of the Environmental Protec-
tion Agency, of the effectiveness of existing laws and
rules concerning organotin compounds in ensuring
protection of human health and the environment.
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Administrator of the Environmental Protec-
tion Agency, in consultation with the Secretary of the
Navy, should develop, for purposes of the national pollut-
ant discharge elimination system, a model permit for the
discharge of organotin compounds at shipbuilding and
ship repair facilities. For purposes of this subsection, the
term ‘‘organotin’’ has the meaning provided in section 3
of the Organotin Antifouling Paint Control Act of 1988
(33 U.S.C. 2402).
SEC. 328. AGREEMENTS FOR SERVICES OF OTHER AGEN-
CIES 
IN 
SUPPORT 
OF 
ENVIRONMENTAL
TECHNOLOGY DEMONSTRATION AND VALIDA-
TION.
(a) AUTHORITY.—The Secretary of Defense may
enter into a cooperative agreement with an agency of a
State or local government to obtain assistance in dem-
onstrating, validating, and certifying environmental tech-
nologies.
(b) TYPES OF ASSISTANCE.— The types of assistance
that may be obtained under subsection (a) include the fol-
lowing:
(1) Data collection and analysis.
(2) Technical assistance in conducting a dem-
onstration of an environmental technology, including
the implementation of quality assurance and quality
control programs.
(c) SERVICE CHARGES.—The cooperative agreement
may provide for the payment by the Secretary of service
charges to the agency if the charges are reasonable, non-
discriminatory, and do not exceed the actual or estimated
cost to the agency of providing the service.
Subtitle 
D—Civilian 
Employees
and Nonappropriated Fund In-
strumentality Employees
SEC. 331. REPEAL OF PROHIBITION ON PAYMENT OF LODG-
ING EXPENSES WHEN ADEQUATE GOVERN-
MENT QUARTERS ARE AVAILABLE.
(a) REPEAL.—Section 1589 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 81 of such title is amended
by striking out the item relating to section 1589.
SEC. 332. VOLUNTARY SEPARATION INCENTIVE PAY MODI-
FICATION.
(a) IN GENERAL.—Section 5597(g) of title 5, United
States Code, is amended by adding at the end the follow-
ing new paragraph:
‘‘(5) If the employment is without compensation, the
appointing official may waive the repayment.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to employment accept-
ed on or after the date of the enactment of this Act.
SEC. 333. WAGE-BOARD COMPENSATORY TIME OFF.
(a) IN GENERAL.—Section 5543 of title 5, United
States Code, is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) The head of an agency may, on request of an
employee, grant the employee compensatory time off from
his scheduled tour of duty instead of payment under sec-
tion 5544 or section 7 of the Fair Labor Standards Act
of 1938 for an equal amount of time spent in irregular
or occasional overtime work.’’.
(b) CONFORMING AMENDMENT.—Section 5544(c) of
title 5, United States Code, is amended by inserting ‘‘and
the provisions of section 5543(b)’’ before ‘‘shall apply’’.
SEC. 334. SIMPLIFICATION OF RULES RELATING TO THE
OBSERVANCE OF CERTAIN HOLIDAYS.
Section 6103 of title 5, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d)(1) For purposes of this subsection—
‘‘(A) the term ‘compressed schedule’ has the
meaning given such term by section 6121(5); and
‘‘(B) the term ‘adverse agency impact’ has the
meaning given such term by section 6131(b).
‘‘(2) An agency may prescribe rules under which em-
ployees on a compressed schedule may, in the case of a
holiday that occurs on a regularly scheduled non-workday
for such employees, and notwithstanding any other provi-
sion of law or the terms of any collective bargaining agree-
ment, be required to observe such holiday on a workday
other than as provided by subsection (b), if the agency
head determines that it is necessary to do so in order to
prevent an adverse agency impact.’’.
SEC. 335. PHASED RETIREMENT.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8344 of title 5, United States Code, is amended by adding
at the end the following new subsection:
‘‘(m)(1) In order to promote the retention of employ-
ees having knowledge, skills, or expertise needed by the
Department of Defense, in a manner consistent with ongo-
ing downsizing efforts, the Secretary of Defense or his
designee may waive the application of subsection (a), with
respect to reemployed annuitants of the Department of
Defense, under this subsection.
‘‘(2) A waiver under this subsection—
‘‘(A) may not be granted except upon appro-
priate written application submitted and approved
not later than the date of separation on which enti-
tlement to annuity is based;
‘‘(B) shall be contingent on the reemployment
commencing within such time as the Secretary or his
designee may require, may remain in effect for a pe-
riod of not to exceed 2 years, and shall not be re-
newable; and
‘‘(C) may be granted and thereafter remain in
effect only if, with respect to the position in which
reemployed, the number of regularly scheduled hours
in each week or other period is at least 1⁄2 but not
more than 3⁄4 those last in effect for the individual
before the separation referred to in subparagraph
(A).
‘‘(3)(A) In no event shall the sum of the rate of basic
pay for, plus annuity allocable to, any period of service
as a reemployed annuitant under this subsection exceed
the rate of basic pay that would then be in effect for serv-
ice performed during such period if separation had not oc-
curred.
‘‘(B) If the limitation under subparagraph (A) would
otherwise be exceeded, an amount equal to the excess shall
be deducted from basic pay for the period involved (but
not to exceed total basic pay for such period), and any
amount so deducted shall be deposited in the Treasury of
the United States to the credit of the Fund.
‘‘(4) The number of reemployed annuitants under
this subsection at any given time may not, when taken
together with the then current number under section
8468(j), exceed a total of 50.
‘‘(5) All waivers under this subsection shall cease to
be effective after September 30, 2001.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8468 of title 5, United States Code, is amended
by adding at the end the following new subsection:
‘‘(j)(1) In order to promote the retention of employ-
ees having knowledge, skills, or expertise needed by the
Department of Defense, in a manner consistent with ongo-
ing downsizing efforts, the Secretary of Defense or his
designee may waive the application of subsections (a) and
(b), with respect to reemployed annuitants of the Depart-
ment of Defense, under this subsection.
‘‘(2) A waiver under this subsection—
‘‘(A) may not be granted except upon appro-
priate written application submitted and approved
not later than the date of separation on which enti-
tlement to annuity is based;
‘‘(B) shall be contingent on the reemployment
commencing within such time as the Secretary or his
designee may require, may remain in effect for a pe-
riod of not to exceed 2 years, and shall not be re-
newable; and
‘‘(C) may be granted and thereafter remain in
effect only if, with respect to the position in which
reemployed, the number of regularly scheduled hours
in each week or other period is at least 1⁄2 but not
more than 3⁄4 those last in effect for the individual
before the separation referred to in subparagraph
(A).
‘‘(3)(A) In no event shall the sum of the rate of basic
pay for, plus annuity allocable to, any period of service
as a reemployed annuitant under this subsection exceed
the rate of basic pay that would then be in effect for serv-
ice performed during such period if separation had not oc-
curred.
‘‘(B) If the limitation under subparagraph (A) would
otherwise be exceeded, an amount equal to the excess shall
be deducted from basic pay for the period involved (but
not to exceed total basic pay for such period), and any
amount so deducted shall be deposited in the Treasury of
the United States to the credit of the Fund.
‘‘(4) The number of reemployed annuitants under
this subsection at any given time may not, when taken
together with the then current number under section
8344(m), exceed a total of 50.
‘‘(5) All waivers under this subsection shall cease to
be effective after September 30, 2001.’’.
(c) REPORTING REQUIREMENT.—Not later than De-
cember 31, 2000, the Secretary of Defense shall submit
to each House of Congress and the Office of Personnel
Management a written report on the operation of sections
8344(m) and 8468(j) of title 5, United States Code, as
amended by this section. Such report shall include—
(1) recommendations as to whether or not those
provisions of law should be continued beyond Sep-
tember 30, 2001, and, if so, under what conditions
or constraints; and
(2) any other information which the Secretary
of Defense may consider appropriate.
SEC. 336. MODIFICATION OF AUTHORITY FOR CIVILIAN EM-
PLOYEES OF DEPARTMENT OF DEFENSE TO
PARTICIPATE VOLUNTARILY IN REDUCTIONS
IN FORCE.
Section 3502(f) of title 5, United States Code, is
amended to read as follows:
‘‘(f)(1) The Secretary of Defense or the Secretary of
a military department may—
‘‘(A) separate from service any employee who
volunteers to be separated under this subparagraph
even though the employee is not otherwise subject to
separation due to a reduction in force; and
‘‘(B) for each employee voluntarily separated
under subparagraph (A), retain an employee in a
similar position who would otherwise be separated
due to a reduction in force.
‘‘(2) The separation of an employee under paragraph
(1)(A) shall be treated as an involuntary separation due
to a reduction in force.
‘‘(3) An employee with critical knowledge and skills
(as defined by the Secretary concerned) may not partici-
pate in a voluntary separation under paragraph (1)(A) if
the Secretary concerned determines that such participa-
tion would impair the performance of the mission of the
Department of Defense or the military department con-
cerned.
