In the Senate of the United States,
July 10, 1996.
Resolved, That the bill from the House of Representa-
tives (H.R. 3230) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 1997 for military activities of the Depart-
ment of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for
other purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1997’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
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(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
Sec. 4. General limitation.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health program.
Sec. 109. Defense Nuclear Agency.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement of Javelin missile system.
Sec. 112. Army assistance for Chemical Demilitarization Citizens’ Advisory Com-
missions.
Sec. 113. Study regarding neutralization of the chemical weapons stockpile.
Sec. 114. Permanent authority to carry out arms initiative.
Sec. 115. Type classification of Electro Optic Augmentation (EOA) system.
Sec. 116. Bradley TOW 2 Test Program sets.
Sec. 117. Demilitarization of assembled chemical munitions.
Subtitle C—Navy Programs
Sec. 121. EA–6B aircraft reactive jammer program.
Sec. 122. Penguin missile program.
Sec. 123. Nuclear attack submarine programs.
Sec. 124. Arleigh Burke class destroyer program.
Sec. 125. Maritime prepositioning ship program enhancement.
Sec. 126. Additional exception from cost limitation for Seawolf submarine pro-
gram.
Sec. 127. Radar modernization.
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Subtitle D—Air Force Programs
Sec. 131. Multiyear contracting authority for the C–17 aircraft program.
Subtitle E—Reserve Components
Sec. 141. Assessments of modernization priorities of the reserve components.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Defense Nuclear Agency.
Sec. 204. Funds for research, development, test, and evaluation relating to hu-
manitarian demining technologies.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Space launch modernization.
Sec. 212. Department of Defense Space Architect.
Sec. 213. Space-based infrared system program.
Sec. 214. Research for advanced submarine technology.
Sec. 215. Clementine 2 micro-satellite development program.
Sec. 216. Tier III minus unmanned aerial vehicle.
Sec. 217. Defense airborne reconnaissance program.
Sec. 218. Cost analysis of F–22 aircraft program.
Sec. 219. F–22 aircraft program reports.
Sec. 220. Nonlethal weapons and technologies programs.
Sec. 221. Counterproliferation support program.
Sec. 222. Federally funded research and development centers and university-affili-
ated research centers.
Sec. 223. Advanced submarine technologies.
Sec. 224. Funding for basic research in nuclear seismic monitoring.
Sec. 225. Cyclone class craft self-defense.
Sec. 226. Computer-assisted education and training.
Sec. 227. Seamless High Off-Chip Connectivity.
Sec. 228. Cost-benefit analysis of F/A–18E/F aircraft program.
Sec. 229. National Polar-Orbiting Operational Environmental Satellite System.
Sec. 230. Surgical strike vehicle for use against hardened and deeply buried tar-
gets.
Subtitle C—Ballistic Missile Defense
Sec. 231. Conversion of ABM treaty to multilateral treaty.
Sec. 232. Funding for upper tier theater missile defense systems.
Sec. 233. Elimination of requirements for certain items to be included in the an-
nual report on the ballistic missile defense program.
Sec. 234. ABM treaty defined.
Sec. 235. Scorpius space launch technology program.
Sec. 236. Corps SAM/MEADS program.
Sec. 237. Annual report on threat of attack by ballistic missiles carrying nuclear,
chemical, or biological warheads.
Sec. 238. Air Force national missile defense plan.
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Sec. 239. Extension of prohibition on use of funds to implement an international
agreement concerning theater missile defense systems.
Subtitle D—Other Matters
Sec. 241. Live-fire survivability testing of F–22 aircraft.
Sec. 242. Live-fire survivability testing of V–22 aircraft.
Sec. 243. Amendment to University Research Initiative Support Program.
Sec. 244. Desalting technologies.
Subtitle E—National Oceanographic Partnership
Sec. 251. Short title.
Sec. 252. National Oceanographic Partnership Program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Defense Nuclear Agency.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol.
Sec. 306. SR–71 contingency reconnaissance force.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 311. Funding for second and third maritime prepositioning ships out of Na-
tional Defense Sealift Fund.
Sec. 312. National Defense Sealift Fund.
Sec. 313. Nonlethal weapons capabilities.
Sec. 314. Restriction on Coast Guard funding.
Sec. 315. Ocenographic ship operations and data analysis.
Subtitle C—Depot-Level Activities
Sec. 321. Department of Defense performance of core logistics functions.
Sec. 322. Increase in percentage limitation on contractor performance of depot-
level maintenance and repair workloads.
Sec. 323. Report on depot-level maintenance and repair.
Sec. 324. Depot-level maintenance and repair workload defined.
Sec. 325. Strategic plan relating to depot-level maintenance and repair.
Sec. 326. Annual report on competitive procedures.
Sec. 327. Annual risk assessments regarding private performance of depot-level
maintenance work.
Sec. 328. Extension of authority for naval shipyards and aviation depots to en-
gage in defense-related production and services.
Sec. 329. Limitation on use of funds for F–18 aircraft depot maintenance.
Sec. 330. Depot maintenance and repair at facilities closed by BRAC.
Subtitle D—Environmental Provisions
Sec. 341. Establishment of separate environmental restoration accounts for each
military department.
Sec. 342. Defense contractors covered by requirement for reports on contractor re-
imbursement costs for response actions.
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Sec. 343. Repeal of redundant notification and consultation requirements regard-
ing remedial investigations and feasibility studies at certain in-
stallations to be closed under the base closure laws.
Sec. 344. Payment of certain stipulated civil penalties.
Sec. 345. Authority to withhold listing of Federal facilities on National Priorities
List.
Sec. 346. Authority to transfer contaminated Federal property before completion
of required remedial actions.
Sec. 347. Clarification of meaning of uncontaminated property for purposes of
transfer by the United States.
Sec. 348. Shipboard solid waste control.
Sec. 349. Cooperative agreements for the management of cultural resources on
military installations.
Sec. 350. Report on withdrawal of public lands at El Centro Naval Air Facility,
California.
Sec. 351. Use of hunting and fishing permit fees collected at closed military res-
ervations.
Sec. 352. Authority for agreements with Indian tribes for services under Environ-
mental Restoration Program.
Subtitle E—Other Matters
Sec. 361. Firefighting and security-guard functions at facilities leased by the
Government.
Sec. 362. Authorized use of recruiting funds.
Sec. 363. Noncompetitive procurement of brand-name commercial items for resale
in commissary stores.
Sec. 364. Administration of midshipmen’s store and other Naval Academy sup-
port activities as nonappropriated fund instrumentalities.
Sec. 365. Assistance to committees involved in inauguration of the President.
Sec. 366. Department of Defense support for sporting events.
Sec. 367. Renovation of building for Defense Finance and Accounting Service
Center, Fort Benjamin Harrison, Indiana.
Sec. 368. Computer Emergency Response Team at Software Engineering Insti-
tute.
Sec. 369. Reimbursement under agreement for instruction of civilian students at
Foreign Language Institute of the Defense Language Institute.
Sec. 370. Authority of Air National Guard to provide certain services at Lincoln
Municipal Airport, Lincoln Nebraska.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary flexibility relating to permanent end strength levels.
Sec. 403. Authorized strengths for commissioned officers in grades O–4, O–5, and
O–6.
Sec. 404. Extension of requirement for recommendations regarding appointments
to joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active duty in the
Marine Corps.
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.
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Sec. 413. Personnel management relating to assignment to service in the Selective
Service System.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Extension of authority for temporary promotions for certain Navy lieu-
tenants with critical skills.
Sec. 502. Exception to baccalaureate degree requirement for appointment in the
Naval Reserve in grades above O–2.
Sec. 503. Time for award of degrees by unaccredited educational institutions for
graduates to be considered educationally qualified for appoint-
ment as Reserve officers in grade O–3.
Sec. 504. Chief Warrant Officer promotions.
Sec. 505. Frequency of periodic report on promotion rates of officers currently or
formerly serving in joint duty assignments.
Sec. 506. Grade of Chief of Naval Research.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in simultaneous
membership program.
Subtitle B—Matters Relating to Reserve Components
Sec. 511. Clarification of definition of active status.
Sec. 512. Amendments to Reserve Officer Personnel Management Act provisions.
Sec. 513. Repeal of requirement for physical examinations of members of Na-
tional Guard called into Federal service.
Sec. 514. Authority for a Reserve on active duty to waive retirement sanctuary.
Sec. 515. Retirement of Reserves disabled by injury or disease incurred or aggra-
vated during overnight stay between inactive duty training peri-
ods.
Sec. 516. Reserve credit for participation in the Health Professions Scholarship
and Financial Assistance Program.
Sec. 517. Report on Guard and Reserve force structure.
Sec. 518. Modified end strength authorization for military technicians for the Air
National Guard for fiscal year 1997.
Subtitle C—Officer Education Programs
Sec. 521. Increased age limit on appointment as a cadet or midshipman in the
Senior Reserve Officers’ Training Corps and the service acad-
emies.
Sec. 522. Demonstration project for instruction and support of Army ROTC
units by members of the Army Reserve and National Guard.
Sec. 523. Prohibition on reorganization of Army ROTC Cadet Command of ter-
mination of Senior ROTC units pending report on ROTC.
Subtitle D—Other Matters
Sec. 531. Retirement at grade to which selected for promotion when a physical
disability is found at any physical examination.
Sec. 532. Limitations on recall of retired members to active duty.
Sec. 533. Disability coverage for officers granted excess leave for educational pur-
poses.
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Sec. 534. Uniform policy regarding retention of members who are permanently
nonworldwide assignable.
Sec. 535. Authority to extend period for enlistment in regular component under
the delayed entry program.
Sec. 536. Career service reenlistments for members with at least 10 years of serv-
ice.
Sec. 537. Revisions to missing persons authorities.
Sec. 538. Inapplicability of Soldiers’ and Sailors’ Civil Relief Act of 1940 to the
period of limitations for filing claims for corrections of military
records.
Sec. 539. Medal of Honor for certain African-American soldiers who served in
World War II.
Sec. 540. Chief and assistant chief of Army Nurse Corps.
Sec. 541. Chief and assistant chief of Air Force Nurse Corps.
Sec. 542. Waiver of time limitations for award of certain decorations to specified
persons.
Sec. 543. Military Personnel Stalking Punishment and Prevention Act of 1996.
Subtitle E—Commissioned Corps of the Public Health Service
Sec. 561. Applicability to Public Health Service of prohibition on crediting cadet
or midshipmen service at the service academies.
Sec. 562. Exception to grade limitations for Public Health Service officers as-
signed to the Department of Defense.
Subtitle F—Defense Economic Adjustment, Diversification,
Conversion, and Stabilization
Sec. 571. Authority to expand law enforcement placement program to include
firefighters.
Sec. 572. Troops-to-teachers program improvements.
Subtitle G—Armed Forces Retirement Home
Sec. 581. References to Armed Forces Retirement Home Act of 1991.
Sec. 582. Acceptance of uncompensated services.
Sec. 583. Disposal of real property.
Sec. 584. Matters concerning personnel.
Sec. 585. Fees for residents.
Sec. 586. Authorization of appropriations.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Basic allowance for quarters for members assigned to sea duty.
Sec. 605. Uniform applicability of discretion to deny an election not to occupy
Government quarters.
Sec. 606. Family separation allowance for members separated by military orders
from spouses who are members.
Sec. 607. Waiver of time limitations for claim for pay and allowances.
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Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse officer can-
didates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses and special
pays.
Sec. 614. Increased special pay for dental officers of the Armed Forces.
Sec. 615. Retention special pay for Public Health Service optometrists.
Sec. 616. Special pay for nonphysician health care providers in the Public
Health Service.
Sec. 617. Foreign language proficiency pay for Public Health Service and Na-
tional Oceanic and Atmospheric Administration officers.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Round trip travel allowances for shipping motor vehicles at Government
expense.
Sec. 622. Option to store instead of transport a privately owned vehicle at the
expense of the United States.
Sec. 623. Deferral of travel with travel and transportation allowances in connec-
tion with leave between consecutive overseas tours.
Sec. 624. Funding for transportation of household effects of Public Health Service
officers.
Subtitle D—Retired Pay, Survivor Benefits, and Related
Matters
Sec. 631. Effective date for military retiree cost-of-living adjustment for fiscal
year 1998.
Sec. 632. Allotment of retired or retainer pay.
Sec. 633. Cost-of-living increases in SBP contributions to be effective concurrently
with payment of related retired pay cost-of-living increases.
Sec. 634. Annuities for certain military surviving spouses.
Sec. 635. Adjusted annual income limitation applicable to eligibility for income
supplement for certain widows of members of the uniformed serv-
ices.
Sec. 636. Prevention of circumvention of court order by waiver of retired pay to
enhance civil service retirement annuity.
Subtitle E—Other Matters
Sec. 641. Reimbursement for adoption expenses incurred in adoptions through
private placements.
Sec. 642. Waiver of recoupment of amounts withheld for tax purposes from cer-
tain separation pay received by involuntarily separated mem-
bers and former members of the Armed Forces.
Sec. 643. Payment to Vietnamese commandos captured and interned by North
Vietnam.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—General
Sec. 701. Implementation of requirement for Selected Reserve dental insurance
plan.
Sec. 702. Dental insurance plan for military retirees and certain dependents.
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Sec. 703. Uniform composite health care system software.
Sec. 704. Enhancement of third-party collection and secondary payer authorities
under CHAMPUS.
Sec. 705. Codification of authority to credit CHAMPUS collections to program
accounts.
Sec. 706. Comptroller General review of health care activities of the Department
of Defense relating to Persian Gulf illnesses.
Sec. 707. Restoration of previous policy regarding restrictions on use of Depart-
ment of Defense Medical Facilities.
Sec. 708. Plans for medicare subvention demonstration programs.
Sec. 709. Research and benefits relating to Gulf War service.
Sec. 710. Preventive health care screening for colon and prostate cancer.
Subtitle B—Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services health care de-
livery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Modification of authority to carry out certain prototype projects.
Sec. 804. Revisions to the program for the assessment of the national defense tech-
nology and industrial base.
Sec. 805. Procurements to be made from small arms industrial base firms.
Sec. 806. Exception to prohibition on procurement of foreign goods.
Sec. 807. Treatment of Department of Defense cable television franchise agree-
ments.
Sec. 808. Remedies for reprisals against contractor employee whistleblowers.
Sec. 809. Implementation of information technology management reform.
Sec. 810. Research under transactions other than contracts and grants.
Sec. 811. Reporting requirement under demonstration project for purchase of fire,
security, police, public works, and utility services from local
Government agencies.
Sec. 812. Test programs for modernization-through-spares.
Sec. 813. Pilot program for transfer of defense technology information to private
industry.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—General Matters
Sec. 901. Repeal of reorganization of Office of Secretary of Defense.
Sec. 902. Codification of requirements relating to continued operation of the Uni-
formed Services University of the Health Sciences.
Sec. 903. Codification of requirement for United States Army Reserve Command.
Sec. 904. Transfer of authority to control transportation systems in time of war.
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Sec. 905. Redesignation of Office of Naval Records and History Fund and correc-
tion of related references.
Sec. 906. Role of Director of Central Intelligence in appointment and evaluation
of certain intelligence officials.