‘‘(4) The regulations prescribed under this section
shall incorporate the authority provided in this subsection.
‘‘(5) No authority under paragraph (1) may be exer-
cised after September 30, 2001.’’.
100
Subtitle E—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 341. CONTRACTS WITH OTHER AGENCIES AND IN-
STRUMENTALITIES FOR GOODS AND SERV-
ICES.
(a) CONTRACTS
TO PROMOTE EFFICIENT OPER-
ATION
AND MANAGEMENT.—Chapter 147 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2490b. Contracts with other agencies and instru-
mentalities for goods and services
‘‘An agency or instrumentality of the Department of
Defense that supports the operation of the exchange or
morale, welfare, and recreation systems of the Department
of Defense may enter into a contract or other agreement
with another department, agency, or instrumentality of
the Department of Defense or another Federal agency to
provide goods and services beneficial to the efficient man-
agement and operation of the exchange or morale, welfare,
and recreation systems.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2490b. Contracts with other agencies and instrumentalities for goods and serv-
ices.’’.
101
SEC. 342. NONCOMPETITIVE PROCUREMENT OF BRAND-
NAME COMMERCIAL ITEMS FOR RESALE IN
COMMISSARY STORES.
(a) CLARIFICATION OF EXCEPTION TO COMPETITIVE
PROCUREMENT.—Section 2486 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(e) The Secretary of Defense may not use the excep-
tion provided in section 2304(c)(5) of this title regarding
the procurement of a brand-name commercial item for re-
sale in commissary stores unless the commercial item is
regularly sold outside of commissary stores under the
same brand name as the name by which the commercial
item will be sold in commissary stores.’’.
(b) EFFECT ON EXISTING CONTRACTS.—The amend-
ment made by subsection (a) shall not affect the terms,
conditions, or duration of any contract entered into by the
Secretary of Defense before the date of the enactment of
this Act for the procurement of commercial items for re-
sale in commissary stores.
SEC. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY
EXPLICIT MATERIAL.
(a) IN GENERAL—(1) Chapter 147 of title 10, United
States Code, is amended by adding after section 2490b,
as added by section 341, the following new section:
102
‘‘§ 2490c. Sale or rental of sexually explicit material
prohibited
‘‘(a) PROHIBITION OF SALE OR RENTAL.—The Sec-
retary of Defense may not permit the sale or rental of
sexually explicit written or videotaped material on prop-
erty under the jurisdiction of the Department of Defense.
‘‘(b) PROHIBITION OF OFFICIALLY PROVIDED SEXU-
ALLY EXPLICIT MATERIAL.—A member of the armed
forces or a civilian officer or employee of the Department
of Defense acting in an official capacity for sale, remu-
neration, or rental may not provide sexually explicit mate-
rial to another person.
‘‘(c) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to implement this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘sexually explicit material’ means
an audio recording, a film or video recording, or a
periodical with visual depictions, produced in any
medium, the dominant theme of which depicts or de-
scribes nudity, including sexual or excretory activi-
ties or organs, in a lascivious way.
‘‘(2) The term ‘property under the jurisdiction
of the Department of Defense’ includes com-
missaries, all facilities operated by the Army and Air
Force Exchange Service, the Navy Exchange Service
103
Command, the Navy Resale and Services Support
Office, Marine Corps exchanges, and ship stores.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding after the item relating to
section 2490b, as added by section 341, the following new
item:
‘‘2490c. Sale or rental of sexually explicit material prohibited.’’.
(b) EFFECTIVE DATE.—Subsection (a) of section
2490c of title 10, United States Code, as added by sub-
section (a) of this section, shall take effect 90 days after
the date of the enactment of this Act.
Subtitle F—Performance of Func-
tions by Private-Sector Sources
SEC. 351. EXTENSION OF REQUIREMENT FOR COMPETITIVE
PROCUREMENT OF PRINTING AND DUPLICA-
TION SERVICES.
(a) EXTENSION.—Section 351(a) of the National De-
fense Authorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 266) is amended by striking out ‘‘fis-
cal year 1996’’ and inserting in lieu thereof ‘‘fiscal years
1996 and 1997’’.
(b) REPORTING REQUIREMENTS.—Such section is
further amended by adding at the end the following new
subsection:
‘‘(c) REPORTING REQUIREMENTS.—(1) Not later
than 90 days after the end of each fiscal year in which
104
the requirement of subsection (a) applies, the Secretary
of Defense shall submit to Congress a report—
‘‘(A) describing the extent of the compliance of
the Secretary with the requirement during that fiscal
year;
‘‘(B) specifying the total volume of printing and
duplication services procured by Department of De-
fense during that fiscal year—
‘‘(i) from sources within the Department of
Defense;
‘‘(ii) from private-sector sources; and
‘‘(iii) from other sources in the Federal
Government; and
‘‘(C) specifying the total volume of printed and
duplicated material during that fiscal year covered
by the exception in subsection (b).
‘‘(2) The report required for fiscal year 1996 shall
also include the plans of the Secretary for further imple-
mentation of the requirement of subsection (a) during fis-
cal year 1997.’’.
105
SEC. 352. REQUIREMENT REGARDING USE OF PRIVATE
SHIPYARDS FOR COMPLEX NAVAL SHIP RE-
PAIR CONTRACTS.
(a) IN GENERAL.—(1) Chapter 633 of title 10, Unit-
ed States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 7315. Use of private shipyards for complex ship re-
pair work: limitation to certain shipyards
‘‘(a) LIMITATION ON REPAIR LOCATIONS.—When-
ever a naval vessel (other than a submarine) is to undergo
complex ship repairs and the Secretary of the Navy deter-
mines that a private shipyard contractor is to be used for
the work required, such work—
‘‘(1) may be performed only by a qualifying
shipyard contractor; and
‘‘(2) shall be performed at the shipyard facility
of the contractor selected unless the Secretary deter-
mines that the work should be conducted elsewhere
in the interest of national security.
‘‘(b) QUALIFYING SHIPYARD CONTRACTOR.—For the
purposes of this section, a qualifying shipyard contractor,
with respect to the award of any contract for ship repair
work, is a private shipyard that—
‘‘(1) is capable of performing the repair and
overhaul of ships with a displacement of 800 tons or
more;
106
‘‘(2) performs at least 55 percent of repairs
with its own facilities and work force;
‘‘(3) possesses or has access to a dry-dock and
a pier with the capability to berth a ship with a dis-
placement of 800 tons or more; and
‘‘(4) has all the facilities and organizational ele-
ments needed for the repair of a ship with a dis-
placement of 800 tons or more.
‘‘(c) COMPLEX SHIP REPAIRS.—In this section, the
term ‘complex ship repairs’ means repairs to a vessel per-
formed at a shipyard that are estimated (before work on
the repairs by a shipyard begins) to require expenditure
of $750,000 or more.
‘‘(d) EXCEPTION REGARDING PACIFIC COAST.—This
section shall not apply in the case of complex ship repairs
to be performed at a shipyard facility located on the Pa-
cific Coast of the United States.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘7315. Use of private shipyards for complex ship repair work: limitation to cer-
tain shipyards.’’.
(b) EFFECTIVE DATE.—Section 7315 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to contracts for complex ship repairs
107
that are awarded after the date of the enactment of this
Act.
Subtitle G—Other Matters
SEC. 360. TERMINATION OF DEFENSE BUSINESS OPER-
ATIONS FUND AND PREPARATION OF PLAN
REGARDING 
IMPROVED 
OPERATION 
OF
WORKING-CAPITAL FUNDS.
(a) REPEAL OF DEFENSE BUSINESS OPERATIONS
FUND.—(1) Section 2216 of title 10, United States Code,
as added by section 371(a) of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 277), is repealed.
(2) The table of sections at the beginning of chapter
131 of title 10, United States Code, is amended by strik-
ing out the item relating to such section.
(3) The amendments made by this subsection shall
take effect on October 1, 1998.
(b) PLAN FOR IMPROVED OPERATION OF WORKING-
CAPITAL FUNDS.—Not later than September 30, 1997,
the Secretary of Defense shall submit to Congress a plan
to improve the management and performance of the indus-
trial, commercial, and support type activities of the mili-
tary departments or the Defense Agencies that are cur-
rently managed through the Defense Business Operations
Fund.
108
(c) ELEMENTS OF PLAN.—The plan required by sub-
section (b) shall address the following issues:
(1) The ability of each military department to
set working capital requirements and set charges at
its own industrial and supply activities.
(2) The desirability of separate business ac-
counts for the management of both industrial and
supply activities for each military department.
(3) Liability for operating losses at industrial
and supply activities.
(4) Reimbursement to the Department of De-
fense for each military department’s fair share of
the costs of legitimate common business support
services provided by the Department of Defense
(such as accounting and financial services and
central logistics services).
(5) The role of the Department of Defense in
setting charges or imposing surcharges for activities
managed by the military department business ac-
counts (except for the common business support
costs described in paragraph (4)), and what such
charges should properly reflect.