Sec. 907. Matters to be considered in next assessment of current missions, respon-
sibilities, and force structure of the unified combatant com-
mands.
Sec. 908. Actions to limit adverse effects of establishment of National Missile De-
fense Joint Program Office on private sector employment.
Subtitle B—National Imagery and Mapping Agency
Sec. 911. Short title.
Sec. 912. Findings.
PART I—ESTABLISHMENT
Sec. 921. Establishment, missions, and authority.
Sec. 922. Transfers.
Sec. 923. Compatibility with authority under the National Security Act of 1947.
Sec. 924. Other personnel management authorities.
Sec. 925. Creditable civilian service for career conditional employees of the De-
fense Mapping Agency.
Sec. 926. Saving provisions.
Sec. 927. Definitions.
Sec. 928. Authorization of appropriations.
PART II—CONFORMING AMENDMENTS AND EFFECTIVE DATES
Sec. 931. Redesignation and repeals.
Sec. 932. References.
Sec. 933. Headings and clerical amendments.
Sec. 934. Effective dates.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authority for obligation of certain unauthorized fiscal year 1996 de-
fense appropriations.
Sec. 1003. Authorization of prior emergency supplemental appropriations for fis-
cal year 1996.
Sec. 1004. Use of funds transferred to the Coast Guard.
Sec. 1005. Use of military-to-military contacts funds for professional military
education and training.
Sec. 1006. Payment of certain expenses relating to humanitarian and civic assist-
ance.
Sec. 1007. Reimbursement of Department of Defense for costs of disaster assist-
ance provided outside the United States.
Sec. 1008. Fisher House Trust Fund for the Navy.
Sec. 1009. Designation and liability of disbursing and certifying officials for the
Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against deceased
members of the Coast Guard.
Sec. 1011. Check cashing and exchange transactions with credit unions outside
the United States.
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Subtitle B—Naval Vessels and Shipyards
Sec. 1021. Authority to transfer naval vessels.
Sec. 1022. Transfer of certain obsolete tugboats of the Navy.
Sec. 1023. Repeal of requirement for continuous applicability of contracts for
phased maintenance of AE class ships.
Sec. 1024. Contract options for LMSR vessels.
Sec. 1025. Sense of the Senate concerning USS LCS 102 (LSSL 102).
Subtitle C—Counter-Drug Activities
Sec. 1031. Authority to provide additional support for counter-drug activities of
Mexico.
Sec. 1032. Limitation on defense funding of the National Drug Intelligence Cen-
ter.
Sec. 1033. Investigation of the National Drug Intelligence Center.
Subtitle D—Matters Relating to Foreign Countries
Sec. 1041. Agreements for exchange of defense personnel between the United States
and foreign countries.
Sec. 1042. Authority for reciprocal exchange of personnel between the United
States and foreign countries for flight training.
Sec. 1043. Extension of counterproliferation authorities.
Sec. 1044. Prohibition on collection and release of detailed satellite imagery relat-
ing to Israel and other countries and areas.
Sec. 1045. Defense burdensharing.
Sec. 1046. Sense of the Senate concerning export controls.
Sec. 1047. Report on NATO enlargement.
Subtitle E—Miscellaneous Reporting Requirements
Sec. 1051. Annual report on emerging operational concepts.
Sec. 1052. Annual joint warfighting science and technology plan.
Sec. 1053. Report on military readiness requirements of the Armed Forces.
Sec. 1054. Annual report of reserve forces policy board.
Sec. 1055. Information on proposed funding for the Guard and Reserve compo-
nents in future-years Defense programs.
Sec. 1056. Report on facilities used for testing launch vehicle engines.
Subtitle F—Other Matters
Sec. 1061. Uniform Code of Military Justice amendments.
Sec. 1062. Limitation on retirement or dismantlement of strategic nuclear deliv-
ery systems.
Sec. 1063. Correction of references to Department of Defense organizations.
Sec. 1064. Authority of certain members of the Armed Forces to perform notarial
or consular acts.
Sec. 1065. Training of members of the uniformed services at non-Government fa-
cilities.
Sec. 1066. Third-party liability to United States for tortious infliction of injury
or disease on members of the uniformed services.
Sec. 1067. Display of State flags at installations and facilities of the Department
of Defense.
Sec. 1068. George C. Marshall European Center for Strategic Security Studies.
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Sec. 1069. Authority to award to civilian participants in the defense of Pearl
Harbor the Congressional medal previously authorized only for
military participants in the defense of Pearl Harbor.
Sec. 1070. Michael O’Callaghan Federal Hospital, Las Vegas, Nevada.
Sec. 1071. Naming of building at the Uniformed Services University of the
Health Sciences.
Sec. 1072. Sense of the Senate regarding the United States-Japan semiconductor
trade agreement.
Sec. 1073. Food donation pilot program at the service academies.
Sec. 1074. Designation of memorial as National D–Day Memorial.
Sec. 1075. Improvements to National Security Education Program.
Sec. 1076. Reimbursement for excessive compensation of contractor personnel pro-
hibited.
Sec. 1077. Sense of the Senate on Department of Defense sharing of experiences
under military youth programs.
Sec. 1078. Sense of the Senate on Department of Defense sharing of experiences
with military child care.
Sec. 1079. Increase in penalties for certain traffic offenses on military installa-
tions.
Sec. 1080. Pharmaceutical industry special equity.
Sec. 1081. Clarification of national security systems to which the Information
Technology Management Reform Act of 1996 applies.
Sec. 1082. Sale of chemicals used to namufacture controlled substances by Federal
departments or agencies.
Sec. 1083. Operational support airlift aircraft.
Sec. 1084. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1085. Strengthening certain sanctions against nuclear proliferation activi-
ties.
Sec. 1086. Technical amendment.
Sec. 1087. Facility for military dependent children with disabilities, Lackland
Air Force Base, Texas.
Sec. 1088. Prohibition on the distribution of information relating to explosive
materials for a criminal purpose.
Sec. 1089. Exemption for savings institutions serving military personnel.
Subtitle G—Review of Armed Forces Force Structures
Sec. 1091. Short title.
Sec. 1092. Findings.
Sec. 1093. Quadrennial Defense Review
Sec. 1094. National Defense Panel.
Sec. 1095. Postponement of deadlines.
Sec. 1096. Definitions.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN
PERSONNEL
Subtitle A—Personnel Management, Pay, and Allowances
Sec. 1101. Scope of requirement for conversion of military positions to civilian
positions.
Sec. 1102. Retention of civilian employee positions at military training bases
transferred to National Guard.
Sec. 1103. Clarification of limitation on furnishing clothing or paying a uniform
allowance to enlisted National Guard technicians.
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Sec. 1104. Travel expenses and health care for civilian employees of the Depart-
ment of Defense abroad.
Sec. 1105. Travel, transportation, and relocation allowances for certain former
nonappropriated fund employees.
Sec. 1106. Employment and salary practices applicable to Department of Defense
overseas teachers.
Sec. 1107. Employment and compensation of civilian faculty members at certain
Department of Defense schools.
Sec. 1108. Reimbursement of Department of Defense domestic dependent school
board members for certain expenses.
Sec. 1109. Extension of authority for civilian employees of Department of Defense
to participate voluntarily in reductions in force.
Sec. 1110. Compensatory time off for overtime work performed by wage-board em-
ployees.
Sec. 1111. Liquidation of restored annual leave that remains unused upon trans-
fer of employee from installation being closed or realigned.
Sec. 1112. Waiver of requirement for repayment of voluntary separation incentive
pay by former Department of Defense employees reemployed by
the Government without pay.
Sec. 1113. Federal holiday observance rules for Department of Defense employees.
Sec. 1114. Revision of certain travel management authorities.
Subtitle B—Defense Economic Adjustment, Diversification,
Conversion, and Stabilization
Sec. 1121. Pilot programs for defense employees converted to contractor employees
due to privatization at closed military installations.
Sec. 1122. Troops-to-teachers program improvements applied to civilian person-
nel.
Subtitle C—Defense Intelligence Personnel
Sec. 1131. Short title.
Sec. 1132. Civilian intelligence personnel management.
Sec. 1133. Repeals.
Sec. 1134. Clerical amendments.
TITLE XII—FEDERAL CHARTER FOR THE FLEET RESERVE
ASSOCIATION
Sec. 1201. Recognition and grant of Federal charter.
Sec. 1202. Powers.
Sec. 1203. Purposes.
Sec. 1204. Service of process.
Sec. 1205. Membership.
Sec. 1206. Board of directors.
Sec. 1207. Officers.
Sec. 1208. Restrictions.
Sec. 1209. Liability.
Sec. 1210. Maintenance and inspection of books and records.
Sec. 1211. Audit of financial transactions.
Sec. 1212. Annual report.
Sec. 1213. Reservation of right to amend or repeal charter.
Sec. 1214. Tax-exempt status.
Sec. 1215. Termination.
Sec. 1216. Definition.
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TITLE XIII—DEFENSE AGAINST WEAPONS OF MASS
DESTRUCTION
Sec. 1301. Short title.
Sec. 1302. Findings.
Sec. 1303. Definitions.
Subtitle A—Domestic Preparedness
Sec. 1311. Emergency response assistance program.
Sec. 1312. Nuclear, chemical, and biological emergency response.
Sec. 1313. Military assistance to civilian law enforcement officials in emergency
situations involving biological or chemical weapons.
Sec. 1314. Testing of preparedness for emergencies involving nuclear, radiological,
chemical, and biological weapons.
Subtitle B—Interdiction of Weapons of Mass Destruction and
Related Materials
Sec. 1321. United States border security.
Sec. 1322. Nonproliferation and counter-proliferation research and development.
Sec. 1323. International Emergency Economic Powers Act.
Sec. 1324. Criminal penalties.
Sec. 1325. International border security.
Subtitle C—Control and Disposition of Weapons of Mass De-
struction and Related Materials Threatening the United
States
Sec. 1331. Protection and control of materials constituting a threat to the United
States.
Sec. 1332. Verification of dismantlement and conversion of weapons and mate-
rials.
Sec. 1333. Elimination of plutonium production.
Sec. 1334. Industrial partnership programs to demilitarize weapons of mass de-
struction production facilities.
Sec. 1335. Lab-to-lab program to improve the safety and security of nuclear ma-
terials.
Sec. 1336. Cooperative activities on security of highly enriched uranium used for
propulsion of Russian ships.
Sec. 1337. Military-to-military relations.
Sec. 1338. Transfer authority.
Subtitle D—Coordination of Policy and Countermeasures
Against Proliferation of Weapons of Mass Destruction
Sec. 1341. National coordinator on nonproliferation.
Sec. 1342. National Security Council Committee on Nonproliferation.
Sec. 1343. Comprehensive preparedness program.
Sec. 1344. Termination.
Subtitle E—Miscellaneous
Sec. 1351. Contracting policy.
Sec. 1352. Transfers of allocations among cooperative threat reduction programs.
Sec. 1353. Additional certifications.
Sec. 1354. Purchase of low-enriched uranium derived from Russian highly en-
riched uranium.
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Sec. 1355. Purchase, packaging, and transportation of fissile materials at risk of
theft.
Sec. 1356. Reductions in authorization of appropriations.
TITLE XIV—FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1401. Short title.
Subtitle A—Relocation Benefits
Sec. 1411. Modification of allowance for seeking permanent residence quarters.
Sec. 1412. Modification of temporary quarters subsistence expenses allowance.
Sec. 1413. Modification of residence transaction expenses allowance.
Sec. 1414. Authority to pay for property management services.
Sec. 1415. Authority to transport a privately owned motor vehicle within the con-
tinental United States
Sec. 1416. Authority to pay limited relocation allowances to an employee who is
performing an extended assignment.
Sec. 1417. Authority to pay a home marketing incentive.
Sec. 1418. Conforming amendments.
Subtitle B—Miscellaneous Provisions
Sec. 1431. Repeal of the long-distance telephone call certification requirement.
Sec. 1432. Transfer of authority to issue regulations.
Sec. 1433. Report on assessment of cost savings.
Sec. 1434. Effective date; issuance of regulations.
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. Plan for repairs and stabilization of the historic district at the Forest
Glen Annex of Walter Reed Medical Center, Maryland.
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. Defense access roads.
Sec. 2205. Authorization of appropriations, Navy.
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.
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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.
Sec. 2503. Redesignation of North Atlantic Treaty Organization Infrastructure
program.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Funding for construction and improvement of reserve centers in the
State of Washington.
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. Prohibition on use of funds for certain projects.
Sec. 2706. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Increase in certain thresholds for unspecified minor construction
projects.
Sec. 2802. Clarification of authority to improve military family housing.
Sec. 2803. Authority to grant easements for rights-of-way.
Subtitle B—Defense Base Closure and Realignment
Sec. 2811. Restoration of authority under 1988 base closure law to transfer prop-
erty and facilities to other entities in the Department of Defense.
Sec. 2812. Agreements for services at installations after closure.
Subtitle C—Land Conveyances
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington, Virginia.
Sec. 2822. Land transfer, Potomac Annex, District of Columbia.
Sec. 2823. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2824. Land conveyance, former Naval Reserve Facility, Lewes, Delaware.
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Sec. 2825. Land conveyance, Radar Bomb Scoring Site, Belle Fourche, South Da-
kota.
Sec. 2826. Conveyance of primate research complex, Holloman Air Force Base,
New Mexico.
Sec. 2827. Demonstration project for installation and operation of electric power
distribution system at Youngstown Air Reserve Station, Ohio.
Sec. 2828. Transfer of jurisdiction and land conveyance, Fort Sill, Oklahoma.
Sec. 2829. Renovation of the Pentagon Reservation.
Sec. 2830. Land conveyance, William Langer Jewel Bearing Plant, Rolla, North
Dakota.
Sec. 2831. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Sec. 2832. Land conveyance, Crafts Brothers Reserve Training Center, Man-
chester, New Hampshire.
Sec. 2833. Land transfer, Vernon Ranger District, Kisatchie National Forest,
Louisiana.
Sec. 2834. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2835. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2836. Modification of boundaries of White Sands National Monument and
White Sands Missile Range.
Sec. 2837. Bandelier National Monument.
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. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Tritium production.
Sec. 3132. Modernization and consolidation of tritium recycling facilities.
Sec. 3133. Modification of requirements for manufacturing infrastructure for re-
fabrication and certification of nuclear weapons stockpile.
Sec. 3134. Limitation on use of funds for certain research and development pur-
poses.
Sec. 3135. Accelerated schedule for isolating high-level nuclear waste at the De-
fense Waste Processing Facility, Savannah River Site.
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Sec. 3136. Processing of high-level nuclear waste and spent nuclear fuel rods.
Sec. 3137. Fellowship program for development of skills critical to Department of
Energy nuclear weapons complex.
Sec. 3138. Payment of costs of operation and maintenance of infrastructure at
Nevada Test Site.
Subtitle D—Other Matters
Sec. 3151. Requirement for annual five-year budget for the national security pro-
grams of the Department of Energy.
Sec. 3152. Requirements for Department of Energy weapons activities budgets for
fiscal years after fiscal year 1997.
Sec. 3153. Repeal of requirement relating to accounting procedures for Depart-
ment of Energy funds.
Sec. 3154. Plans for activities to process nuclear materials and clean up nuclear
waste at the Savannah River Site.