(6) The appropriate use of operating profits
arising from the operations of the industrial and
supply activities of a military department.
109
(7) The ability of military departments to pur-
chase industrial and supply services from, and pro-
vide such services to, other military departments.
(8) Standardization of financial management
and accounting practices employed by military de-
partment business accounts.
(9) Reporting requirements related to actual
and projected performance of military department
business management account activities.
SEC. 361. INCREASE IN CAPITAL ASSET THRESHOLD UNDER
DEFENSE BUSINESS OPERATIONS FUND.
Section 2216 of title 10, United States Code, as
added by section 371(a) of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–106;
110 Stat. 227), is amended in subsection (i)(1) by striking
out ‘‘$50,000’’ and inserting in lieu thereof ‘‘$100,000’’.
SEC. 362. TRANSFER OF EXCESS PERSONAL PROPERTY TO
SUPPORT LAW ENFORCEMENT ACTIVITIES.
(a) TRANSFER AUTHORITY.—(1) Chapter 153 of title
10, United States Code, is amended by inserting after sec-
tion 2576 the following new section:
‘‘§ 2576a. Excess personal property: sale or donation
for law enforcement activities
‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding
any other provision of law and subject to subsection (b),
110
the Secretary of Defense may transfer to Federal and
State agencies personal property of the Department of De-
fense, including small arms and ammunition, that the Sec-
retary determines is—
‘‘(A) suitable for use by the agencies in law en-
forcement activities, including counter-drug activi-
ties; and
‘‘(B) excess to the needs of the Department of
Defense.
‘‘(2) The Secretary shall carry out this section in con-
sultation with the Attorney General and the Director of
National Drug Control Policy.
‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary
may transfer personal property under this section only
if—
‘‘(1) the property is drawn from existing stocks
of the Department of Defense; and
‘‘(2) the transfer is made without the expendi-
ture of any funds available to the Department of
Defense for the procurement of defense equipment.
‘‘(c) CONSIDERATION.—Personal property may be
transferred under this section without cost to the recipient
agency.
‘‘(d) PREFERENCE FOR CERTAIN TRANSFERS.—In
considering applications for the transfer of personal prop-
111
erty under this section, the Secretary shall give a pref-
erence to those applications indicating that the transferred
property will be used in the counter-drug activities of the
recipient agency.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2576 the following new item:
‘‘2576a. Excess personal property: sale or donation for law enforcement activi-
ties.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 1208
of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101–189; 10 U.S.C.
372 note) is repealed.
(2) Section 1005 of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101–510; 104
Stat. 1630) is amended by striking out ‘‘section 1208 of
the National Defense Authorization Act for Fiscal Years
1990 and 1991 (10 U.S.C. 372 note) and section 372’’
and inserting in lieu thereof ‘‘sections 372 and 2576a’’.
SEC. 363. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANS-
PORTATION.
(a) STORAGE AUTHORIZED.—(1) Section 2634 of
title 10, United States Code, is amended by adding at the
end the following new subsection:
‘‘(g)(1) In lieu of transportation authorized by this
section, if a member is ordered to make a change of per-
112
manent station to a foreign country and the laws, regula-
tions, or other restrictions imposed by the foreign country
or the United States preclude entry of a motor vehicle de-
scribed in subsection (a) into that country, or would re-
quire extensive modification of the vehicle as a condition
to entry, the member may elect to have the vehicle stored
at the expense of the United States at a location approved
by the Secretary concerned.
‘‘(2) If a member is transferred or assigned to duty
at a location other than the permanent station of the
member for a period of more than 30 consecutive days,
but the transfer or assignment is not considered a change
of permanent station, the member may elect to have a
motor vehicle described in subsection (a) stored at the ex-
pense of the United States at a location approved by the
Secretary concerned.
‘‘(3) Authorized expenses under this subsection in-
clude costs associated with the delivery of the motor vehi-
cle for storage and removal of the vehicle for delivery to
a destination approved by the Secretary concerned.’’.
(2)(A) The heading of such section is amended to
read as follows:
113
‘‘§ 2634. Motor vehicles: transportation or storage for
members on change of permanent station
or extended deployment’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 157 of title 10, United
States Code, is amended to read as follows:
‘‘2634. Motor vehicles: transportation or storage for members on change of per-
manent station or extended deployment.’’.
(b) CONFORMING AMENDMENT.—Section 406(h)(1)
of title 37, United States Code, is amended by striking
out subparagraph (B) and inserting in lieu thereof the fol-
lowing new subparagraph:
‘‘(B) in the case of a member described in para-
graph (2)(A), authorize the transportation of one
motor vehicle, which is owned or leased by the mem-
ber (or a dependent of the member) and is for the
personal use of a dependent of the member, to that
location by means of transportation authorized
under section 2634 of title 10 or authorize the stor-
age of the motor vehicle pursuant to subsection (g)
of such section.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on July 1, 1997.
114
SEC. 364. CONTROL OF TRANSPORTATION SYSTEMS IN
TIME OF WAR.
(a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—
Chapter 157 of title 10, United States Code is amended
by adding at the end the following new section:
‘‘§ 2644. Control of transportation systems in time of
war
‘‘In time of war, the President, acting through the
Secretary of Defense, may take possession and assume
control of all or any part of a system of transportation
to transport troops, war material, and equipment, or for
other purposes related to the emergency. So far as nec-
essary, the Secretary may use the transportation system
to the exclusion of other traffic.’’.
(b) CONFORMING REPEALS.—Sections 4742 and
9742 of title 10, United States Code are repealed.
(c) CLERICAL AMENDMENTS.—(1) The table of sec-
tions at the beginning of chapter 447 of such title is
amended by striking out the item relating to section 4742.
(2) The table of sections at the beginning of chapter
947 of such title is amended by striking out the item relat-
ing to section 9742.
(3) The table of sections at the beginning of chapter
157 of such title 10 is amended by inserting after the item
relating to section 2643 the following new item:
‘‘2644. Control of transportation systems in time of war.’’.
115
SEC. 365. SECURITY PROTECTIONS AT DEPARTMENT OF DE-
FENSE FACILITIES IN NATIONAL CAPITAL RE-
GION.
(a) EXPANSION OF AUTHORITY.—Subsection (b) of
section 2674 of title 10, United States Code, is amended
by striking out ‘‘at the Pentagon Reservation’’ and insert-
ing in lieu thereof ‘‘in the National Capital Region’’.
(b) CLERICAL AMENDMENT.—(1) The heading of
such section is amended to read as follows:
‘‘§ 2674. Operation and control of Pentagon Reserva-
tion and defense facilities in National
Capital Region’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
‘‘2674. Operation and control of Pentagon Reservation and defense facilities in
National Capital Region.’’.
SEC. 366. MODIFICATIONS TO ARMED FORCES RETIRE-
MENT HOME ACT OF 1991.
(a) TERM OF OFFICE.—Section 1515 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 415)
is amended—
(1) in subsection (e), by adding at the end the
following:
‘‘(3) The chairman of the Retirement Home Board
may appoint a member of the Retirement Home Board
116
for a second consecutive term. The chairman of a Local
Board may appoint a member of that Local Board for a
second consecutive term.’’; and
(2) by striking out subsection (f) and inserting
in lieu thereof the following:
‘‘(f) EARLY EXPIRATION OF TERM.—A member of
the Armed Forces or Federal civilian employee who is ap-
pointed as a member of the Retirement Home Board or
a Local Board may serve as a board member only so long
as the member of the Armed Forces or Federal civilian
employee is assigned to or serving in the duty position that
gave rise to the appointment as a board member.’’.
(b) 
DISPOSAL
OF
REAL
PROPERTY.—Section
1516(d) of such Act (24 U.S.C. 416(d)) is amended by
striking out ‘‘(d)’’ and all that follows through the end
of paragraph (1) and inserting in lieu thereof the follow-
ing:
‘‘(d) DISPOSAL OF REAL PROPERTY.—(1) The Re-
tirement Home Board may dispose of real property of the
Retirement Home by sale or otherwise, except that the dis-
posal may not occur until after the end of a period of 30
legislative days or 60 calendar days, whichever is longer,
beginning on the date on which the Retirement Home
Board notifies the Committee on Armed Services of the
Senate and the Committee on National Security of the
117
House of Representatives of the proposed disposal. The
Federal Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.), section 501 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11411),
and any other provision of law or regulation relating to
the handling or disposal of real property by the United
States shall not apply to the disposal of real property by
the Retirement Home Board.’’.
(c) ANNUAL EVALUATION OF DIRECTORS.—Section
1517 of such Act (24 U.S.C. 417) is amended by striking
out subsection (f) and inserting in lieu thereof the follow-
ing:
‘‘(f) ANNUAL EVALUATION
OF DIRECTORS.—The
chairman of the Retirement Home Board shall annually
evaluate the performance of the Directors and shall make
such recommendations to the Secretary of Defense as the
chairman considers appropriate in light of the evalua-
tion.’’.