Sec. 3155. Update of report on nuclear test readiness postures.
Sec. 3156. Reports on critical difficulties at nuclear weapons laboratories and nu-
clear weapons production plants.
Sec. 3157. Extension of applicability of notice-and-wait requirement regarding
proposed cooperation agreements.
Sec. 3158. Sense of Congress relating to redesignation of Defense Environmental
Restoration and Waste Management Program.
Sec. 3159. Commission on Maintaining United States Nuclear Weapons Exper-
tise.
Sec. 3160. Sense of Senate regarding reliability and safety of remaining nuclear
forces.
Sec. 3161. Report on Department of Energy liability at Department superfund
sites.
Sec. 3162. Fiscal year 1998 funding for Greenville Road Improvement Project,
Livermore, California.
Sec. 3163. Opportunity for review and comment by State of Oregon regarding
certain remedial actions at Hanford Reservation, Washington.
Sec. 3164. Sense of Senate on Hanford memorandum of understanding.
Sec. 3165. Foreign environmental technology.
Sec. 3166. Study on worker protection at the Mound Facility.
Subtitle E—Environmental Restoration at Defense Nuclear
Facilities
Sec. 3171. Short title.
Sec. 3172. Applicability.
Sec. 3173. Designation of covered facilities as environmental cleanup demonstra-
tion areas.
Sec. 3174. Site managers.
Sec. 3175. Department of Energy orders.
Sec. 3176. Demonstrations of technology for remediation of defense nuclear waste.
Sec. 3177. Reports to Congress.
Sec. 3178. Termination.
Sec. 3179. Definitions.
Subtitle F—Waste Isolation Pilot Plant Land Withdrawal Act
Amendments.
Sec. 3181. Short title and reference.
Sec. 3182. Definitions.
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Sec. 3183. Test phase and retrieval plans.
Sec. 3184. Management plan.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Retrievability.
Sec. 3190. Decommissioning of WIPP
Sec. 3191. Economic assistance and miscellaneous payments.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Disposal of certain materials in National Defense Stockpile.
Sec. 3303. Additional authority to dispose of materials in National Defense
Stockpile.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures in accordance with other laws.
TITLE XXXVI—MISCELLANEOUS PROVISION
Sec. 3601. Sense of the Senate regarding the reopening of Pennsylvania Avenue.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on National Security and the
Committee on Appropriations of the House of Rep-
resentatives.
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SEC. 4. GENERAL LIMITATION.
Notwithstanding any other provision of this Act, the
total amount authorized to be appropriated for fiscal year
1997 for the national defense function under the provisions
of this Act is $265,583,000,000.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for procurement for the Army as follows:
(1) For aircraft, $1,508,515,000.
(2) For missiles, $1,160,829,000.
(3) For weapons and tracked combat vehicles,
$1,460,115,000.
(4) For ammunition, $1,156,728,000.
(5) For other procurement, $3,298,940,000.
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, $6,911,352,000.
(2) For weapons, including missiles and tor-
pedoes, $1,513,263,000.
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(3) 
For 
shipbuilding 
and 
conversion,
$6,567,330,000.
(4) For other procurement, $3,005,040,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1997 for procurement for
the Marine Corps in the amount of $816,107,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for procurement for the Air Force as follows:
(1) For aircraft, $7,003,528,000.
(2) For missiles, $2,847,177,000.
(3) For other procurement, $5,889,519,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for Defense-wide procurement in the amount
of $1,908,012,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for procurement of aircraft, vehicles, commu-
nications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $224,000,000.
(2) For the Air National Guard, $305,800,000.
(3) For the Army Reserve, $90,000,000.
(4) For the Naval Reserve, $40,000,000.
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(5) For the Air Force Reserve, $40,000,000.
(6) For the Marine Corps Reserve, $60,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for procurement for the Inspector General of
the Department of Defense in the amount of $2,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1997 the amount of $802,847,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for the Department of Defense for procure-
ment for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount
of $269,470,000.
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SEC. 109. DEFENSE NUCLEAR AGENCY.
Of the amounts authorized to be appropriated for the
Department of Defense under section 104, $7,900,000 shall
be available for the Defense Nuclear Agency.
Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT OF JAVELIN MISSILE
SYSTEM.
The Secretary of the Army may, in accordance with
section 2306b of title 10, United States Code, enter into
multiyear procurement contracts for the procurement of the
Javelin missile system.
SEC. 112. ARMY ASSISTANCE FOR CHEMICAL DEMILITARIZA-
TION CITIZENS’ ADVISORY COMMISSIONS.
Subsections (b) and (f) of section 172 of the National
Defense Authorization Act for Fiscal Year 1993 (Public
Law 102–484; 106 Stat. 2341; 50 U.S.C. 1521 note) are
each amended by striking out ‘‘Assistant Secretary of the
Army (Installations, Logistics and Environment)’’ and in-
serting in lieu thereof ‘‘Assistant Secretary of the Army
(Research, Development and Acquisition)’’.
SEC. 113. STUDY REGARDING NEUTRALIZATION OF THE
CHEMICAL WEAPONS STOCKPILE.
(a) STUDY.—The Secretary of Defense shall conduct a
study to determine the cost of incineration of the current
chemical munitions stockpile by building incinerators at
each existing facility compared to the proposed cost of dis-
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mantling those same munitions, neutralizing them at each
storage site and transporting the neutralized remains and
all munitions parts to a centrally located incinerator with-
in the United States for incineration.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate committees of the Congress a report on the
study carried out under subsection (a).
SEC. 114. PERMANENT AUTHORITY TO CARRY OUT ARMS
INITIATIVE.
Section 193(a) of the Armament Retooling and Manu-
facturing Support Initiative Act of 1992 (subtitle H of title
I of Public Law 102–484; 10 U.S.C. 2501 note) is amended
by striking out ‘‘During fiscal years 1993 through 1996’’,
and inserting in lieu thereof ‘‘During fiscal years 1993
through 1998’’.
SEC. 115. TYPE CLASSIFICATION OF ELECTRO OPTIC AUG-
MENTATION (EOA) SYSTEM.
(a) REQUIREMENT.—The Secretary of the Army shall
type classify the Electro Optic Augmentation (EOA) sys-
tem.
(b) FUNDING.—Of the amounts authorized to be appro-
priated for the Army by this division, $100,000 shall made
be available to the Armored Systems Modernization Pro-
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gram manager for the type classification required by sub-
section (a).
SEC. 116. BRADLEY TOW 2 TEST PROGRAM SETS.
Of the funds authorized to be appropriated under sec-
tion 101(3) of the National Defense Authorization Act for
Fiscal Year 1996 (110 Stat. 204), $6,000,000 is available
for the procurement of Bradley TOW 2 Test Program sets.
SEC. 117. DEMILITARIZATION OF ASSEMBLED CHEMICAL
MUNITIONS.
(a) PILOT PROGRAM.—The Secretary of Defense shall
conduct a pilot program to identify and demonstrate fea-
sible alternatives to incineration for the demilitarization of
assembled chemical munitions.
(b) PROGRAM REQUIREMENTS.—(1) The Secretary of
Defense shall designate an executive agent to carry out the
pilot program required to be conducted under subsection
(a).
(2) The executive agent shall—
(A) be an officer or executive of the United
States Government;
(B) be accountable to the Secretary of Defense;
and
(C) not be, or have been, in direct or immediate
control of the chemical weapon stockpile demilitariza-
tion program established by 1412 of the Department
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the activities under the pilot program during the preceding
fiscal year.
(d) EVALUATION AND REPORT.—Not later than De-
cember 31, 2000, the Secretary of Defense shall—
(1) evaluate each demilitarization alternative
identified and demonstrated under the pilot program
to determine whether that alternative—
(A) is as safe and cost efficient as inciner-
ation for disposing of assembled chemical muni-
tions; and
(B) meets the requirements of section 1412
of the Department of Defense Authorization Act,
1986; and
(2) submit to Congress a report containing the
evaluation.
(e) LIMITATION ON LONG LEAD CONTRACTING.—(1)
Notwithstanding any other provision of law and except as
provided in paragraph (2), the Secretary may not enter
into any contract for the purchase of long lead materials
considered to be baseline incineration specific materials for
the construction of an incinerator at any site in Kentucky
or Colorado, within one year of the date of enactment of
this Act or, thereafter until the executive agent designated
for the pilot program submits an application for such per-
mits as are necessary under the law of the State of Kentucky
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or the law of the State of Colorado, as the case may be,
for the construction at that site of a plant for demilitariza-
tion of assembled chemical munitions by means of an alter-
native to incineration.
(2) Provided, however, That the Secretary may enter
into a contract described in paragraph (1) beginning 60
days after the date on which the Secretary submits to Con-
gress—
(A) the report required by subsection (d)(2); and
(B) the certification of the executive agent that
there exists no alternative technology as safe and cost
efficient as incineration for demilitarizing chemical
munitions at non-bulk sites that can meet the require-
ments of section 1412 of the Department of Defense
Authorization Act, 1986.
(f) ASSEMBLED CHEMICAL MUNITION DEFINED.—For
the purpose of this section, the term ‘‘assembled chemical
munition’’ means an entire chemical munition, including
component parts, chemical agent, propellant, and explosive.
(g) FUNDING.—(1) Of the amount authorized to be ap-
propriated under section 107, $60,000,000 shall be available
for the pilot program under this section. Such funds may
not be derived from funds to be made available under the
chemical demilitarization program for the alternative tech-
nologies research and development program at bulk sites.
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(2) Funds made available for the pilot program pursu-
ant to paragraph (1) shall be made available to the execu-
tive agent for use for the pilot program.
Subtitle C—Navy Programs
SEC. 121. EA–6B AIRCRAFT REACTIVE JAMMER PROGRAM.
(a) LIMITATION.—None of the funds appropriated pur-
suant to section 102(a)(1) for modifications or upgrades of
EA–6B aircraft may be obligated, other than for a reactive
jammer program for such aircraft, until 30 days after the
date on which the Secretary of the Navy submits to the con-
gressional defense committees in writing—
(1) a certification that some or all of such funds
have been obligated for a reactive jammer program
for EA–6B aircraft; and
(2) a report that sets forth a detailed, well-de-
fined program for—
(A) developing a reactive jamming capabil-
ity for EA–6B aircraft; and
(B) upgrading the EA–6B aircraft of the
Navy to incorporate the reactive jamming capa-
bility.
(b) CONTINGENT
TRANSFER
OF
FUNDS
TO
AIR
FORCE.—(1) If the Secretary of the Navy has not submitted
the certification and report described in subsection (a) to
the congressional defense committees before June 1, 1997,
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then, on that date, the Secretary of Defense shall transfer
to Air Force, out of appropriations available to the Navy
for fiscal year 1997 for procurement of aircraft, the amount
equal to the amount appropriated to the Navy for fiscal
year 1997 for modifications and upgrades of EA–6B air-
craft.
(2) Funds transferred to the Air Force pursuant to
paragraph (1) shall be available for maintaining and up-
grading the jamming capability of EF–111 aircraft.
SEC. 122. PENGUIN MISSILE PROGRAM.
(a) MULTIYEAR
PROCUREMENT
AUTHORITY.—The
Secretary of the Navy may, in accordance with section
2306b of title 10, United States Code, enter into multiyear
procurement contracts for the procurement of not more than
106 Penguin missile systems.
(b) LIMITATION ON TOTAL COST.—The total amount
obligated or expended for procurement of Penguin missile
systems under contracts under subsection (a) may not ex-
ceed $84,800,000.
SEC. 123. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) AMOUNTS AUTHORIZED.—(1) Of the amount au-
thorized to be appropriated by section 102(a)(3)—
(A) $804,100,000 shall be available for construc-
tion of the third vessel (designated SSN–23) in the
Seawolf attack submarine class;
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(B) $296,200,000 shall be available for long-lead
and advance construction and procurement of compo-
nents for construction of a submarine (previously des-
ignated by the Navy as the New Attack Submarine)
beginning in fiscal year 1998 to be built by Electric
Boat Division; and
(C) $701,000,000 shall be 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.
(2) In addition to the purposes for which the amount
authorized to be appropriated by section 102(a)(3) is avail-
able under subparagraphs (B) and (C) of paragraph (1),
the amounts available under such subparagraphs are also
available for contracts with Electric Boat Division and
Newport News Shipbuilding to carry out the provisions of
the ‘‘Memorandum of Agreement Among the Department of
the Navy, Electric Boat Corporation (EB) and Newport
News Shipbuilding and Drydock Company (NNS) Concern-
ing the New Attack Submarine’’, dated April 5, 1996, relat-
ing to design data transfer, design improvements, inte-
grated process teams, and updated design base.
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(b) CONTRACTS AUTHORIZED.—(1) The Secretary of
the Navy is authorized, using funds available pursuant to
subparagraphs (B) and (C) of subsection (a)(1), 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 submarines referred to in such subparagraphs;
and
(B) advance construction of such components
and other components for such submarines.
(2) The Secretary of the Navy may enter into a con-
tract or contracts under this section with the shipbuilder
of the submarine referred to in subsection (a)(1)(B) only
if the Secretary enters into a contract or contracts under
this section with the shipbuilder of the submarine referred
to in subsection (a)(1)(C).
(c) COMPETITION
AND
LIMITATIONS
ON
OBLIGA-
TIONS.—(1)(A) Of the amounts made available pursuant to
subsection (a)(1), not more than $100,000,000 may be obli-
gated or expended until the Secretary of Defense certifies
in writing to the Committee on Armed Services of the Sen-
ate and the Committee on National Security of the House
of Representatives that procurement of nuclear attack sub-
marines described in subparagraph (B) will be provided for
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under one or more contracts that are entered into after a
competition between Electric Boat Division and Newport
News Shipbuilding in which the Secretary of the Navy solic-
its competitive proposals and awards the contract or con-
tracts on the basis of price.
(B) The submarines referred to in subparagraph (A)
are nuclear attack submarines that are to be constructed
beginning—
(i) after fiscal year 1999; or
(ii) if four submarines are to be procured as pro-
vided for in the plan required under section 131(c) of
the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 209),
after fiscal year 2001.
(2) Of the amounts made available pursuant to sub-
section (a)(1), not more than $100,000,000 may be obli-
gated or expended until the Under Secretary of Defense for
Acquisition and Technology submits to the committees re-
ferred to in paragraph (1) a written report that describes
in detail—
(A) the oversight activities undertaken by the
Under Secretary up to the date of the report pursuant
to section 131(b)(2)(C) of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 207), and the plans for the future
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development and improvement of the nuclear attack
submarine program of the Navy;
(B) the implementation of, and activities con-
ducted under, the program required to be established
by the Director of the Defense Advanced Research
Projects Agency by section 131(i) of such Act (110
Stat. 210) for the development and demonstration of
advanced submarine technologies and a rapid proto-
type acquisition strategy for both land-based and at-
sea subsystem and system demonstrations of such
technologies; and
(C) all research, development, test, and evalua-
tion programs, projects, or activities within the De-
partment of Defense which, in the opinion of the
Under Secretary, are designed to contribute to the de-
velopment and demonstration of advanced submarine
technologies leading to a more capable, more afford-
able nuclear attack submarine, together with a spe-
cific identification of ongoing involvement, and plans
for future involvement, in any such program, project,
or activity by Electric Boat Division, Newport News
Shipbuilding, or both.
(d) REFERENCES TO SHIPBUILDERS.—For purposes of
this section—
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(1) the shipbuilder referred to as ‘‘Electric Boat
Division’’ is the Electric Boat Division of the General
Dynamics Corporation; and
(2) the shipbuilder referred to as ‘‘Newport News
Shipbuilding’’ is the Newport News Shipbuilding and
Drydock Company.
(e) NEXT ATTACK SUBMARINE AFTER NEW ATTACK
SUBMARINE.—The Secretary of Defense shall modify the
plan (relating to development of a program leading to pro-
duction of a more capable and less expensive submarine
than the New Attack Submarine) that was submitted to
Congress pursuant to section 131(c) of Public Law 104–
106 (110 Stat. 208) in order to provide in such plan for
selection of a design for a next submarine for serial produc-
tion not earlier than fiscal year 2000 (rather than fiscal
year 2003, as provided in paragraph (3)(B) of such section
131(c)).
SEC. 124. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) FUNDING.—(1) Subject to paragraph (3), funds
authorized to be appropriated by section 102(a)(3) may be
made available for contracts entered into in fiscal year 1996
under subsection (b)(1) of section 135 of the National De-
fense Authorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 211) for construction for the third of
the three Arleigh Burke class destroyers covered by that sub-
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section. Such funds are in addition to amounts made avail-
able for such contracts by the second sentence of subsection
(a) of that section.
(2) Subject to paragraph (3), funds authorized to be
appropriated by section 102(a)(3) may be made available
for contracts entered into in fiscal year 1997 under sub-
section (b)(2) of such section 135 for construction (including
advance procurement) for the Arleigh Burke class destroyers
covered by such subsection (b)(2).
(3) The aggregate amount of funds available under
paragraphs (1) and (2) for contracts referred to in such
paragraphs may not exceed $3,483,030,000.
(4) Within the amount authorized to be appropriated
by section 102(a)(3), $750,000,000 is authorized to be ap-
propriated for advance procurement for construction for the
Arleigh Burke class destroyers authorized by subsection (b).
(b) AUTHORITY FOR MULTIYEAR PROCUREMENT OF
TWELVE VESSELS.—The Secretary of the Navy is author-
ized, pursuant to section 2306b of title 10, United States
Code, to enter into multiyear contracts for the procurement
of a total of 12 Arleigh Burke class destroyers at a procure-
ment rate of three ships in each of fiscal years, 1998, 1999,
2000, and 2001 in accordance with this subsection and sub-
sections (a)(4) and (c), subject to the availability of appro-
priations for such destroyers. A contract for construction
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of one or more vessels that is entered into in accordance
with this subsection shall include a clause that limits the
liability of the Government to the contractor for any termi-
nation of the contract.
SEC. 125. MARITIME PREPOSITIONING SHIP PROGRAM EN-
HANCEMENT.
Section 2218(f) of title 10, United States Code, shall
not apply in the case of the purchase of three ships for the
purpose of enhancing Marine Corps prepositioning ship
squadrons.
SEC. 126. ADDITIONAL EXCEPTION FROM COST LIMITATION
FOR SEAWOLF SUBMARINE PROGRAM.
Section 133 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 211)
is amended—
(1) in subsection (a), by striking out ‘‘subsection
(b)’’ and inserting in lieu thereof ‘‘subsections (b) and
(c)’’; and
(2) by striking out subsection (c) and inserting
in lieu thereof the following:
‘‘(c) COSTS NOT INCLUDED.—The previous obligations
of $745,700,000 for the SSN–23, SSN–24, and SSN–25 sub-
marines, out of funds appropriated for fiscal years 1990,
1991, and 1992, that were subsequently canceled (as a result
of a cancellation of such submarines) shall not be taken into
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account in the application of the limitation in subsection
(a).’’.
SEC. 127. RADAR MODERNIZATION.
Funds appropriated for the Navy for fiscal years before
fiscal year 1997 may not be used for development and pro-
curement of the Pulse Doppler Upgrade modification to the
AN/SPS–48E radar system.
Subtitle D—Air Force Programs
SEC. 131. MULTIYEAR CONTRACTING AUTHORITY FOR THE
C–17 AIRCRAFT PROGRAM.
(a) MULTIYEAR CONTRACTS AUTHORIZED.—The Sec-
retary of the Air Force may, pursuant to section 2306b of
title 10, United States Code (except as provided in sub-
section (b)(1)), enter into one or more multiyear contracts
for the procurement of not more than a total of 80 C–17
aircraft.
(b) CONTRACT PERIOD.—(1) Notwithstanding section
2306b(k) of title 10, United States Code, the period covered
by a contract entered into on a multiyear basis under the
authority of subsection (a) may exceed five years, but may
not exceed seven years.
(2) Paragraph (1) shall not be construed as prohibit-
ing the Secretary of the Air Force from entering into a
multiyear contract for a period of less than seven years.
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In determining to do so, the Secretary shall consider wheth-
er—
(A) sufficient funding is provided for in the fu-
ture-years defense program for procurement, within
the shorter period, of the total number of aircraft to
be procured (within the number set forth in subsection
(a)); and
(B) the contractor is capable of delivering that
total number of aircraft within the shorter period.
(c) OPTION TO CONVERT TO ONE-YEAR PROCURE-
MENTS.—Each multiyear contract for the procurement of
C–17 aircraft authorized by subsection (a) shall include a
clause that permits the Secretary of the Air Force—
(1) to terminate the contract as of September 30,
1998, without a modification in the price of each air-
craft and without incurring any obligation to pay the
contractor termination costs; and
(2) to then enter into follow-on one-year con-
tracts with the contractor for the procurement of C–
17 aircraft (within the total number of aircraft au-
thorized under subsection (a)) at a negotiated price
that is not to exceed the price that is negotiated before
September 30, 1998, for the annual production con-
tract for the C–17 aircraft in lot VIII and subsequent
lots.
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Subtitle E—Reserve Components
SEC. 141. ASSESSMENTS OF MODERNIZATION PRIORITIES
OF THE RESERVE COMPONENTS.
(a) ASSESSMENTS REQUIRED.—Not later than Decem-
ber 1, 1996, each officer referred to in subsection (b) shall
submit to the congressional defense committees an assess-
ment of the modernization priorities established for the re-
serve component or reserve components for which that offi-
cer is responsible.
(b) RESPONSIBLE OFFICERS.—The officers required to
submit a report under subsection (a) are as follows:
(1) The Chief of the National Guard Bureau.
(2) The Chief of Army Reserve.
(3) The Chief of Air Force Reserve.
(4) The Director of Naval Reserve.
(5) The Commanding General, Marine Forces
Reserve.
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TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,958,140,000.
(2) For the Navy, $9,041,534,000.
(3) For the Air Force, $14,786,356,000.
(4) For Defense-wide activities, $9,699,542,000,
of which—
(A) $252,038,000 is authorized for the ac-
tivities of the Director, Test and Evaluation; and
(B) $21,968,000 is authorized for the Direc-
tor of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR-
ATORY DEVELOPMENT.
(a) FISCAL YEAR 1997.—Of the amounts authorized
to be appropriated by section 201, $4,005,787,000 shall be
available for basic research and exploratory development
projects.
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(b) BASIC RESEARCH AND EXPLORATORY DEVELOP-
MENT DEFINED.—For purposes of this section, the term
‘‘basic research and exploratory development’’ means work
funded in program elements for defense research and devel-
opment under Department of Defense category 6.1 or 6.2.
SEC. 203. DEFENSE NUCLEAR AGENCY.
Of the amounts authorized to be appropriated for the
Department of Defense under section 201, $221,330,000
shall be available for the Defense Nuclear Agency.
SEC. 204. FUNDS FOR RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION RELATING TO HUMANI-
TARIAN DEMINING TECHNOLOGIES.
Of the amounts authorized to be appropriated by sec-
tion 201(4), $18,000,000 shall be available for research, de-
velopment, test, and evaluation activities relating to hu-
manitarian demining technologies (PE0603120D), to be ad-
ministered by the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) FUNDING.—Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are au-
thorized to be made available for space launch moderniza-
tion for purposes and in amounts as follows:
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(1) For the Evolved Expendable Launch Vehicle
program, $44,457,000.
(2) For a competitive reusable launch vehicle
technology program, $25,000,000.
(b) LIMITATIONS.—(1) Of the funds made available for
the reusable launch vehicle technology program pursuant to
subsection (a)(2), the total amount obligated for such pur-
pose may not exceed the total amount allocated in the fiscal
year 1997 current operating plan of the National Aero-
nautics and Space Administration for the Reusable Space
Launch program of the National Aeronautics and Space
Administration.
(2) None of the funds made available for the Evolved
Expendable Launch Vehicle program pursuant to subsection
(a)(1) may be obligated until the Secretary of Defense cer-
tifies to Congress that the Secretary has made available for
obligation the funds, if any, that are made available for
the reusable launch vehicle technology program pursuant to
subsection (a)(2).
SEC. 212. DEPARTMENT OF DEFENSE SPACE ARCHITECT.
(a) REQUIRED PROGRAM ELEMENT.—The Secretary of
Defense shall include the kinetic energy tactical anti-sat-
ellite program of the Department of Defense as an element
of the space control architecture being developed by the De-
partment of Defense Space Architect.
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(b) LIMITATION ON USE OF FUNDS.—None of the funds
authorized to be appropriated pursuant to this Act, or oth-
erwise made available to the Department of Defense for fis-
cal year 1997, may be obligated or expended for the Depart-
ment of Defense Space Architect until the Secretary of De-
fense certifies to Congress that—
(1) the Secretary is complying with the require-
ment in subsection (a);
(2) funds appropriated for the kinetic energy
tactical anti-satellite program for fiscal year 1996
have been obligated in accordance with section 218 of
Public Law 104–106 and the Joint Explanatory
Statement of the Committee of Conference accompany-
ing S. 1124 (House Report 104–450 (104th Congress,
second session)); and
(3) the Secretary has made available for obliga-
tion the funds appropriated for the kinetic energy tac-
tical anti-satellite program for fiscal year 1997 in ac-
cordance with this Act.
SEC. 213. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) FUNDING.—Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are au-
thorized to be made available for the Space-Based Infrared
System program for purposes and in amounts as follows:
(1) For Space Segment High, $192,390,000.
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(2) For Space Segment Low (the Space and Mis-
sile Tracking System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) CONDITIONAL TRANSFER OF MANAGEMENT OVER-
SIGHT.—Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall transfer the
management oversight responsibilities for the Space and
Missile Tracking System from the Secretary of the Air
Force to the Director of the Ballistic Missile Defense Orga-
nization.
(c) CERTIFICATION.—If, within the 30-day period de-
scribed in subsection (b), the Secretary of Defense submits
to Congress a certification that the Secretary has established
a program baseline for the Space-Based Infrared System
that satisfies the requirements of section 216(a) of Public
Law 104–106 (110 Stat. 220), then subsection (b) of this
section shall cease to be effective on the date on which the
Secretary submits the certification.
SEC. 214. RESEARCH FOR ADVANCED SUBMARINE TECH-
NOLOGY.
Section 132 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 210)
is repealed.
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SEC. 215. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT
PROGRAM.
(a) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated under section 201(3), $50,000,000
shall be available for the Clementine 2 micro-satellite near-
Earth asteroid interception mission.
(b) LIMITATION.—None of the funds authorized to be
appropriated pursuant to this Act for the global positioning
system (GPS) Block II F Satellite system may be obligated
until the Secretary of Defense certifies to Congress that—
(1) funds appropriated for fiscal year 1996 for
the Clementine 2 Micro-Satellite development pro-
gram have been obligated in accordance with Public
Law 104–106 and the Joint Explanatory Statement
of the Committee of Conference accompanying S. 1124
(House Report 104–450 (104th Congress, second ses-
sion)); and
(2) the Secretary has made available for obliga-
tion the funds appropriated for fiscal year 1997 for
the Clementine 2 micro-satellite development program
in accordance with this section.
SEC. 216. TIER III MINUS UNMANNED AERIAL VEHICLE.
No official of the Department of Defense may enter
into a contract for the procurement of (including advance
procurement for) a higher number of Dark Star (tier III)
low observable, high altitude endurance unmanned aerial
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vehicles than is necessary to complete procurement of a total
of three such vehicles until flight testing has been completed.
SEC. 217. DEFENSE AIRBORNE RECONNAISSANCE PRO-
GRAM.
(a) REPORT REQUIRED.—The Secretary of Defense
shall submit to Congress a report comparing the Predator
unmanned aerial vehicle program with the Dark Star (tier
III) low observable, high altitude endurance unmanned aer-
ial vehicle program. The report shall contain the following:
(1) A comparison of the capabilities of the Pred-
ator unmanned aerial vehicle with the capabilities of
the Dark Star unmanned aerial vehicle.
(2) A comparison of the costs of the Predator
program with the costs of the Dark Star program.
(3) A recommendation on which program should
be funded in the event that funds are authorized to
be appropriated, and are appropriated, for only one
of the two programs in the future.
(b) LIMITATION ON USE OF FUNDS PENDING SUBMIS-
SION OF REPORT.—Funds appropriated pursuant to sec-
tion 104 may not be obligated for any contract to be entered
into after the date of the enactment of this Act for the pro-
curement of Predator unmanned aerial vehicles until the
date that is 60 days after the date on which the Secretary
of Defense submits the report required by subsection (a).
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SEC. 218. COST ANALYSIS OF F–22 AIRCRAFT PROGRAM.
(a) REVIEW OF PROGRAM.—The Secretary of Defense
shall direct the Cost Analysis Improvement Group in the
Office of the Secretary of Defense to review the F–22 air-
craft program, analyze and estimate the production costs
of the program, and submit to the Secretary a report on
the results of the review. The report shall include—
(1) a comparison of—
(A) the results of the review, with
(B) the results of the last independent esti-
mate of production costs of the program that was
prepared by the Cost Analysis Improvement
Group in July 1991; and
(2) a description of any major changes in pro-
grammatic assumptions that have occurred since the
estimate referred to in paragraph (1)(B) was made,
including any major change in assumptions regard-
ing the program schedule, the quantity of aircraft to
be developed and acquired, and the annual rates of
production, together with an assessment of the effects
of such changes on the program.
(b) REPORT.—Not later than March 30, 1997, the Sec-
retary shall transmit to the congressional defense commit-
tees the report prepared under paragraph (1), together with
the Secretary’s views on the matters covered by the report.
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(c) LIMITATION ON USE OF FUNDS PENDING SUBMIS-
SION OF REPORT.—Not more than 92 percent of the funds
appropriated for the F–22 aircraft program pursuant to
the authorization of appropriations in section 103(1) may
be expended until the Secretary of Defense submits the re-
port required by subsection (b).
SEC. 219. F–22 AIRCRAFT PROGRAM REPORTS.
(a) ANNUAL REPORT.—(1) At the same time as the
President submits the budget for a fiscal year to Congress
pursuant to section 1105(a) of title 31, United States Code,
the Secretary of Defense shall submit to Congress a report
on event-based decisionmaking for the F–22 aircraft pro-
gram for that fiscal year. The Secretary shall submit the
report for fiscal year 1997 not later than October 1, 1996.