(d) EFFECT
OF
AMENDMENT.—The amendment
made by subsection (a)(2) shall not affect the staggered
terms of members of the Armed Forces Retirement Home
Board or a Local Board of the Retirement Home under
section 1515(f) of such Act, as in effect before the date
of the enactment of this Act.
118
SEC. 367. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE
PROGRAM FOR FISCAL YEAR 1997.—Of the amounts au-
thorized to be appropriated in section 301(5)—
(1) $50,000,000 shall be available for providing
educational agencies assistance (as defined in sub-
section (d)(1)) to local educational agencies; and
(2) $8,000,000 shall be available for making
educational agencies payments (as defined in sub-
section (d)(2)) to local educational agencies.
(b) NOTIFICATION.—Not later than June 30, 1997,
the Secretary of Defense shall—
(1) notify each local educational agency that is
eligible for educational agencies assistance for fiscal
year 1997 of that agency’s eligibility for such assist-
ance and the amount of such assistance for which
that agency is eligible; and
(2) notify each local educational agency that is
eligible for an educational agencies payment for fis-
cal year 1997 of that agency’s eligibility for such
payment and the amount of the payment for which
that agency is eligible.
119
(c) DISBURSEMENT OF FUNDS.—The Secretary of
Defense shall disburse funds made available under para-
graphs (1) and (2) of subsection (a) not later than 30
days after the date on which notification to the eligible
local educational agencies is provided pursuant to sub-
section (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘educational agencies payments’’
means payments authorized under section 386(d) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(3) The term ‘‘local educational agency’’ has
the meaning given that term in section 8013(9) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
120
SEC. 368. RETENTION OF CIVILIAN EMPLOYEE POSITIONS
AT 
MILITARY 
TRAINING 
BASES 
TRANS-
FERRED TO NATIONAL GUARD.
(a) 
MILITARY
TRAINING
INSTALLATIONS
AF-
FECTED.—This section applies with respect to each mili-
tary training installation that—
(1) was approved for closure in 1995 under the
Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note);
(2) is scheduled for transfer during fiscal year
1997 to National Guard operation and control; and
(3) will continue to be used, after such transfer,
to provide training support to active and reserve
components of the Armed Forces.
(b) RETENTION OF EMPLOYEE POSITIONS.—In the
case of a military training installation described in sub-
section (a), the Secretary of Defense shall retain civilian
employee positions of the Department of Defense at the
installation after transfer to the National Guard to facili-
tate active and reserve component training at the installa-
tion.
(c) MAXIMUM POSITIONS RETAINED.—The maxi-
mum number of civilian employee positions retained at an
installation under this section shall not exceed 20 percent
121
of the Federal civilian workforce employed at the installa-
tion as of September 8, 1995.
(d) REMOVAL OF POSITION.—The requirement to
maintain a civilian employee position at an installation
under this section shall terminate upon the later of the
following:
(1) The date of the departure or retirement of
the civilian employee initially employed or retained
in a civilian employee position at the installation as
a result of this section.
(2) The date on which the Secretary certifies to
Congress that a civilian employee position at the in-
stallation is no longer required to ensure that effec-
tive support is provided at the installation for active
and reserve component training.
SEC. 369. EXPANSION OF AUTHORITY TO DONATE UNUS-
ABLE FOOD.
(a) AUTHORITY FOR DONATIONS FROM DEFENSE
AGENCIES.—Section 2485 of title 10, United States Code,
is amended by striking out ‘‘Secretary of a military de-
partment’’ in subsections (a) and (b) and inserting in lieu
thereof ‘‘Secretary of Defense’’.
(b) EXPANSION
OF ELIGIBLE RECIPIENTS.—Such
section is further amended—
122
(1) in subsection (a), by striking out ‘‘author-
ized charitable nonprofit food banks’’ and inserting
in lieu thereof ‘‘entities specified under subsection
(d)’’; and
(2) in subsection (d), by striking out ‘‘may only
be made’’ and all that follows and inserting in lieu
thereof the following: ‘‘may only be made to an en-
tity that is one of the following:
‘‘(1) A charitable nonprofit food bank that is
designated by the Secretary of Defense or the Sec-
retary of Health and Human Services as authorized
to receive such donations.
‘‘(2) A State or local agency that is designated
by the Secretary of Defense or the Secretary of
Health and Human Services as authorized to receive
such donations.
‘‘(3) A chapter or other local unit of a recog-
nized national veterans organization that provides
services to persons without adequate shelter and is
designated by the Secretary of Veterans Affairs as
authorized to receive such donations.
‘‘(4) A not-for-profit organization that provides
care for homeless veterans and is designated by the
Secretary of Veterans Affairs as authorized to re-
ceive such donations.’’.
123
(c) CLARIFICATION OF FOOD THAT MAY BE DO-
NATED.—Subsection (b) of such section is further amend-
ed by inserting ‘‘rations known as humanitarian daily ra-
tions (HDRs),’’ after ‘‘(MREs),’’.
TITLE IV—MILITARY
PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 1997, as follows:
(1) The Army, 495,000.
(2) The Navy, 407,318.
(3) The Marine Corps, 174,000.
(4) The Air Force, 381,100.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUP-
PORT 
TWO 
MAJOR 
REGIONAL 
CONTIN-
GENCIES.
Section 691 of title 10, United States Code, is
amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by striking out subsection (c) and inserting
in lieu thereof the following:
‘‘(c) The budget for the Department of Defense for
any fiscal year as submitted to Congress shall include
124
amounts for funding for each of the armed forces (other
than the Coast Guard) at least in the amounts necessary
to maintain the active duty end strengths prescribed in
subsection (b), as in effect at the time that such budget
is submitted.
‘‘(d) No funds appropriated to the Department of De-
fense may be used to implement a reduction of the active
duty end strength for any of the armed forces (other than
the Coast Guard) for any fiscal year below the level speci-
fied in subsection (b) unless the reduction in end strength
for that armed force for that fiscal year is specifically au-
thorized by law.’’.
SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED
OFFICERS ON ACTIVE DUTY IN GRADES OF
MAJOR, LIEUTENANT COLONEL, AND COLO-
NEL AND NAVY GRADES OF LIEUTENANT
COMMANDER, COMMANDER, AND CAPTAIN.
(a) REVISION IN ARMY, AIR FORCE, AND MARINE
CORPS LIMITATIONS.—The table in paragraph (1) of sec-
tion 523(a) of title 10, United States Code, is amended
to read as follows:
‘‘Total number of commissioned officers (ex-
cluding officers in categories specified in sub-
section (b)) on active duty:
Number of officers who may be serving on active duty in the
grade of:
Major
Lieutenant Colonel
Colonel
Army:
35,000 ......................................
8,922
6,419
2,163
40,000 ......................................
9,614
6,807
2,347
45,000 ......................................
10,305
7,196
2,530
50,000 ......................................
10,997
7,584
2,713
55,000 ......................................
11,688
7,973
2,897
125
‘‘Total number of commissioned officers (ex-
cluding officers in categories specified in sub-
section (b)) on active duty:
Number of officers who may be serving on active duty in the
grade of:
Major
Lieutenant Colonel
Colonel
60,000 ......................................
12,380
8,361
3,080
65,000 ......................................
13,071
8,750
3,264
70,000 ......................................
13,763
9,138
3,447
75,000 ......................................
14,454
9,527
3,631
80,000 ......................................
15,146
9,915
3,814
85,000 ......................................
15,837
10,304
3,997
90,000 ......................................
16,529
10,692
4,181
95,000 ......................................
17,220
11,081
4,364
100,000 ....................................
17,912
11,469
4,548
110,000 ....................................
19,295
12,246
4,915
120,000 ....................................
20,678
13,023
5,281
130,000 ....................................
22,061
13,800
5,648
170,000 ....................................
27,593
16,908
7,116
Air Force:
35,000 ......................................
9,216
7,090
2,125
40,000 ......................................
10,025
7,478
2,306
45,000 ......................................
10,835
7,866
2,487
50,000 ......................................
11,645
8,253
2,668
55,000 ......................................
12,454
8,641
2,849
60,000 ......................................
13,264
9,029
3,030
65,000 ......................................
14,073
9,417
3,211
70,000 ......................................
14,883
9,805
3,392
75,000 ......................................
15,693
10,193
3,573
80,000 ......................................
16,502
10,582
3,754
85,000 ......................................
17,312
10,971
3,935
90,000 ......................................
18,121
11,360
4,115
95,000 ......................................
18,931
11,749
4,296
100,000 ....................................
19,741
12,138
4,477
105,000 ....................................
20,550
12,527
4,658
110,000 ....................................
21,360
12,915
4,838
115,000 ....................................
22,169
13,304
5,019
120,000 ....................................
22,979
13,692
5,200
125,000 ....................................
23,789
14,081
5,381
Marine Corps:
10,000 ......................................
2,525
1,480
571
12,500 ......................................
2,900
1,600
592
15,000 ......................................