(2) The report for a fiscal year shall include the follow-
ing:
(A) A discussion of each decision (known as an
‘‘event-based decision’’) that is expected to be made
during that fiscal year regarding whether the F–22
program is to proceed into a new phase or into a new
administrative subdivision of a phase.
(B) The criteria (known as ‘‘exit criteria’’) to be
applied, for purposes of making the event-based deci-
sion, in determining whether the F–22 aircraft pro-
gram has demonstrated the specific progress necessary
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for proceeding into the new phase or administrative
subdivision of a phase.
(b) REPORT ON EVENT-BASED DECISIONS.—Not later
than 30 days after an event-based decision has been made
for the F–22 aircraft program, the Secretary of Defense
shall submit to Congress a report on the decision. The report
shall include the following:
(1) A discussion of the commitments made, and
the commitments to be made, under the program as
a result of the decision.
(2) The exit criteria applied for purposes of the
decision.
(3) How, in terms of the exit criteria, the pro-
gram demonstrated the specific progress justifying the
decision.
SEC. 220. NONLETHAL WEAPONS AND TECHNOLOGIES PRO-
GRAMS.
(a) FUNDING.—Of the amount authorized to be appro-
priated under section 201(2), $15,000,000 shall be available
for joint service research, development, test, and evaluation
of nonlethal weapons and nonlethal technologies under the
program element established pursuant to subsection (b).
(b) NEW PROGRAM ELEMENT REQUIRED.—The Sec-
retary of Defense shall establish a new program element for
the funds authorized to be appropriated under subsection
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(a). The funds within that program element shall be admin-
istered by the executive agent designated for joint service
research, development, test, and evaluation of nonlethal
weapons and nonlethal technologies.
(c) LIMITATION PENDING RELEASE OF FUNDS.—(1)
None of the funds authorized to be appropriated for the De-
partment of Defense for fiscal year 1997 for foreign com-
parative testing (program element 605130D) may be obli-
gated until the funds authorized to be appropriated in sec-
tion 219(d) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104–106; 110 Stat. 223) are
released for obligation by the executive agent referred to in
subsection (b).
(2) Not more than 50 percent of the funds authorized
to be appropriated for the Department of Defense for fiscal
year 1997 for NATO research and development (program
element 603790D) may be obligated until the funds author-
ized to be appropriated in subsection (a) are released for
obligation by the executive agent referred to in subsection
(b).
SEC. 221. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Defense under section 201(4),
$176,200,000 shall be available for the Counterproliferation
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Support Program, of which $75,000,000 shall be available
for a tactical antisatellite technologies program.
(b) ADDITIONAL AUTHORITY TO TRANSFER AUTHOR-
IZATIONS.—(1) In addition to the transfer authority pro-
vided in section 1001, upon determination by the Secretary
of Defense that such action is necessary in the national in-
terest, the Secretary may transfer amounts of authoriza-
tions made available to the Department of Defense in this
division for fiscal year 1997 to counterproliferation pro-
grams, projects, and activities identified as areas for
progress by the Counterproliferation Program Review Com-
mittee established by section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751
note). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations transferred
under the authority of this subsection may not exceed
$50,000,000.
(3) The authority provided by this subsection to trans-
fer authorizations—
(A) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
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(B) may not be used to provide authority for an
item that has been denied authorization by Congress.
(4) A transfer made from one account to another under
the authority of this subsection shall be deemed to increase
the amount authorized for the account to which the amount
is transferred by an amount equal to the amount trans-
ferred.
(5) The Secretary of Defense shall promptly notify
Congress of transfers made under the authority of this sub-
section.
(c) LIMITATION ON USE OF FUNDS FOR TECHNICAL
STUDIES AND ANALYSES PENDING RELEASE OF FUNDS.—
(1) None of the funds authorized to be appropriated to the
Department of Defense for fiscal year 1997 for program ele-
ment 605104D, relating to technical studies and analyses,
may be obligated or expended until the funds referred to
in paragraph (2) have been released to the program man-
ager of the tactical anti-satellite technology program for im-
plementation of that program.
(2) The funds for release referred to in paragraph (1)
are as follows:
(A) Funds authorized to be appropriated by sec-
tion 218(a) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
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222) that are available for the program referred to in
paragraph (1).
(B) Funds authorized to be appropriated to the
Department for fiscal year 1997 by this Act for the
Counterproliferation Support Program that are to be
made available for that program.
SEC. 222. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT 
CENTERS 
AND 
UNIVERSITY-AFFILI-
ATED RESEARCH CENTERS.
(a) CENTERS COVERED.—Funds authorized to be ap-
propriated for the Department of Defense for fiscal year
1997 under section 201 may be obligated to procure work
from a federally funded research and development center (in
this section referred to as an ‘‘FFRDC’’) or a university-
affiliated research center (in this section referred to as a
‘‘UARC’’) only in the case of a center named in the report
required by subsection (b) and, in the case of such a center,
only in an amount not in excess of the amount of the pro-
posed funding level set forth for that center in such report.
(b) REPORT ON ALLOCATIONS FOR CENTERS.—(1) Not
later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives a report
containing—
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(A) the name of each FFRDC and UARC from
which work is proposed to be procured for the Depart-
ment of Defense for fiscal year 1997; and
(B) for each such center, the proposed funding
level and the estimated personnel level for fiscal year
1997.
(2) The total of the proposed funding levels set forth
in the report for all FFRDCs and UARCs may not exceed
the amount set forth in subsection (d).
(c) LIMITATION PENDING SUBMISSION OF REPORT.—
Not more than 15 percent of the funds authorized to be ap-
propriated for the Department of Defense for fiscal year
1997 for FFRDCs and UARCs under section 201 may be
obligated to procure work from an FFRDC or UARC until
the Secretary of Defense submits the report required by sub-
section (b).
(d) FUNDING.—Of the amounts authorized to be ap-
propriated by section 201, not more than a total of
$1,668,850,000 may be obligated to procure services from
the FFRDCs and UARCs named in the report required by
subsection (b).
(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—
The Secretary of Defense may waive the limitation regard-
ing the maximum funding amount that applies under sub-
section (a) to an FFRDC or UARC. Whenever the Secretary
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proposes to make such a waiver, the Secretary shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Represent-
atives notice of the proposed waiver and the reasons for the
waiver. The waiver may then be made only after the end
of the 60-day period that begins on the date on which the
notice is submitted to those committees, unless the Secretary
determines that it is essential to the national security that
funds be obligated for work at that center in excess of that
limitation before the end of such period and notifies those
committees of that determination and the reasons for the
determination.
SEC. 223. ADVANCED SUBMARINE TECHNOLOGIES.
(a) AMOUNTS AUTHORIZED FROM NAVY RDT&E AC-
COUNT.—Of the amount authorized to be appropriated by
section 201(2)—
(1) $489,443,000 is available for the design of
the submarine previously designated by the Navy as
the New Attack Submarine; and
(2) $100,000,000 is available to address the in-
clusion on future nuclear attack submarines of core
advanced technologies, category I advanced tech-
nologies, and category II advanced technologies, as
such advanced technologies are identified by the Sec-
retary of Defense in Appendix C of the report of the
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Secretary entitled ‘‘Report on Nuclear Attack Sub-
marine Procurement and Submarine Technology’’,
submitted to Congress on March 26, 1996.
(b) CERTAIN TECHNOLOGIES TO BE EMPHASIZED.—
In using funds made available in accordance with sub-
section (a)(2), the Secretary of the Navy shall emphasize
research, development, test, and evaluation of the tech-
nologies identified by the Submarine Technology Assessment
Panel (in the final report of the panel to the Assistant Sec-
retary of the Navy for Research, Development, and Acquisi-
tion, dated March 15, 1996) as having the highest priority
for initial investment.
(c) SHIPYARDS INVOLVED IN TECHNOLOGY DEVELOP-
MENT.—To further implement the recommendations of the
Submarine Technology Assessment Panel, the Secretary of
the Navy shall ensure that the shipyards involved in the
construction of nuclear attack submarines are also prin-
cipal participants in the process of developing advanced
submarine technologies and including the technologies in fu-
ture submarine designs. The Secretary shall ensure that
those shipyards have access for such purpose (under proce-
dures prescribed by the Secretary) to the Navy laboratories
and the Office of Naval Intelligence and (in accordance with
arrangements to be made by the Secretary) to the Defense
Advanced Research Projects Agency.
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(d) FUNDING FOR CONTRACTS UNDER 1996 AGREE-
MENT AMONG THE NAVY AND SHIPYARDS.—In addition to
the purposes of which the amount authorized to be appro-
priated by section 201(2) are available under paragraphs
(1) and (2) of subsection (a), the amounts available under
such paragraphs are also available for contracts with Elec-
tric Boat Division and Newport News Shipbuilding to
carry out the provisions of the ‘‘Memorandum of Agreement
Among the Department of the Navy, Electric Boat Corpora-
tion (EB), and Newport News Shipbuilding and Drydock
Company (NNS) Concerning the New Attack Submarine’’,
dated April 5, 1996, for research and development activities
under that memorandum of agreement.
SEC. 224. FUNDING FOR BASIC RESEARCH IN NUCLEAR
SEISMIC MONITORING.
Of the amount authorized to be appropriated by sec-
tion 201(3) and made available for arms control implemen-
tation for the Air Force (account PE0305145F), $6,500,000
shall be available for basic research in nuclear seismic mon-
itoring.
SEC. 225. CYCLONE CLASS CRAFT SELF-DEFENSE.
(a) STUDY REQUIRED.—Not later than March 31,
1997, the Secretary of Defense shall—
(1) carry out a study of vessel self-defense op-
tions for the Cyclone class patrol craft; and
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(2) submit to the Committee on Armed Services
of the Senate and the Committee on National Secu-
rity of the House of Representatives a report on the
results of the study.
(b) SOCOM INVOLVEMENT.—The Secretary shall
carry out the study through the Commander of the Special
Operations Command.
(c) SPECIFIC SYSTEM TO BE EVALUATED.—The study
under subsection (a) shall include an evaluation of the
BARAK ship self-defense missile system.
SEC. 226. COMPUTER-ASSISTED EDUCATION AND TRAINING.
Of the amount authorized to be appropriated under
section 201(4), $10,000,000 shall be available under pro-
gram element 0601103D for computer-assisted education
and training at the Defense Advanced Research Projects
Agency.
SEC. 227. SEAMLESS HIGH OFF-CHIP CONNECTIVITY.
Of the amount authorized to be appropriated by this
Act, $7,000,000 shall be available for the Defense Advanced
Research Projects Agency for research and development on
Seamless High Off-Chip Connectivity (SHOCC) under the
materials 
and 
electronic 
technology 
program
(PE 0602712E).
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SEC. 228. COST-BENEFIT ANALYSIS OF F/A–18E/F AIRCRAFT
PROGRAM.
(a) REPORT ON PROGRAM.—Not later than March 30,
1997, the Secretary of Defense shall submit to the congres-
sional 
defense 
committees a 
report 
on 
the F/A–
18E/F aircraft program.
(b) CONTENT OF REPORT.—The report shall contain
the following:
(1) A review of the F/A–18E/F aircraft program.
(2) An analysis and estimate of the production
costs of the program for the total number of aircraft
realistically expected to be procured at each of three
annual production rates as follows:
(A) 18 aircraft.
(B) 24 aircraft.
(C) 36 aircraft.
(3) A comparison of the costs and benefits of the
program with the costs and benefits of the F/A–
18C/D aircraft program taking into account the oper-
ational combat effectiveness of the aircraft.
(c) LIMITATION ON USE OF FUNDS PENDING TRANS-
MITTAL OF REPORT.—No more than 90 percent of the funds
authorized to be appropriated by this Act may be obligated
or expended for the procurement of F/A–18E/F aircraft be-
fore the date that is 30 days after the date on which the
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congressional defense committees receive the report required
under subsection (a).
SEC. 229. NATIONAL POLAR-ORBITING OPERATIONAL ENVI-
RONMENTAL SATELLITE SYSTEM.
(a) FUNDS AVAILABLE FOR POLAR-ORBITING OPER-
ATIONAL ENVIRONMENTAL SATELLITE SYSTEM.—Of the
amount authorized to be appropriated under section 201(3),
$29,024,000 is available for the National Polar-Orbiting
Operational Environmental Satellite System (Space) pro-
gram (PE 0603434F).
(b) FUNDS AVAILABLE FOR INTERCONTINENTAL BAL-
LISTIC MISSILE.—Of the amount authorized to be appro-
priated under section 201(3), $212,895,000 is available for
the Intercontinental Ballistic Missile—EMD program (PE
0604851F).
SEC. 230. SURGICAL STRIKE VEHICLE FOR USE AGAINST
HARDENED AND DEEPLY BURIED TARGETS.
(a) AMOUNT AUTHORIZED.—Of the amount authorized
to 
be 
appropriated 
by 
section 
201(4) 
for
counterproliferation support program $3,000,000 shall be
made available to the Air Combat Command for research
and development into the near-term development of a capa-
bility to defeat hardened and deeply buried targets, includ-
ing tunnels and deeply buried facilities for the production
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and storage of chemical, biological, and nuclear weapons
and their delivery systems.
(b) REQUIREMENTS.—Nothing in this section shall be
construed as precluding the application of the requirements
of the Competition in Contracting Act.
Subtitle C—Ballistic Missile
Defense
SEC. 231. CONVERSION OF ABM TREATY TO MULTILATERAL
TREATY.
(a) FISCAL YEAR 1997.—It is the sense of the Senate
that during fiscal year 1997, the United States shall not
be bound by any international agreement entered into by
the President that would substantively modify the ABM
Treaty, including any agreement that would add one or
more countries as signatories to the treaty or would other-
wise convert the treaty from a bilateral treaty to a multilat-
eral treaty, unless the agreement is entered pursuant to the
treaty making power of the President under the Constitu-
tion.
(b) RELATIONSHIP
TO OTHER LAW.—This section
shall not be construed as superseding section 232 of the Na-
tional Defense Authorization Act for Fiscal Year 1995 (Pub-
lic Law 103–337; 108 Stat. 2701) for any fiscal year other
than fiscal year 1997, including any fiscal year after fiscal
year 1997.
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SEC. 232. FUNDING FOR UPPER TIER THEATER MISSILE DE-
FENSE SYSTEMS.
(a) FUNDING.—Funds authorized to be appropriated
under section 201(4) shall be available for purposes and in
amounts as follows:
(1) For the Theater High Altitude Area Defense
(THAAD) System, $621,798,000.
(2) For the Navy Upper Tier (Theater Wide)
system, $304,171,000.
(b) LIMITATION.—None of the funds appropriated or
otherwise made available for the Department of Defense
pursuant to this or any other Act may be obligated or ex-
pended by the Office of the Under Secretary of Defense for
Acquisition and Technology for official representation ac-
tivities, or related activities, until the Secretary of Defense
certifies to Congress that—
(1) the Secretary has made available for obliga-
tion the funds provided under subsection (a) for the
purposes specified in that subsection and in the
amounts appropriated pursuant to that subsection;
and
(2) the Secretary has included the Navy Upper
Tier theater missile defense system in the theater mis-
sile defense core program.