3,275
1,720
613
17,500 ......................................
3,650
1,840
633
20,000 ......................................
4,025
1,960
654
22,500 ......................................
4,400
2,080
675
25,000 ......................................
4,775
2,200
695.’’
(b) REVISION IN NAVY LIMITATIONS.—The table in
paragraph (2) of such section is amended to read as fol-
lows:
‘‘Total number of commissioned officers (ex-
cluding officers in categories specified in sub-
section (b)) on active duty:
Number of officers who may be serving on active duty in grade
of:
Lieutenant com-
mander
Commander
Captain
Navy:
30,000 ......................................
7,331
5,018
2,116
126
‘‘Total number of commissioned officers (ex-
cluding officers in categories specified in sub-
section (b)) on active duty:
Number of officers who may be serving on active duty in grade
of:
Lieutenant com-
mander
Commander
Captain
33,000 ......................................
7,799
5,239
2,223
36,000 ......................................
8,267
5,460
2,330
39,000 ......................................
8,735
5,681
2,437
42,000 ......................................
9,203
5,902
2,544
45,000 ......................................
9,671
6,123
2,651
48,000 ......................................
10,139
6,343
2,758
51,000 ......................................
10,606
6,561
2,864
54,000 ......................................
11,074
6,782
2,971
57,000 ......................................
11,541
7,002
3,078
60,000 ......................................
12,009
7,222
3,185
63,000 ......................................
12,476
7,441
3,292
66,000 ......................................
12,944
7,661
3,398
70,000 ......................................
13,567
7,954
3,541
90,000 ......................................
16,683
9,419
4,254.’’
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect on September 1,
1997, except that with the approval of the Secretary of
Defense the Secretary of a military department may pre-
scribe an earlier date for that Secretary’s military depart-
ment. Any such date shall be published in the Federal
Register.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) FISCAL YEAR 1997.—The Armed Forces are au-
thorized strengths for Selected Reserve personnel of the
reserve components as of September 30, 1997, as follows:
(1) The Army National Guard of the United
States, 366,758.
(2) The Army Reserve, 215,179.
(3) The Naval Reserve, 96,304.
(4) The Marine Corps Reserve, 42,000.
127
(5) The Air National Guard of the United
States, 108,843.
(6) The Air Force Reserve, 73,281.
(7) The Coast Guard Reserve, 8,000.
(b) WAIVER AUTHORITY.—The Secretary of Defense
may vary the end strength authorized by subsection (a)
by not more than 2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent for a fiscal year shall be proportionately reduced
by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
such component which are on active duty (other
than for training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be proportion-
128
ately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1997, the following num-
ber of Reserves to be serving on full-time active duty or
full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United
States, 22,798.
(2) The Army Reserve, 11,729.
(3) The Naval Reserve, 16,603.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United
States, 10,378.
(6) The Air Force Reserve, 625.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.
(a) AUTHORIZATION FOR FISCAL YEAR 1997.—The
minimum number of military technicians as of the last day
of fiscal year 1997 for the reserve components of the Army
and the Air Force (notwithstanding section 129 of title
10, United States Code) shall be the following:
129
(1) For the Army Reserve, 6,799.
(2) For the Army National Guard of the United
States, 25,500.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United
States, 22,906.
(b) INFORMATION TO BE PROVIDED WITH FUTURE
AUTHORIZATION REQUESTS.—Section 10216 of title 10,
United States Code, is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the follow-
ing new subsection (b):
‘‘(b) INFORMATION REQUIRED TO BE SUBMITTED
WITH ANNUAL END STRENGTH AUTHORIZATION RE-
QUEST.—(1) The Secretary of Defense shall include as
part of the budget justification documents submitted to
Congress with the budget of the Department of Defense
for any fiscal year the following information with respect
to the end strengths for military technicians requested in
that budget pursuant to section 115(g) of this title, shown
separately for each of the Army and Air Force reserve
components:
130
‘‘(A) The number of dual-status technicians in
the high priority units and organizations specified in
subsection (a)(1).
‘‘(B) The number of technicians other than
dual-status technicians in the high priority units and
organizations specified in subsection (a)(1).
‘‘(C) The number of dual-status technicians in
other than high priority units and organizations
specified in subsection (a)(1).
‘‘(D) The number of technicians other than
dual-status technicians in other than high priority
units and organizations specified in subsection
(a)(1).
‘‘(2)(A) If the budget submitted to Congress for any
fiscal year requests authorization for that fiscal year
under section 115(g) of this title of a military technician
end strength for a reserve component of the Army or Air
Force in a number that constitutes a reduction from the
end strength minimum established by law for that reserve
component for the fiscal year during which the budget is
submitted, the Secretary of Defense shall submit to the
congressional defense committees with that budget a jus-
tification providing the basis for that requested reduction
in technician end strength.
131
‘‘(B) Any justification submitted under subparagraph
(A) shall clearly delineate—
‘‘(i) in the case of a reduction that includes a
reduction in technicians described in subparagraph
(A) or (C) of paragraph (1), the specific force struc-
ture reductions forming the basis for such requested
technician reduction (and the numbers related to
those force structure reductions); and
‘‘(ii) in the case of a reduction that includes re-
ductions in technicians described in subparagraphs
(B) or (D) of paragraph (1), the specific force struc-
ture reductions, Department of Defense civilian per-
sonnel reductions, or other reasons forming the basis
for such requested technician reduction (and the
numbers related to those reductions).’’.
(c) TECHNICAL AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a), by striking out ‘‘section
115’’ and inserting in lieu thereof ‘‘section 115(g)’’;
and
(2) in subsection (c), as redesignated by sub-
section (b)(1), by striking out ‘‘after the date of the
enactment of this section’’ both places it appears
and inserting in lieu thereof ‘‘after February 10,
1996,’’.
132
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal
year 1997 a total of $70,206,030,000. The authorization
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 1997.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Personnel Management
SEC. 501. AUTHORIZATION FOR SENIOR ENLISTED MEM-
BERS TO REENLIST FOR AN INDEFINITE PE-
RIOD OF TIME.
Subsection (d) of section 505 of title 10, United
States Code, is amended to read as follows:
‘‘(d)(1) For a member with less than 10 years of serv-
ice, the Secretary concerned may accept a reenlistment in
the Regular Army, Regular Navy, Regular Air Force, Reg-
ular Marine Corps, or Regular Coast Guard, as the case
may be, for periods of at least two but not more than six
years.
133
‘‘(2) At the discretion of the Secretary concerned, a
member with 10 or more years of service who reenlists
in the Regular Army, Regular Navy, Regular Air Force,
Regular Marine Corps, or Regular Coast Guard, as the
case may be, and who meets all qualifications for contin-
ued service, may be accepted for reenlistment of an un-
specified period of time.’’.
SEC. 502. AUTHORITY TO EXTEND ENTRY ON ACTIVE DUTY
UNDER THE DELAYED ENTRY PROGRAM.
Section 513(b) of title 10, United States Code, is
amended—
(1) by adding after the first sentence the follow-
ing new sentence: ‘‘The Secretary concerned may ex-
tend the 365-day period for any person for up to an
additional 180 days if the Secretary considers such
extension to be warranted on a case-by-case basis.’’;
and
(2) in the last sentence, by striking out ‘‘the
preceding sentence’’ and inserting in lieu thereof
‘‘under this subsection’’.
SEC. 503. PERMANENT AUTHORITY FOR NAVY SPOT PRO-
MOTIONS FOR CERTAIN LIEUTENANTS.
Section 5721 of title 10, United States Code, is
amended by striking out subsection (g).
134
SEC. 504. REPORTS ON RESPONSE TO RECOMMENDATIONS
CONCERNING IMPROVEMENTS TO DEPART-
MENT OF DEFENSE JOINT MANPOWER PROC-
ESS.
(a) SEMIANNUAL REPORT.—The Secretary of De-
fense shall submit to Congress a semiannual report on the
status of actions taken by the Secretary to implement the
recommendations made by the Department of Defense In-
spector General in the report of November 29, 1995, enti-
tled ‘‘Inspection of the Department of Defense Joint Man-
power Process’’ (Report No. 96–029). The first such re-
port shall be submitted not later than February 1, 1997.
(b) ADDITIONAL MATTER FOR FIRST REPORT.—As
part of the first report under subsection (a), the Secretary
shall include the following:
(1) The Secretary’s assessment as to the need
to establish a joint, centralized permanent organiza-
tion in the Department of Defense to determine,
validate, approve, and manage military and civilian
manpower requirements resources at joint organiza-
tions.
(2) The Secretary’s assessment of the Depart-
ment of Defense timeline and plan to increase the
capability of the joint professional military education
system (including the Armed Forces Staff College)
135
to overcome the capacity limitations cited in the re-
port referred to in subsection (a).
(3) The Secretary’s plan and timeline to pro-
vide the necessary training and education of reserve
component officers.
(c) GAO ASSESSMENT.—The Comptroller General of
the United States shall assess the completeness and ade-
quacy of the corrective actions taken by the Secretary with
respect to the matters covered in the report referred to
in subsection (a) and shall submit a report to Congress,
not later than one year after the date of enactment of this
Act, providing the Comptroller General’s findings and rec-
ommendations.
SEC. 505. FREQUENCY OF REPORTS TO CONGRESS ON
JOINT OFFICER MANAGEMENT POLICIES.
(a) CHANGE FROM SEMIANNUAL TO ANNUAL RE-
PORT.—Section 662(b) of title 10, United States Code, is
amended by striking out ‘‘REPORT.—The Secretary of De-
fense shall periodically (and not less often than every six
months) report to Congress on the promotion rates’’ and
inserting in lieu thereof ‘‘ANNUAL REPORT.—Not later
than January 1 of each year, the Secretary of Defense
shall submit to Congress a report on the promotion rates
during the preceding fiscal year’’.
136
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Such section is further amended—
(1) in the first sentence, by striking out
‘‘clauses’’ and inserting in lieu thereof ‘‘para-
graphs’’; and
(2) in the second sentence—
(A) by inserting ‘‘for any fiscal year’’ after
‘‘such objectives’’; and
(B) by striking out ‘‘periodic report re-
quired by this subsection’’ and inserting in lieu
thereof ‘‘report for that fiscal year’’.
SEC. 506. REPEAL OF REQUIREMENT THAT COMMISSIONED
OFFICERS BE INITIALLY APPOINTED IN A RE-
SERVE GRADE.
Section 532 of title 10, United States Code, is
amended by striking out subsection (e).
SEC. 507. CONTINUATION ON ACTIVE STATUS FOR CERTAIN
RESERVE OFFICERS OF THE AIR FORCE.
(a) AUTHORITY.—Section 14507 of title 10, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(c) TEMPORARY AUTHORITY TO RETAIN CERTAIN
OFFICERS DESIGNATED
AS JUDGE ADVOCATES.—(1)
Notwithstanding the provisions of subsections (a) and (b),
the Secretary of the Air Force may retain on the reserve
137
active-status list any reserve officer of the Air Force who
is designated as a judge advocate and who obtained the
first professional degree in law while on an educational
delay program subsequent to being commissioned through
the Reserve Officers’ Training Corps.
‘‘(2) No more than 50 officers may be retained on
the reserve active-status list under the authority of para-
graph (1) at any time.
‘‘(3) No officer may be retained on the reserve active-
status list under the authority of paragraph (1) for a pe-
riod exceeding three years from the date on which, but
for that authority, that officer would have been removed
from the reserve active-status list under subsection (a) or
(b).
‘‘(4) The authority of the Secretary of the Air Force
under paragraph (1) expires on September 30, 2003.’’.
(b) EFFECTIVE DATE.—Subsection (c) of section 14507
of title 10, United States Code, as added by subsection
(a), shall take effect on October 1, 1996.
SEC. 508. CLARIFICATION OF APPLICABILITY OF CERTAIN
MANAGEMENT 
CONSTRAINTS 
ON 
MAJOR
RANGE AND TEST FACILITY BASE STRUC-
TURE.
Section 129 of title 10, United States Code, is
amended—
138
(1) in subsection (c)(1), by inserting after ‘‘in-
dustrial-type activities’’ the following: ‘‘, the Major
Range and Test Facility Base,’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) Subsections (a), (b), and (c) apply to the Major
Range and Test Facility Base (MRTFB) at the installa-
tion level. With respect to the MRTFB structure, the term
‘‘funds made available’’ includes both direct appropriated
funds and funds provided by MRTFB customers.’’.
Subtitle B—Reserve Component
Matters
SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AU-
THORITY.
(a) IRR MEMBERS SUBJECT TO ORDER TO ACTIVE
DUTY OTHER THAN DURING WAR OR NATIONAL EMER-
GENCY.—Section 10144 of title 10, United States Code,
is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Within the Ready
Reserve’’; and
(2) by adding at the end the following:
‘‘(b)(1) Within the Individual Ready Reserve of each
reserve component there is a mobilization category of
members, as designated by the Secretary concerned, who
are subject to being ordered to active duty involuntarily
139
in accordance with section 12304 of this title. A member
may not be placed in that mobilization category unless—
‘‘(A) the member volunteers for that category;
and
‘‘(B) the member is selected for that category
by the Secretary concerned, based upon the needs of
the service and the grade and military skills of that
member.
‘‘(2) A member of the Individual Ready Reserve may
not be carried in the mobilization category of members
under paragraph (1) after the end of the 24-month period
beginning on the date of the separation of the member
from active service.
‘‘(3) The Secretary shall designate the grades and
critical military skills or specialities of members to be eligi-
ble for placement in such mobilization category.
‘‘(4) A member in such mobilization category shall
be eligible for benefits (other than pay and training) as
are normally available to members of the Selected Reserve,
as determined by the Secretary of Defense.’’.
(b) CRITERIA FOR ORDERING TO ACTIVE DUTY.—
Subsection (a) of section 12304 of title 10, United States
Code, is amended by inserting after ‘‘of this title),’’ the
following: ‘‘or any member in the Individual Ready Re-
140
serve mobilization category and designated as essential
under regulations prescribed by the Secretary concerned,’’.
(c) MAXIMUM NUMBER.—Subsection (c) of such sec-
tion is amended—
(1) by inserting ‘‘and the Individual Ready Re-
serve’’ after ‘‘Selected Reserve’’; and
(2) by inserting ‘‘, of whom not more than
30,000 may be members of the Individual Ready Re-
serve’’ before the period at the end.
(d) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in subsection (f), by inserting ‘‘or Individual
Ready Reserve’’ after ‘‘Selected Reserve’’;
(2) in subsection (g), by inserting ‘‘, or member
of the Individual Ready Reserve,’’ after ‘‘to serve as
a unit’’; and
(3) by adding at the end the following new sub-
section:
‘‘(i) For purposes of this section, the term ‘Individual
Ready Reserve mobilization category’ means, in the case
of any reserve component, the category of the Individual
Ready Reserve described in section 10144(b) of this
title.’’.
(e) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
141
‘‘§ 12304. Selected Reserve and certain Individual
Ready Reserve members; order to active
duty other than during war or national
emergency’’.
(2) The item relating to section 12304 in the table
of sections at the beginning of chapter 1209 of such title
is amended to read as follows:
‘‘12304. Selected Reserve and certain Individual Ready Reserve members; order
to active duty other than during war or national emergency’’.
SEC. 512. TRAINING FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Subsection (b) of section 12310 of title 10, United
States Code, is amended to read as follows:
‘‘(b) A Reserve on active duty as described in sub-
section (a) may be provided training and professional de-
velopment opportunities consistent with those provided to
other members on active duty, as the Secretary concerned
sees fit.’’.
SEC. 513. CLARIFICATION TO DEFINITION OF ACTIVE STA-
TUS.
Section 101(d)(4) of title 10, United States Code, is
amended by striking out ‘‘a reserve commissioned officer,
other than a commissioned warrant officer’’ and inserting
in lieu thereof ‘‘a member of a reserve component’’.
142
SEC. 514. APPOINTMENT ABOVE GRADE OF 0–2 IN THE
NAVAL RESERVE.
Paragraph (3) of section 12205(b) of title 10, United
States Code, is amended by inserting ‘‘or the Seaman to
Admiral Program’’ before the period at the end.
SEC. 515. REPORT ON NUMBER OF ADVISERS IN ACTIVE
COMPONENT SUPPORT OF RESERVES PILOT
PROGRAM.
(a) REPORT ON NUMBER OF ACTIVE COMPONENT
ADVISERS.—Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report setting forth the Secretary’s de-
termination as to the appropriate number of active compo-
nent personnel to be assigned to serve as advisers to re-
serve components under section 414 of the National De-
fense Authorization Act for Fiscal Years 1992 and 1993
(10 U.S.C. 12001 note). If the Secretary’s determination
is that such number should be a number other than the
required minimum number in effect under subsection (c)
of such section, the Secretary shall include in the report
an explanation providing the Secretary’s justification for
the number recommended.
(b) TECHNICAL AMENDMENT.—Section 414(a) of the
National Defense Authorization Act for Fiscal Years 1992
143
and 1993 (10 U.S.C. 12001 note) is amended by striking
out ‘‘During fiscal years 1992 and 1993, the Secretary
of the Army shall institute’’ and inserting in lieu thereof
‘‘The Secretary of the Army shall carry out’’.
SEC. 516. SENSE OF CONGRESS AND REPORT REGARDING
REEMPLOYMENT RIGHTS FOR MOBILIZED
RESERVISTS EMPLOYED IN FOREIGN COUN-
TRIES.