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SEC. 233. ELIMINATION OF REQUIREMENTS FOR CERTAIN
ITEMS TO BE INCLUDED IN THE ANNUAL RE-
PORT ON THE 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), (7), (9),
and (10); and
(2) by redesignating paragraphs (5), (6), and
(8), as paragraphs (3), (4), and (5), respectively.
SEC. 234. ABM TREATY DEFINED.
In this subtitle, the term ‘‘ABM Treaty’’ means the
Treaty Between the United States of America and the
Union of Soviet Socialist Republics on the Limitation of
Anti-Ballistic Missile Systems, signed in Moscow on May
26, 1972, with related protocol, signed in Moscow on July
3, 1974.
SEC. 235. SCORPIUS SPACE LAUNCH TECHNOLOGY PRO-
GRAM.
Of the amount authorized to be appropriated under
section 201(4) for the Ballistic Missile Defense Organization
for Support Technologies/Follow-On Technologies (PE
63173C), up to $7,500,000 is available for the Scorpius
space launch technology program.
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SEC. 236. CORPS SAM/MEADS PROGRAM.
(a) FUNDING.—Of the amount authorized to be appro-
priated under section 201(4)—
(1) $56,200,000 is available for the Corps sur-
face-to-air missile (SAM)/Medium Extended Air De-
fense System (MEADS) program (PE63869C); and
(2) $515,711,000 is available for Other Theater
Missile Defense programs, projects, and activities
(PE63872C).
(b) INTERNATIONAL COOPERATION.—The Secretary of
Defense may carry out the program referred to in subsection
(a) in accordance with the memorandum of understanding
entered into on May 25, 1996 by the governments of the
United States, Germany, and Italy regarding international
cooperation on such program (including any amendments
to the memorandum of understanding).
(c) LIMITATIONS.—Not more than $15,000,000 of the
amount available for the Corps SAM/MEADS program
under subsection (a) may be obligated until the Secretary
of Defense submits to the congressional defense committees
the following:
(1) An initial program estimate for the Corps
SAM/MEADS program, including a tentative sched-
ule of major milestones and an estimate of the total
program cost through initial operational capability.
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(2) A report on the options associated with the
use of existing systems, technologies, and program
management mechanisms to satisfy the requirement
for the Corps surface-to-air missile, including an as-
sessment of cost and schedule implications in relation
to the program estimate submitted under paragraph
(1).
(3) A certification that there will be no increase
in overall United States funding commitment to the
project definition and validation phase of the Corps
SAM/MEADS program as a result of the withdrawal
of France from participation in the program.
SEC. 237. ANNUAL REPORT ON THREAT OF ATTACK BY BAL-
LISTIC MISSILES CARRYING NUCLEAR, CHEM-
ICAL, OR BIOLOGICAL WARHEADS.
(a) FINDINGS.—Congress makes the following findings:
(1) The worldwide proliferation of ballistic mis-
siles is a potential threat to the United States na-
tional interests overseas and challenges United States
defense planning.
(2) In the absence of a national missile defense,
the United States remains vulnerable to long-range
missile threats.
(3) Russia has a ground-based missile defense
system deployed around Moscow.
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(4) Several countries, including Iraq, Iran, and
North Korea may soon be technologically capable of
threatening the United States and Russia with ballis-
tic missile attack.
(b) REPORT REQUIRED.—(1) Each year, the President
shall submit to Congress a report on the threats to the Unit-
ed States of attack by ballistic missiles carrying nuclear,
biological, or chemical warheads.
(2) The President shall submit the first report not later
than 180 days after the date of the enactment of this Act.
(c) CONTENT OF REPORT.—The report shall contain
the following:
(1) A list of all countries thought to have nu-
clear, chemical, or biological weapons, the estimated
numbers of such weapons that each country has, and
the destructive potential of the weapons.
(2) A list of all countries thought to have ballis-
tic missiles, the estimated number of such missiles
that each country has, and an assessment of the abil-
ity of those countries to integrate their ballistic mis-
sile capabilities with their nuclear, chemical, or bio-
logical weapons technologies.
(3) A comparison of the United States civil de-
fense capabilities with the civil defense capabilities of
each country that has nuclear, chemical, or biological
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weapons and ballistic missiles capable of delivering
such weapons.
(4) An estimate of the number of American fa-
talities and injuries that could result, and an esti-
mate of the value of property that could be lost, from
an attack on the United States by ballistic missiles
carrying nuclear, chemical, or biological weapons if
the United States were left undefended by a national
missile defense system covering all 50 States.
(5) Assuming the use of any existing theater bal-
listic missile defense system for defense of the United
States, a list of the States that would be left exposed
to nuclear ballistic missile attacks and the criteria
used to determine which States would be left exposed.
(6) The means by which the United States is
preparing to defend itself against the potential threat
of ballistic missile attacks by North Korea, Iran, Iraq,
and other countries obtaining ballistic missiles capa-
ble of delivering nuclear, chemical, and biological
weapons in the near future.
(7) For each country that is capable of attacking
the United States with ballistic missiles carrying a
nuclear, biological, or chemical weapon, a comparison
of—
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(A) the vulnerability of the United States to
such an attack if theater missile defenses were
used to defend against the attack; and
(B) the vulnerability of the United States to
such an attack if a national missile defense were
in place to defend against the attack.
SEC. 238. AIR FORCE NATIONAL MISSILE DEFENSE PLAN.
(a) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the Air Force proposal for a Minuteman
based national missile defense system is an important
national missile defense option and is worthy of seri-
ous consideration; and
(2) the Secretary of Defense should give the Air
Force National Missile Defense Proposal full consider-
ation.
(b) REPORT.—Not later than 120 days after the enact-
ment of this Act, the Secretary of Defense shall provide the
congressional defense committees a report on the following
matters in relation to the Air Force National Missile De-
fense Proposal:
(1) The cost and operational effectiveness of a
system that could be developed pursuant to the Air
Forces’ plan.
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(2) The Arms Control implications of such sys-
tem.
(3) Growth potential to meet future threats.
(4) The Secretary’s recommendation for improve-
ments to the Air Force’s plan.
SEC. 239. EXTENSION OF PROHIBITION ON USE OF FUNDS
TO IMPLEMENT AN INTERNATIONAL AGREE-
MENT CONCERNING THEATER MISSILE DE-
FENSE SYSTEMS.
Section 235(c) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
232) is amended in the matter preceding paragraph (1) by
inserting ‘‘or 1997’’ after ‘‘fiscal year 1996’’.
Subtitle D—Other Matters
SEC. 241. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR-
CRAFT.
(a) AUTHORITY
FOR RETROACTIVE WAIVER.—The
Secretary of Defense may, in accordance with section
2366(c) of title 10, United States Code, waive for the F–
22 aircraft program the survivability tests required by that
section, notwithstanding that such program has entered
full-scale engineering development.
(b) REPORTING REQUIREMENT.—(1) If the Secretary
of Defense submits in accordance with section 2366(c)(1)
of title 10, United States Code, a certification that live-fire
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testing of the F–22 aircraft would be unreasonably expen-
sive and impractical, the Secretary of Defense shall require
that F–22 aircraft components and subsystems be made
available for any alternative live-fire test program.
(2) The components and subsystem required by the
Secretary to be made available for such a program shall
be components that—
(A) could affect the survivability of the F–22 air-
craft; and
(B) are sufficiently large and realistic that
meaningful conclusions about the survivability of F–
22 aircraft can be drawn from the test results.
(c) FUNDING.—Funds available for the F–22 aircraft
program may be used for carrying out any alternative live-
fire testing program for F–22 aircraft.
SEC. 242. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR-
CRAFT.
(a) AUTHORITY
FOR RETROACTIVE WAIVER.—The
Secretary of Defense may, in accordance with section
2366(c) of title 10, United States Code, waive for the V–
22 aircraft program the survivability tests required by that
section, notwithstanding that such program has entered en-
gineering and manufacturing development.
(b) ALTERNATIVE SURVIVABILITY TEST REQUIRE-
MENTS.—If the Secretary of Defense submits in accordance
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with section 2366(c)(1) of title 10, United States Code, a
certification that live-fire testing of the V–22 aircraft would
be unreasonably expensive and impractical, the Secretary
of Defense shall require that a sufficient number of compo-
nents critical to the survivability of the V–22 aircraft be
tested in an alternative live-fire test program involving re-
alistic threat environments that meaningful conclusions
about the survivability of V–22 aircraft can be drawn from
the test results.
(c) FUNDING.—Funds available for the V–22 aircraft
program may be used for carrying out any alternative live-
fire testing program for V–22 aircraft.
SEC. 243. AMENDMENT TO UNIVERSITY RESEARCH INITIA-
TIVE SUPPORT PROGRAM.
Section 802(c) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.
1701; 10 U.S.C. 2358 note) is amended by striking out ‘‘fis-
cal years before the fiscal year in which the institution sub-
mits a proposal’’ and inserting in lieu thereof ‘‘most recent
fiscal years for which complete statistics are available when
proposals are requested’’.
SEC. 244. DESALTING TECHNOLOGIES.
(a) FINDINGS.—Congress makes the following findings:
(1) Access to scarce fresh water is likely to be a
cause of future military conflicts in the Middle East
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and has a direct impact on stability and security in
the region.
(2) The Middle East is an area of vital and stra-
tegic importance to the United States.
(3) The United States has played a military role
in the Middle East, most recently in the Persian Gulf
War, and may likely be called upon again to deter
aggression in the region.
(4) United States troops have used desalting
technologies to guarantee the availability of fresh
water in past deployments in the Middle East.
(5) Adequate, efficient, and cheap access to high-
quality fresh water will be vital to maintaining the
readiness and sustainability of United States troops,
and those of our allies.
(b) SENSE OF SENATE.—It is the sense of the Senate
that, as improved access to fresh water will be an important
factor in helping prevent future conflicts in the Middle
East, the United States should, in cooperation with its al-
lies, promote and invest in technologies to reduce the costs
of converting saline water into fresh water.
(c) FUNDING FOR RESEARCH AND DEVELOPMENT.—
Of the amounts authorized to be appropriated by this title,
the Secretary shall place greater emphasis on making funds
available for research and development into efficient and
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economical processes and methods for converting saline
water into fresh water.
Subtitle E—National
Oceanographic Partnership
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ‘‘National Oceano-
graphic Partnership Act’’.
SEC. 252. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO-
GRAM.
(a) PROGRAM REQUIRED.—(1) Subtitle C of title 10,
United States Code, is amended by inserting 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. Partnership program projects.
‘‘§ 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,
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protecting quality of life, and strengthening science
education and communication through improved
knowledge of the ocean.
‘‘(2) To coordinate and strengthen oceanographic
efforts in support of those goals by—
‘‘(A) identifying and carrying out partner-
ships among Federal agencies, institutions of
higher education, industry, and other members of
the oceanographic scientific community in the
areas of data, resources, education, and commu-
nication; and
‘‘(B) reporting annually to Congress on the
program.
‘‘(c) NATIONAL COASTAL DATA CENTER.—(1) The Sec-
retary of the Navy shall establish a National Coastal Data
Center at each of two educational institutions that are ei-
ther well-established oceanographic institutes or graduate
schools of oceanography. The Secretary shall select for the
center one institution located at or near the east coast of
the continental United States and one institution located
at or near the west coast of the continental United States.
‘‘(2) The purpose of the center is to collect, maintain,
and make available for research and educational purposes
information on coastal oceanographic phenomena.
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‘‘(3) The Secretary shall complete the establishment of
the National Coastal Data Center not later than one year
after the date of the enactment of the National Defense Au-
thorization Act for Fiscal Year 1997.
‘‘§ 7902. National Ocean Research Leadership Council
‘‘(a) COUNCIL.—There is a National Ocean Research
Leadership Council (hereinafter in this chapter referred to
as the ‘‘Council’’).
‘‘(b) MEMBERSHIP.—The Council is composed of the
following members:
‘‘(1) The Secretary of the Navy who shall be the
chairman of the Council.
‘‘(2) The Administrator of the National Oceanic
and Atmospheric Administration, who shall be the
vice chairman of the Council.
‘‘(3) The Director of the National Science Foun-
dation.
‘‘(4) The Administrator of the National Aero-
nautics and Space Administration.
‘‘(5) The Commandant of the Coast Guard.
‘‘(6) With their consent, the President of the Na-
tional Academy of Sciences, the President of the Na-
tional Academy of Engineering, and the President of
the Institute of Medicine.
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‘‘(7) Up to five members appointed by the Chair-
man from among individuals who will represent the
views of ocean industries, institutions of higher edu-
cation, and State governments.
‘‘(c) TERM OF OFFICE.—The term of office of a mem-
ber of the Council appointed under paragraph (7) of sub-
section (b) shall be two years, except that any person ap-
pointed to fill a vacancy occurring before the expiration of
the term for which his predecessor was appointed shall be
appointed for the remainder of such term.
‘‘(d) 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 (estab-
lished pursuant to subsection (e)), the Ocean Research
Advisory Panel (established pursuant to subsection
(f)), and any working groups in existence during the
fiscal year covered.
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‘‘(2) A general outline of the activities planned
for the program during the fiscal year in which the
report is prepared.
‘‘(3) A summary of projects continued from the
fiscal year before the fiscal year in which the report
is prepared and projects expected to be started during
the fiscal year in which the report is prepared and
during the following fiscal year.
‘‘(4) A description of the involvement of the pro-
gram with Federal interagency coordinating entities.
‘‘(5) The amounts requested, in the budget sub-
mitted to Congress pursuant to section 1105(a) of title
31 for the fiscal year following the fiscal year in
which the report is prepared, for the programs,
projects, and activities of the program and the esti-
mated expenditures under such programs, projects,
and activities during such following fiscal year.
‘‘(e) OCEAN RESEARCH PARTNERSHIP COORDINATING
GROUP.—(1) The Council shall establish an Ocean Research
Partnership Coordinating Group consisting of not more
than 10 members appointed by the Council from among of-
ficers and employees of the Government, persons employed
in the maritime industry, educators at institutions of high-
er education, and officers and employees of State govern-
ments.
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‘‘(2) The Council shall designate a member of the Co-
ordinating Group to serve as Chairman of the group.
‘‘(3) The Council shall assign to the Coordinating
Group responsibilities that the Council considers appro-
priate. The Coordinating Group shall be subject to the au-
thority, direction, and control of the Council in the perform-
ance the assigned responsibilities.
‘‘(f) OCEAN RESEARCH ADVISORY PANEL.—(1) The
Council shall establish an Ocean Research Advisory Panel
consisting of members appointed by the Council from
among persons eminent in the fields of oceanography, ocean
sciences, or marine policy (or related fields) who are rep-
resentative of the interests of governments, institutions of
higher education, and industry in the matters covered by
the purposes of the National Oceanographic Partnership
Program (as set forth in section 7901(b) of this title).
‘‘(2) The Council shall assign to the Advisory Panel
responsibilities that the Council consider appropriate. The
Coordinating Group shall be subject the authority, direc-
tion, and control of the Council to in the performance of
the assigned responsibilities.
‘‘§ 7903. Partnership program projects
‘‘(a) SELECTION OF PARTNERSHIP PROJECTS.—The
National Ocean Research Leadership Council shall select
the partnership projects that are to be considered eligible
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for support under the National Oceanographic Partnership
Program. A project partnership may be established by any
instrument that the Council considers appropriate, includ-
ing a memorandum of understanding, a cooperative re-
search and development agreement, and any similar instru-
ment.
‘‘(b) CONTRACT
AND GRANT AUTHORITY.—(1) The
Council may authorize one or more of the departments and
agencies of the Federal Government represented on the
Council to enter into contracts or to make grants for the
support of partnership projects selected under subsection
(a).
‘‘(2) Funds appropriated or otherwise made available
for the National Oceanographic Partnership Program may
be used for contracts entered into or grants awarded under
authority provided pursuant to paragraph (1).’’.
(2) The table 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’’.
(b) INITIAL APPOINTMENTS OF COUNCIL MEMBERS.—
The Chairman of the National Ocean Research Leadership
Council established under section 7902 of title 10, United
States Code, as added by subsection (a)(1), shall make the
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appointments required by subsection (b)(7) of such section
not later than December 1, 1996.
(c) FIRST ANNUAL REPORT OF NATIONAL OCEAN RE-
SEARCH LEADERSHIP COUNCIL.—The first annual report
required by section 7902(d) of title 10, United States Code,
as added by subsection (a)(1), shall be submitted to Con-
gress 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, procedures,
and responsibilities of the Ocean Research Advisory Panel
established by the Council.
(d) FUNDING.—Of the funds authorized to be appro-
priated by section 201(2), $13,000,000 shall be available for
the National Oceanographic Partnership Program.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows:
(1) For the Army, $18,147,623,000.
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(2) For the Navy, $20,298,339,000.
(3) For the Marine Corps, $2,279,477,000.
(4) For the Air Force, $17,949,339,000.
(5) For Defense-wide activities, $9,863,942,000.
(6) For the Army Reserve, $1,094,436,000.
(7) For the Naval Reserve, $851,027,000.
(8) For the Marine Corps Reserve, $110,367,000.
(9) For the Air Force Reserve, $1,493,553,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,218,477,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,699,173,000.
(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, Army,
$356,916,000.
(15) For Environmental Restoration, Navy,
$302,900,000.
(16) For Environmental Restoration, Air Force,
$414,700,000.
(17) For Environmental Restoration, Defense-
wide, $258,500,000.
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(18) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $793,824,000.
(19) 
For 
Medical 
Programs, 
Defense,
$9,375,988,000.
(20) For Cooperative Threat Reduction pro-
grams, $327,900,000.
(21) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $49,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Business Operations Fund,
$947,900,000.
(2) For the National Defense Sealift Fund,
$1,268,002,000.
SEC. 303. DEFENSE NUCLEAR AGENCY.
Of the amounts authorized to be appropriated for the
Department of Defense under section 301(5), $88,083,000
shall be available for the Defense Nuclear Agency.
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SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in
appropriations Acts, not more than $150,000,000 is author-
ized to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts
for fiscal year 1997 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(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.
SEC. 305. CIVIL AIR PATROL.
(a) FUNDING.—Of the amounts authorized to be ap-
propriated pursuant to this Act, $14,526,000 may be made
available to the Civil Air Patrol Corporation.
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(b) AMOUNT
FOR
SEARCH
AND
RESCUE
OPER-
ATIONS.—Of the amount made available pursuant to sub-
section (a), not more than 75 percent of such amount may
be available for costs other than the costs of search and res-
cue missions.
SEC. 306. SR–71 CONTINGENCY RECONNAISSANCE FORCE.
Of the funds authorized to be appropriated by section
301(4), $30,000,000 is authorized to be made available for
the SR–71 contingency reconnaissance force.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 311. FUNDING FOR SECOND AND THIRD MARITIME
PREPOSITIONING SHIPS OUT OF NATIONAL
DEFENSE SEALIFT FUND.
(a) NATIONAL DEFENSE SEALIFT FUND.—To the ex-
tent provided in appropriations Acts, funds in the National
Defense Sealift Fund may be obligated and expended for
the purchase and conversion, or construction, of a total of
three ships for the purpose of enhancing Marine Corps
prepositioning ship squadrons.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Of the
amount authorized to be appropriated under section 302(2),
$240,000,000 is authorized to be appropriated for the pur-
pose stated in subsection (a).
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SEC. 312. NATIONAL DEFENSE SEALIFT FUND.
Section 2218 of title 10, United States Code, is amend-
ed—
(1) in subsection (c)(1)(E), by striking out ‘‘, but
only for vessels built in United States shipyards’’;
(2) in subsection (f)—
(A) in paragraph (1)—
(i) by striking out ‘‘five’’ and inserting
in lieu thereof ‘‘ten’’; and
(ii) by striking out ‘‘(c)(1)’’ and in-
serting in lieu thereof ‘‘(c)(1)(A)’’; and
(B) in paragraph (2), by striking out
‘‘(c)(1)’’ 
and 
inserting 
in 
lieu 
thereof
‘‘(c)(1)(A)’’; and
(3) in subsection (j), by striking out ‘‘(c)(1) (A),
(B), (C), and (D)’’ and inserting in lieu thereof
‘‘(c)(1) (A), (B), (C), (D), and (E)’’.
SEC. 313. NONLETHAL WEAPONS CAPABILITIES.
Of the amount authorized to be appropriated under
section 301, $5,000,000 shall be available for the immediate
procurement of nonlethal weapons capabilities to meet ex-
isting deficiencies in inventories of such capabilities, of
which—
(1) $2,000,000 shall be available for the Army;
and
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(2) $3,000,000 shall be available for the Marine
Corps.
SEC. 314. RESTRICTION ON COAST GUARD FUNDING.
No funds are authorized by this Act to be appropriated
to the Department of Defense for the Coast Guard within
budget subfunction 054.
SEC. 315. OCEANOGRAPHIC SHIP OPERATIONS AND DATA
ANALYSIS.
(a) FUNDS AUTHORIZED.—Of the funds provided by
section 301(2), an additional $6,200,000 may be authorized
for the reduction, storage, modeling and conversion of
oceanographic data for use by the Navy, consistent with
Navy’s requirements.
(b) PURPOSE.—Such funds identified in subsection (a)
shall be in addition to such amounts already provided for
this purpose in the budget request.
Subtitle C—Depot-Level Activities
SEC. 321. DEPARTMENT OF DEFENSE PERFORMANCE OF
CORE LOGISTICS FUNCTIONS.
Section 2464(a) of title 10, United States Code is
amended by striking out paragraph (2) and inserting in
lieu thereof the following:
‘‘(2) The Secretary of Defense shall maintain within
the Department of Defense those logistics activities and ca-
pabilities that are necessary to provide the logistics capabil-
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ity described in paragraph (1). The logistics activities and
capabilities maintained under this paragraph shall include
all personnel, equipment, and facilities that are necessary
to maintain and repair the weapon systems and other mili-
tary equipment identified under paragraph (3).
‘‘(3) The Secretary of Defense, in consultation with the
Joint Chiefs of Staff, shall identify the weapon systems and
other military equipment that it is necessary to maintain
and repair within the Department of Defense in order to
maintain within the department the capability described
in paragraph (1).
‘‘(4) The Secretary shall require that the core logistics
functions identified pursuant to paragraph (3) be per-
formed in Government-owned, Government-operated facili-
ties of the Department of Defense by Department of Defense
personnel using Department of Defense equipment.’’.
SEC. 322. INCREASE IN PERCENTAGE LIMITATION ON CON-
TRACTOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS.
(a) FIFTY PERCENT LIMITATION.—Section 2466(a) of
title 10, United States Code, is amended by striking out
‘‘40 percent’’ in the first sentence and inserting in lieu
thereof ‘‘50 percent’’.
(b) INCREASE DELAYED PENDING RECEIPT OF STRA-
TEGIC PLAN FOR THE PERFORMANCE OF DEPOT-LEVEL
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MAINTENANCE AND REPAIR.—(1) Notwithstanding the first
sentence of section 2466(a) of title 10, United States Code
(as amended by subsection (a)), until the strategic plan for
the performance of depot-level maintenance and repair is
submitted under section 325, not more than 40 percent of
the funds made available in a fiscal year to a military de-
partment or a Defense Agency for depot-level maintenance
and repair workload may be used to contract for the per-
formance by non-Federal Government personnel of such
workload for the military department or the Defense Agen-
cy.
(2) In paragraph (1), the term ‘‘depot-level mainte-
nance and repair workload’’ has the meaning given such
term in section 2466(f) of title 10, United States Code.
SEC. 323. REPORT ON DEPOT-LEVEL MAINTENANCE AND
REPAIR.
Subsection (e) of section 2466 of title 10, United States
Code, is amended to read as follows:
‘‘(e) REPORT.—(1) Not later than February 1 of each
year, the Secretary of Defense shall submit to Congress a
report identifying, for each military department and De-
fense Agency—
‘‘(A) the percentage of the funds referred to in
subsection (a) that were used during the preceding fis-
cal year for performance of depot-level maintenance
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and repair workloads by Federal Government person-
nel; and
‘‘(B) the percentage of the funds referred to in
subsection (a) that were used during the preceding fis-
cal year to contract for the performance of depot-level
maintenance and repair workloads by non-Federal
Government personnel.
‘‘(2) Not later than 90 days after the date on which
the Secretary submits the annual report under paragraph
(1), the Comptroller General shall submit to the Committees
on Armed Services and on Appropriations of the Senate
and the Committees on National Security and on Appro-
priations of the House of Representatives the Comptroller’s
views on whether the Department of Defense has complied
with the requirements of subsection (a) for the fiscal year
covered by the report.’’.
SEC. 324. DEPOT-LEVEL MAINTENANCE AND REPAIR WORK-
LOAD DEFINED.
Section 2466 of title 10, United States Code, is amend-
ed by adding at the end the following:
‘‘(f) DEPOT-LEVEL MAINTENANCE AND REPAIR WORK-
LOAD DEFINED.—In this section, the term ‘depot-level
maintenance and repair workload’—
‘‘(1) means material maintenance requiring
major overhaul or complete rebuilding of parts, as-
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semblies, or subassemblies, and testing and reclama-
tion of equipment as necessary, including all aspects
of software maintenance;
‘‘(2) includes those portions of interim contractor
support, contractor logistics support, or any similar
contractor support for the performance of services de-
scribed in paragraph (1); and
‘‘(3) does not include ship modernization and
other repair activities that—
‘‘(A) are funded out of appropriations
available to the Department of Defense for pro-
curement; and
‘‘(B) were not considered to be depot-level
maintenance and repair workload activities
under regulations of the Department of Defense
in effect on February 10, 1996.’’.
SEC. 325. STRATEGIC PLAN RELATING TO DEPOT-LEVEL
MAINTENANCE AND REPAIR.
(a) STRATEGIC PLAN REQUIRED.—(1) As soon as pos-
sible after the enactment of this Act, the Secretary of De-
fense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives a strategic plan for the perform-
ance of depot-level maintenance and repair.
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(2) The strategic plan shall cover the performance of
depot-level maintenance and repair for the Department of
Defense in fiscal years 1998 through 2007. The plan shall
provide for maintaining the capability described in section
2464 of title 10, United States Code.
(b) ADDITIONAL MATTERS COVERED.—The Secretary
of Defense shall include in the strategic plan submitted
under subsection (a) a detailed discussion of the following
matters:
(1) For each military department, as determined
after consultation with the Secretary of that military
department and the Chairman of the Joint Chiefs of
Staff, the depot-level maintenance and repair activi-
ties and workloads that are necessary to perform
within the Department of Defense in order to main-
tain the core logistics capability required by section
2464 of title 10, United States Code.
(2) For each military department, as determined
after consultation with the Secretary of that military
department and the Chairman of the Joint Chiefs of
Staff, the depot-level maintenance and repair activi-
ties and workloads that the Secretary of Defense plans
to perform within the Department of Defense in order
to satisfy the requirements of section 2466 of title 10,
United States Code.
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(3) For the activities identified pursuant to
paragraphs (1) and (2), a discussion of which specific
existing weapon systems or other existing equipment,
and which specific planned weapon systems or other
planned equipment, are weapon systems or equipment
for which it is necessary to maintain a core depot-
level maintenance and repair capability within the
Department of Defense.
(4) The core capabilities, including sufficient
skilled personnel, equipment, and facilities, that—
(A) are of sufficient size—
(i) to ensure a ready and controlled
source of the technical competencies, and the
maintenance and repair capabilities, that
are necessary to meet the requirements of
the national military strategy and other re-
quirements for responding to mobilizations
and military contingencies; and
(ii) to provide for rapid augmentation
in time of emergency; and
(B) are assigned a sufficient workload to
ensure cost efficiency and technical proficiency
in peacetime.
(5) The environmental liability issues associated
with any projected privatization of the performance of
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depot-level maintenance and repair, together with de-
tailed projections of the cost to the United States of
satisfying environmental liabilities associated with
such privatized performance.
(6) Any significant issues and risks concerning
exchange of technical data on depot-level maintenance
and repair between the Federal Government and the
private sector.
(7) Any deficiencies in Department of Defense fi-
nancial systems that hinder effective evaluation of
competitions (whether among private-sector sources or
among depot-level activities owned and operated by
the Department of Defense and private-sector sources),
and merit-based selections (among depot-level activi-
ties owned and operated by the Department of De-
fense), for a depot-level maintenance and repair work-
load, together with plans to correct such deficiencies.
(9) The type of facility (whether a private sector
facility or a Government owned and operated facility)
in which depot-level maintenance and repair of any
new weapon systems that will reach full scale develop-
ment is to be performed.
(10) The workloads necessary to maintain Gov-
ernment owned and operated depots at 50 percent, 70
percent, and 85 percent of operating capacity.
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(11) A plan for improving the productivity of
the Government owned and operated depot mainte-
nance and repair facilities, together with manage-
ment plans for changing administrative and missions
processes to achieve productivity gains, a discussion
of any barriers to achieving desired productivity
gains at the depots, and any necessary changes in ci-
vilian personnel policies that are necessary to im-
prove productivity.
(12) The criteria used to make decisions on
whether to convert to contractor performance of depot-
level maintenance and repair, the officials responsible
for making the decision to convert, and any depot-
level maintenance and repair workloads that are pro-
posed to be converted to contractor performance before
the end of fiscal year 2001.
(13) A detailed analysis of savings proposed to
be achieved by contracting for the performance of
depot-level maintenance and repair workload by pri-
vate sector sources, together with the report on the re-
view of the analysis (and the assumptions underlying
the analysis) provided for under subsection (c).
(c) INDEPENDENT REVIEW OF SAVINGS ANALYSIS.—
The Secretary shall provide for a public accounting firm
(independent of Department of Defense influence) to review
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the analysis referred to in subsection (b)(13) and the as-
sumptions underlying the analysis for submission to the
committees referred to in subsection (a) and to the Comp-
troller General.
(d) REVIEW BY COMPTROLLER GENERAL.—(1) At the
same time that the Secretary of Defense transmits the stra-
tegic plan under subsection (a), the Secretary shall transmit
a copy of the plan (including the report of the public ac-
counting firm provided for under subsection (c)) to the
Comptroller General of the United States and make avail-
able to the Comptroller General all information used by the
Department of Defense in preparing the plan and analysis.