(a) SENSE OF CONGRESS.—Congress is concerned
about the lack of reemployment rights afforded Reserve
component members who reside in foreign countries and
either work for United States companies that maintain of-
fices or operations in foreign countries or work for foreign
employers. Being outside the jurisdiction of the United
States, these employers are not subject to the provisions
of chapter 43 of title 38, United States Code, known as
the Uniformed Services Employment and Reemployment
Rights Act (USERRA). The purpose of that Act is to pro-
vide statutory employment protections that include rein-
statement, seniority, status, and rate of pay coverage for
Reservists who are ordered to active duty for a specified
period of time, including involuntary active duty in sup-
port of an operational contingency. While most Reserve
members are afforded the protections of that Act (which
covers reemployment rights in their civilian jobs upon
144
completion of military service), approximately 2,000 mem-
bers of the Selected Reserve reside outside the United
States and its territories and, not being guaranteed the
job protection envisioned by the USERRA, are potentially
subject to reemployment problems after release from ac-
tive duty. During Operation Joint Endeavor, a number of
Reservists who are currently living and working abroad
and who were involuntarily ordered to active duty in sup-
port of that operation did in fact face reemployment prob-
lems with their civilian employers. This situation poses a
continuing personnel management challenge for the re-
serve components.
(b) RECOGNITION
OF PROBLEM.—Congress, while
recognizing that foreign governments and companies lo-
cated abroad, not being within the jurisdiction of the Unit-
ed States, cannot be required to comply with the provi-
sions of the Uniformed Services Employment and Reem-
ployment Rights Act, also recognizes that there is a need
to provide assistance to Reservists in the situation de-
scribed in subsection (a), both in the near term and the
long term.
(c) REPORT REQUIREMENT.—Not later than April 1,
1997, the Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives
145
a report that sets forth recommended actions to help alle-
viate reemployment problems for Reservists who are em-
ployed outside the United States and its territories by
United States companies that maintain offices or oper-
ations in foreign countries or by foreign employers. The
report shall include recommendations on the assistance
and support that may be required by other organizations
of the Government, including the Defense Attache´ Offices,
the Department of Labor, and the Department of State.
The report shall be prepared in consultation with the Sec-
retary of State and the Secretary of Labor.
SEC. 517. ELIGIBILITY FOR ENROLLMENT IN READY RE-
SERVE MOBILIZATION INCOME INSURANCE
PROGRAM.
Section 12524 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(g) MEMBERS OF INDIVIDUAL READY RESERVE.—
Notwithstanding any other provision of this section, and
pursuant to regulations issued by the Secretary, a member
of the Individual Ready Reserve who becomes a member
of the Selected Reserve shall not be denied eligibility to
purchase insurance under this chapter upon becoming a
member of the Selected Reserve unless the member pre-
viously declined to enroll in the program of insurance
146
under this chapter while a member of the Selected Re-
serve.’’.
Subtitle C—Jurisdiction and Pow-
ers of Courts-Martial for the Na-
tional Guard When Not in Fed-
eral Service
SEC. 531. COMPOSITION, JURISDICTION, AND PROCEDURES
OF COURTS-MARTIAL.
Section 326 of title 32, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ at the beginning of the
text of the section;
(2) by striking out the second sentence and in-
serting in lieu thereof the following: ‘‘They shall fol-
low substantially the forms and procedures provided
for those courts and shall provide accused members
of the National Guard the rights and protections
provided in those courts.’’; and
(3) by adding at the end the following:
‘‘(b) Courts-martial of the National Guard not in
Federal service do not have jurisdiction over those persons
who are subject to the jurisdiction of a court-martial pur-
suant to section 802 of title 10.
‘‘(c) A court-martial of the National Guard not in
Federal service shall have such jurisdiction and powers,
147
consistent with the provisions of this chapter, as may be
provided by the law of the State or Territory, Puerto Rico,
or District of Columbia in which the court-martial is con-
vened.’’.
SEC. 532. GENERAL COURTS-MARTIAL.
(a) CONVENING AUTHORITY.—Subsection (a) of sec-
tion 327 of title 32, United States Code, is amended by
inserting ‘‘or adjutant general’’ after ‘‘governor’’.
(b) PUNISHMENTS.—Subsection (b) of such section
is amended to read as follows:
‘‘(b) A general court-martial may sentence an ac-
cused, upon conviction, to any of the following punish-
ments:
‘‘(1) A fine of not more than $500 for a single
offense.
‘‘(2) Forfeiture of pay and allowances in an
amount of not more than $500 for a single offense
or any forfeiture of pay for not more than six
months.
‘‘(3) A reprimand.
‘‘(4) Dismissal, bad conduct discharge, or dis-
honorable discharge.
‘‘(5) In the case of an enlisted member, reduc-
tion to a lower grade.
‘‘(6) Confinement for not more than 180 days.
148
‘‘(7) Any combination of the punishments speci-
fied in paragraphs (1) through (6).’’.
(c) LIMITATION ON PUNITIVE DISCHARGES.—Such
section is further amended by adding at the end the fol-
lowing new subsection:
‘‘(c)(1) A dismissal or bad conduct or dishonorable
discharge may not be adjudged unless counsel was detailed
to represent the accused and a military judge was detailed
to the trial.
‘‘(2) In a case in which the sentence adjudged in-
cludes dismissal or a bad conduct or dishonorable dis-
charge, a verbatim record of the proceedings shall be
made.’’.
SEC. 533. SPECIAL COURTS-MARTIAL.
(a) CONVENING AUTHORITY.—Subsection (a) of sec-
tion 328 of title 32, United States Code, is amended by
inserting ‘‘, if a National Guard officer,’’ after ‘‘the com-
manding officer’’.
(b) PUNISHMENTS.—Subsection (b) of such section
is amended to read as follows:
‘‘(b) A special court-martial may sentence an ac-
cused, upon conviction, to any of the following punish-
ments:
‘‘(1) A fine of not more than $300 for a single
offense.
149
‘‘(2) Forfeiture of pay and allowances in an
amount of not more than $300 for a single offense,
but adjudged forfeiture of pay may not exceed two-
thirds pay per month and forfeitures may not extend
for more than six months.
‘‘(3) A reprimand.
‘‘(4) Bad conduct discharge.
‘‘(5) In the case of an enlisted member, reduc-
tion to a lower grade.
‘‘(6) Confinement for not more than 100 days.
‘‘(7) Any combination of the punishments speci-
fied in paragraphs (1) through (6).’’.
(c) LIMITATION ON BAD CONDUCT DISCHARGES.—
Subsection (c) of such section is amended to read as fol-
lows:
‘‘(c)(1) A bad conduct discharge may not be adjudged
unless counsel was detailed to represent the accused and
a military judge was detailed to the trial.
‘‘(2) In a case in which the sentence adjudged in-
cludes a bad conduct discharge, a verbatim record of the
proceedings shall be made.’’.
SEC. 534. SUMMARY COURTS-MARTIAL.
(a) CONVENING AUTHORITY.—Subsection (a) of sec-
tion 329 of title 32, United States Code, is amended—
150
(1) by inserting ‘‘, if a National Guard officer,’’
after ‘‘the commanding officer’’; and
(2) by inserting after the first sentence the fol-
lowing new sentence: ‘‘Summary courts-martial may
also be convened by superior authority.’’.
(b) JURISDICTION.—Subsection (a) of such section is
further amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following:
‘‘(2) A summary court-martial may not try a commis-
sioned officer.’’.
(c) PUNISHMENTS.—Subsection (b) of such section is
amended to read as follows:
‘‘(b) A summary court-martial may sentence an ac-
cused, upon conviction, to any of the following punish-
ments:
‘‘(1) A fine of not more than $200 for a single
offense.
‘‘(2) Forfeiture of pay and allowances in an
amount of not more than $200 for a single offense,
but not to exceed two-thirds of one month’s pay.
‘‘(3) Reduction to a lower grade.
‘‘(4) Any combination of the punishments speci-
fied in paragraphs (1) through (3).’’.
151
(d) CONSENT OF ACCUSED FOR SUMMARY COURT-
MARTIAL.—Such section is further amended by adding at
the end the following new subsection:
‘‘(c) An accused with respect to whom summary
courts-martial have jurisdiction may not be brought to
trial before a summary court-martial if the accused objects
thereto. If an accused so objects to trial by summary
court-martial, the convening authority may order trial by
special or general court-martial, as may be appropriate.’’.
SEC. 535. REPEAL OF AUTHORITY FOR CONFINEMENT IN
LIEU OF FINE.
Section 330 of title 32, United States Code, is re-
pealed.
SEC. 536. APPROVAL OF SENTENCE OF BAD CONDUCT DIS-
CHARGE OR CONFINEMENT.
(a) IN GENERAL.—Section 331 of title 32, United
States Code, is amended by striking out ‘‘or dishonorable
discharge’’ and inserting in lieu thereof ‘‘, bad conduct
discharge, dishonorable discharge, or confinement for
three months or more’’.
(b) CONFORMING AMENDMENT.—The heading of
such section is amended to read as follows:
152
‘‘§ 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
(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:
154
‘‘(b) An accused with respect to whom summary
courts-martial have jurisdiction may not be brought to
trial before a summary court-martial if the accused objects
thereto. If an accused so objects to trial by summary
court-martial, the convening authority may order trial by
special or general court-martial, as may be appropriate.’’;
and
(3) by designating as subsection (c) the sen-
tence beginning ‘‘Summary courts-martial may,’’.
(b) ARTICLE 54.—Section 854(c)(1) of such title is
amended by striking out ‘‘complete record of the proceed-
ings and testimony’’ and inserting in lieu thereof ‘‘ver-
batim record of the proceedings’’.
Subtitle D—Education and
Training Programs
SEC. 551. EXTENSION OF MAXIMUM AGE FOR APPOINT-
MENT AS A CADET OR MIDSHIPMAN IN THE
SENIOR 
RESERVE 
OFFICERS’ 
TRAINING
CORPS AND THE SERVICE ACADEMIES.
(a) 
SENIOR
RESERVE
OFFICERS’ 
TRAINING
CORPS.—Sections 2107(a) and 2107a(a) of title 10, Unit-
ed States Code, are amended—
(1) by striking out ‘‘25 years of age’’ and in-
serting in lieu thereof ‘‘27 years of age’’; and
155
(2) by striking out ‘‘29 years of age’’ and in-
serting in lieu thereof ‘‘30 years of age’’.
(b) UNITED STATES MILITARY ACADEMY.—Section
4346(a) of such title is amended by striking out ‘‘twenty-
second birthday’’ and inserting in lieu thereof ‘‘twenty-
third birthday’’.
(c) UNITED
STATES
NAVAL
ACADEMY.—Section
6958(a)(1) of such title is amended by striking out ‘‘twen-
ty-second birthday’’ and inserting in lieu thereof ‘‘twenty-
third birthday’’.
(d) UNITED STATES AIR FORCE ACADEMY.—Section
9346(a) of such title is amended by striking out ‘‘twenty-
second birthday’’ and inserting in lieu thereof ‘‘twenty-
third birthday’’.
SEC. 552. OVERSIGHT AND MANAGEMENT OF SENIOR RE-
SERVE OFFICERS’ TRAINING CORPS PRO-
GRAM.
(a) ENROLLMENT PRIORITY TO BE CONSISTENT
WITH PURPOSE OF PROGRAM.—(1) Section 2103 of title
10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(e) An educational institution at which a unit of the
program has been established shall give priority for enroll-
ment in the program to students who are eligible for ad-
vanced training under section 2104 of this title.’’.
156
(2) Section 2109 of such title is amended by adding
at the end the following new subsection:
‘‘(c)(1) A person who is not qualified for, and (as de-
termined by the Secretary concerned) will not be able to
become qualified for, advanced training by reason of one
or more of the requirements prescribed in paragraphs (1)
through (3) of section 2104(b) of this title shall not be
permitted to participate in—
‘‘(A) field training or a practice cruise under
section 2106(b)(6) of this title; or
‘‘(B) practical military training under sub-
section (a).
‘‘(2) The Secretary of the military department con-
cerned may waive the limitation in paragraph (1) under
procedures prescribed by the Secretary.’’.
(b) WEAR
OF
THE MILITARY UNIFORM.—Section
772(h) of such title is amended by inserting before the
period at the end the following: ‘‘if the wear of such uni-
form is specifically authorized under regulations pre-
scribed by the Secretary of the military department con-
cerned’’.
157
SEC. 553. ROTC SCHOLARSHIP STUDENT PARTICIPATION IN
SIMULTANEOUS MEMBERSHIP PROGRAM.
Section 2103 of title 10, United States Code, is
amended by adding after subsection (e), as added by sec-
tion 552, the following new subsection:
‘‘(f) The Secretary of Defense shall ensure that, in
carrying out the program, the Secretaries of the military
departments permit any person who is receiving financial
assistance under section 2107 of this title simultaneously
to be a member of the Selected Reserve.’’.
SEC. 554. EXPANSION OF ROTC ADVANCED TRAINING PRO-
GRAM TO INCLUDE GRADUATE STUDENTS.
(a) IN GENERAL.—Section 2107(c) of title 10, Unit-
ed States Code, is amended by inserting before the last
sentence the following new sentence: ‘‘The Secretary of the
military department concerned may provide similar finan-
cial assistance to a student enrolled in an advanced edu-
cation program beyond the baccalaureate degree level if
the student also is a cadet or midshipman in an advanced
training program.’’.
(b) DEFINITIONAL CHANGE.—Paragraph (3) of sec-
tion 2101 of title 10, United States Code, is amended by
inserting ‘‘students enrolled in an advanced education pro-
gram beyond the baccalaureate degree level or to’’ after
‘instruction offered in the Senior Reserve Officers’ Train-
ing Corps to’’.
158
SEC. 555. RESERVE CREDIT FOR MEMBERS OF ARMED
FORCES HEALTH PROFESSIONS SCHOLAR-
SHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) SERVICE CREDIT.—Section 2126 of title 10,
United States Code, is amended—
(1) by striking out ‘‘Service performed’’ and in-
serting in lieu thereof ‘‘(a) GENERAL RULE AGAINST
PROVISION OF SERVICE CREDIT.—Except as pro-
vided in subsection (b), service performed’’; and
(2) by adding at the end the following:
‘‘(b) SERVICE CREDIT FOR CERTAIN PURPOSES.—
(1) This subsection applies with respect to a member of
the Selected Reserve who—
‘‘(A) completed a course of study under this
subchapter as a member of the program;
‘‘(B) completed the active duty obligation im-
posed under section 2123(a) of this title; and
‘‘(C) possesses a specialty designated by the
Secretary concerned as critically needed in wartime.
‘‘(2) Upon satisfactory completion of a year of service
in the Selected Reserve by a member of the Selected Re-
serve described in paragraph (1), the Secretary concerned
may credit the member with a maximum of 50 points cred-
itable toward the computation of the member’s years of
service under section 12732(a)(2) of this title for one year
of participation in a course of study under this subchapter.
159
Not more than four years of participation in a course of
study under this subchapter may be considered under this
paragraph.
‘‘(3) In the case of a member of the Selected Reserve
described in paragraph (1), the Secretary concerned may
also credit the service of the member while pursuing a
course of study under this subchapter, but not to exceed
a total of four years, for purposes of computing years of
service creditable under section 205 of title 37.
‘‘(c) LIMITATIONS.—(1) A member of the Selected
Reserve relieved of any portion of the minimum active
duty obligation imposed under section 2123(a) of this title
may not receive any point or service credit under sub-
section (b).
‘‘(2) A member of the Selected Reserve awarded
points or service credit under subsection (b) shall not be
considered to have been in an active status, by reason of
the award of the points or credit, while pursuing a course
of study under this subchapter for purposes of any provi-
sion of law other than section 12732(a)(2) of this title
and section 205 of title 37.’’.
(b) RETROACTIVITY BARRED.—A member of the Se-
lected Reserve is not entitled to any retroactive award or
increase in pay or allowances as a result of the amend-
ments made by subsection (a).
160
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to individuals receiving financial
assistance under section 2107 of title 10, United States
Code, after September 30, 1996.
SEC. 556. EXPANSION OF ELIGIBILITY FOR EDUCATION
BENEFITS TO INCLUDE CERTAIN RESERVE
OFFICERS’ TRAINING CORPS (ROTC) PARTICI-
PANTS.
(a) ACTIVE DUTY SERVICE.—Section 3011(c) of title
38, United States Code, is amended—
(1) by striking out ‘‘or upon completion of a
program of educational assistance under section
2107 of title 10’’ in paragraph (2); and
(2) by adding at the end the following:
‘‘(3) An individual who after December 31, 1976, re-
ceives a commission as an officer in the Armed Forces
upon completion of a program of educational assistance
under section 2107 of title 10 is not eligible for edu-
cational assistance under this section if the individual en-
ters on active duty—
‘‘(A) before October 1, 1996; or
‘‘(B) after September 30, 1996, and while par-
ticipating in such program received more than
$2,000 for each year of such participation.’’.
161
(b) SELECTED RESERVE.—Section 3012(d) of title
38, United States Code, is amended—
(1) by striking out ‘‘or upon completion of a
program of educational assistance under section
2107 of title 10’’ in paragraph (2); and
(2) by adding at the end the following:
‘‘(3) An individual who after December 31, 1976, re-
ceives a commission as an officer in the Armed Forces
upon completion of a program of educational assistance
under section 2107 of title 10 is not eligible for edu-
cational assistance under this section if the individual en-
ters on active duty—
‘‘(A) before October 1, 1996; or
‘‘(B) after September 30, 1996, and while par-
ticipating in such program received more than
$2,000 for each year of such participation.’’.
SEC. 557. COMPTROLLER GENERAL REPORT ON COST AND
POLICY IMPLICATIONS OF PERMITTING UP
TO FIVE PERCENT OF SERVICE ACADEMY
GRADUATES TO BE ASSIGNED DIRECTLY TO
RESERVE DUTY UPON GRADUATION.
(a) REPORT REQUIRED.—The Comptroller General
of the United States 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