(2) Not later than 60 days after the date on which
the Secretary submits the strategic plan required by sub-
section (a), the Comptroller General shall transmit to Con-
gress a report containing a detailed analysis of the strategic
plan.
(e) ADDITIONAL
REPORTING
REQUIREMENT
FOR
COMPTROLLER GENERAL.—Not later than February 1,
1997, the Comptroller General shall submit to the commit-
tees referred to in subsection (a) a report on the effectiveness
of the oversight by the Department of Defense of the man-
agement of existing contracts with private sector sources of
depot-level maintenance and repair of weapon systems, the
adequacy of Department of Defense financial and informa-
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tion systems to support effective decisions to contract for
private sector performance of depot-level maintenance and
repair workloads that are being or have been performed by
Government personnel, the status of reengineering efforts at
depots owned and operated by the United States, and any
overall management weaknesses within the Department of
Defense that would hinder effective use of contracting for
the performance of depot-level maintenance and repair.
SEC. 326. ANNUAL REPORT ON COMPETITIVE PROCEDURES.
(a) ANNUAL REPORT.—Section 2469 of title 10, Unit-
ed States Code, is amended by adding at the end the follow-
ing:
‘‘(d) ANNUAL REPORT.—Not later than March 31 of
each year, the Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a re-
port describing the competitive procedures used during the
preceding fiscal year for competitions referred to in sub-
section (a).’’.
(b) FIRST REPORT.—The first report under subsection
(d) of section 2469 of title 10, United States Code (as added
by subsection (a)), shall be submitted not later than March
31, 1997.
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SEC. 327. ANNUAL RISK ASSESSMENTS REGARDING PRI-
VATE PERFORMANCE OF DEPOT-LEVEL MAIN-
TENANCE WORK.
(a) REPORTS.—Chapter 146 of title 10, United States
Code, is amended by adding at the end the following:
‘‘§ 2473. Reports on privatization of depot-level main-
tenance work
‘‘(a) ANNUAL RISK ASSESSMENTS.—(1) Not later than
January 1 of each year, the Joint Chiefs of Staff shall sub-
mit to the Secretary of Defense a report on the privatization
of the performance of the various depot-level maintenance
workloads of the Department of Defense.
‘‘(2) The report shall include with respect to each
depot-level maintenance workload the following:
‘‘(A) An assessment of the risk to the readiness,
sustainability, and technology of the Armed Forces in
a full range of anticipated scenarios for peacetime
and for wartime of—
‘‘(i) using public entities to perform the
workload;
‘‘(ii) using private entities to perform the
workload; and
‘‘(iii) using a combination of public entities
and private entities to perform the workload.
‘‘(B) The recommendation of the Joint Chiefs as
to whether public entities, private entities, or a com-
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bination of public entities and private entities could
perform the workload without jeopardizing military
readiness.
‘‘(3) Not later than 30 days after receiving the report
under paragraph (2)(B), the Secretary shall transmit the
report to Congress. If the Secretary does not concur in the
recommendation made by the Joint Chiefs pursuant to
paragraph (2)(B), the Secretary shall include in the report
under this paragraph—
‘‘(A) the recommendation of the Secretary; and
‘‘(B) a justification for the differences between
the recommendation of the Joint Chiefs and the rec-
ommendation of the Secretary.
‘‘(b) ANNUAL REPORT
ON PROPOSED PRIVATIZA-
TION.—(1) Not later than February 28 of each year, the
Joint Chiefs of Staff shall submit to the Secretary of Defense
a report on each depot-level maintenance workload of the
Department of Defense that the Joint Chiefs believe could
be converted to performance by private entities during the
next fiscal year without jeopardizing military readiness.
‘‘(2) Not later than 30 days after receiving a report
under paragraph (1), the Secretary shall transmit the re-
port to Congress. If the Secretary does not concur in the
proposal of the Joint Chiefs in the report, the Secretary
shall include in the report under this paragraph—
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‘‘(A) each depot-level maintenance workload of
the Department that the Secretary proposes to be per-
formed by private entities during the fiscal year con-
cerned; and
‘‘(B) a justification for the differences between
the proposal of the Joint Chiefs and the proposal of
the Secretary.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following:
‘‘2473. Reports on privatization of depot-level maintenance work.’’.
SEC. 328. EXTENSION OF AUTHORITY FOR NAVAL SHIP-
YARDS AND AVIATION DEPOTS TO ENGAGE IN
DEFENSE-RELATED PRODUCTION AND SERV-
ICES.
(a) EXTENSION OF AUTHORITY.—Section 1425(e) of
the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101–510) is amended by striking out ‘‘ex-
pires on September 30, 1995’’ and inserting in lieu thereof
‘‘may not be exercised after September 30, 1997’’.
(b) REVIVAL OF EXPIRED AUTHORITY.—The authority
provided in section 1425 of the National Defense Authoriza-
tion Act for Fiscal Year 1991 may be exercised after Sep-
tember 30, 1995, subject to the limitation in subsection (e)
of such section as amended by subsection (a) of this section.
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SEC. 329. LIMITATION ON USE OF FUNDS FOR F–18 AIR-
CRAFT DEPOT MAINTENANCE.
Of the amounts authorized to be appropriated by sec-
tion 301(2), not more than $5,000,000 may be used for the
performance of depot maintenance on F–18 aircraft until
30 days after the date on which the Secretary of Defense
submits to the congressional defense committees a report on
aviation depot maintenance. The report shall contain the
following:
(1) The results of a competition which the Sec-
retary shall conduct between all Department of De-
fense aviation depots for selection for the performance
of depot maintenance on F–18 aircraft.
(2) An analysis of the total cost of transferring
the F–18 aircraft depot maintenance workload to an
aviation depot not performing such workload as of the
date of the enactment of this Act.
SEC. 330. DEPOT MAINTENANCE AND REPAIR AT FACILITIES
CLOSED BY BRAC.
The Secretary may not contract for the performance
by a private sector source of any of the depot maintenance
workload performed as of the date of the enactment of this
Act at Sacramento Air Logistics Center or the San Antonio
Air Logistics Center until the Secretary—
(1) publishes criteria for the evaluation of bids
and proposals to perform such workload;
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(2) conducts a competition for the workload be-
tween public and private entities;
(3) pursuant to the competition, determines in
accordance with the criteria published under para-
graph (1) that an offer submitted by a private sector
source to perform the workload is the best value for
the United States; and
(4) submits to Congress the following—
(A) a detailed comparison of the cost of the
performance of the workload by civilian employ-
ees of the Department of Defense with the cost of
the performance of the workload by that source;
and
(B) an analysis which demonstrates that the
performance of the workload by that source will
provide the best value for the United States over
the life of the contract.
Subtitle D—Environmental
Provisions
SEC. 341. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL
RESTORATION ACCOUNTS FOR EACH MILI-
TARY DEPARTMENT.
(a) ESTABLISHMENT.—(1) Section 2703 of title 10,
United States Code, is amended to read as follows:
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‘‘§ 2703. Environmental restoration accounts
‘‘(a) ESTABLISHMENT OF ACCOUNTS.—There are here-
by established in the Department of Defense the following
accounts:
‘‘(1) An account to be known as the ‘Defense En-
vironmental Restoration Account’.
‘‘(2) An account to be known as the ‘Army Envi-
ronmental Restoration Account’.
‘‘(3) An account to be known as the ‘Navy Envi-
ronmental Restoration Account’.
‘‘(4) An account to be known as the ‘Air Force
Environmental Restoration Account’.
‘‘(b) OBLIGATION OF AUTHORIZED AMOUNTS.—Funds
authorized for deposit in an account under subsection (a)
may be obligated or expended from the account only in
order to carry out the environmental restoration functions
of the Secretary of Defense and the Secretaries of the mili-
tary departments under this chapter and under any other
provision of law. Funds so authorized shall remain avail-
able until expended.
‘‘(c) BUDGET REPORTS.—In proposing the budget for
any fiscal year pursuant to section 1105 of title 31, the
President shall set forth separately the amounts requested
for environmental restoration programs of the Department
of Defense and of each of the military departments under
this chapter and under any other Act.
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‘‘(d) AMOUNTS RECOVERED.—The following amounts
shall be credited to the appropriate environmental restora-
tion account:
‘‘(1) Amounts recovered under CERCLA for re-
sponse actions.
‘‘(2) Any other amounts recovered from a con-
tractor, insurer, surety, or other person to reimburse
the Department of Defense or a military department
for any expenditure for environmental response ac-
tivities.
‘‘(e) PAYMENTS OF FINES AND PENALTIES.—None of
the funds appropriated to the Defense Environmental Res-
toration Account for fiscal years 1995 through 1999, or to
any environmental restoration account of a military de-
partment for fiscal years 1997 through 1999, may be used
for the payment of a fine or penalty (including any supple-
mental environmental project carried out as part of such
penalty) imposed against the Department of Defense or a
military department unless the act or omission for which
the fine or penalty is imposed arises out of an activity fund-
ed by the environmental restoration account concerned and
the payment of the fine or penalty has been specifically au-
thorized by law.’’.
(2) The table of sections at the beginning of chapter
160 of title 10, United States Code, is amended by striking
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out the item relating to section 2703 and inserting in lieu
thereof the following new item:
‘‘2703. Environmental restoration accounts.’’.
(b) REFERENCES.—Any reference to the Defense Envi-
ronmental Restoration Account in any Federal law, Execu-
tive Order, regulation, delegation of authority, or document
of or pertaining to the Department of Defense shall be
deemed to refer to the appropriate environmental restora-
tion account established under section 2703(a)(1) of title 10,
United States Code (as amended by subsection (a)(1)).
(c) CONFORMING AMENDMENT.—Section 2705(g)(1) of
title 10, United States Code, is amended by striking out
‘‘the Defense Environmental Restoration Account’’ and in-
serting in lieu thereof ‘‘the environmental restoration ac-
count concerned’’.
(d) TREATMENT OF UNOBLIGATED BALANCES.—Any
unobligated balances that remain in the Defense Environ-
mental Restoration Account under section 2703(a) of title
10, United States Code, as of the effective date specified in
subsection (e) shall be transferred on such date to the De-
fense Environmental Restoration Account established under
section 2703(a)(1) of title 10, United States Code (as
amended by subsection (a)(1)).
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the later of—
(1) October 1, 1996; or
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(2) the date of the enactment of this Act.
SEC. 342. DEFENSE CONTRACTORS COVERED BY REQUIRE-
MENT FOR REPORTS ON CONTRACTOR REIM-
BURSEMENT COSTS FOR RESPONSE ACTIONS.
Section 2706(d)(1)(A) of title 10, United States Code,
is amended by striking out ‘‘100’’ and inserting in lieu
thereof ‘‘20’’.
SEC. 343. REPEAL OF REDUNDANT NOTIFICATION AND CON-
SULTATION REQUIREMENTS REGARDING RE-
MEDIAL INVESTIGATIONS AND FEASIBILITY
STUDIES AT CERTAIN INSTALLATIONS TO BE
CLOSED UNDER THE BASE CLOSURE LAWS.
Section 334 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102–190; 105
Stat. 1340; 10 U.S.C. 2687 note) is repealed.
SEC. 344. PAYMENT OF CERTAIN STIPULATED CIVIL PEN-
ALTIES.
(a) AUTHORITY.—The Secretary of Defense may pay
to the Hazardous Substance Superfund established under
section 9507 of the Internal Revenue Code of 1986 (26
U.S.C. 9507) stipulated civil penalties assessed under
CERCLA in amounts, and using funds, as follows:
(1) Using funds authorized to be appropriated to
the Army Environmental Restoration Account estab-
lished under section 2703(a)(1)(B) of title 10, United
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States Code, as amended by section 341 of this Act,
$34,000 assessed against Fort Riley, Kansas, under
CERCLA.
(2) Using funds authorized to be appropriated to
the Navy Environmental Restoration Account estab-
lished under section 2703(a)(1)(C) of that title, as so
amended, $30,000 assessed against the Naval Edu-
cation and Training Center, Newport, Rhode Island,
under CERCLA.
(3) Using funds authorized to be appropriated to
the Air Force Environmental Restoration Account es-
tablished under section 2703(a)(1)(D) of that title, as
so amended—
(A) $550,000 assessed against the Massa-
chusetts Military Reservation, Massachusetts,
under CERCLA, of which $500,000 shall be for
the supplemental environmental project for a
groundwater modeling project that constitutes a
part of the negotiated settlement of a penalty
against the reservation; and
(B) $10,000 assessed against F.E. Warren
Air Force Base, Wyoming, under CERCLA.
(4) Using funds authorized to be appropriated to
the Department of Defense Base Closure Account 1990
by section 2406(a)(13) of this Act, $50,000 assessed
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against Loring Air Force Base, Maine, under
CERCLA.
(b) CERCLA DEFINED.—In this section, the term
‘‘CERCLA’’ means the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
SEC. 345. AUTHORITY TO WITHHOLD LISTING OF FEDERAL
FACILITIES ON NATIONAL PRIORITIES LIST.
Section 120(d) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(d)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ‘‘Not later than 18 months after
the enactment of the Superfund Amendments and Re-
authorization Act of 1986, the Administrator’’ and
inserting the following:
‘‘(1) IN GENERAL.—The Administrator’’; and
(3) by striking ‘‘Such criteria’’ and all that fol-
lows through the end of the subsection and inserting
the following:
‘‘(2) APPLICATION OF CRITERIA.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the criteria referred to in paragraph
(1) shall be applied in the same manner as the
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criteria are applied to facilities that are owned
or operated by persons other than the United
States.
‘‘(B) RESPONSE UNDER OTHER LAW.—That
the head of the department, agency, or instru-
mentality that owns or operates a facility has
arranged with the Administrator or appropriate
State authorities to respond appropriately,
under authority of a law other than this Act, to
a release or threatened release of a hazardous
substance shall be an appropriate factor to be
taken into consideration for the purposes of sec-
tion 105(a)(8)(A).
‘‘(3) 
COMPLETION.—Evaluation 
and 
listing
under this subsection shall be completed in accordance
with a reasonable schedule established by the Admin-
istrator.’’.
SEC. 346. AUTHORITY TO TRANSFER CONTAMINATED FED-
ERAL PROPERTY BEFORE COMPLETION OF
REQUIRED REMEDIAL ACTIONS.
(a) IN GENERAL.—Section 120(h)(3) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)) is amended—
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(1) by redesignating subparagraph (A) as clause
(i) and clauses (i), (ii), and (iii) of that subpara-
graph as subclauses (I), (II), and (III), respectively;
(2) by striking ‘‘After the last day’’ and insert-
ing the following:
‘‘(A) IN GENERAL.—After the last day’’;
(3) by redesignating subparagraph (B) as clause
(ii) and clauses (i) and (ii) of that subparagraph as
subclauses (I) and (II), respectively;
(4) by redesignating subparagraph (C) as clause
(iii);
(5) by striking ‘‘For purposes of subparagraph
(B)(i)’’ and inserting the following:
‘‘(B) COVENANT REQUIREMENTS.—For pur-
poses of subparagraphs (A)(ii)(I) and (C)(iii)’’;
(6) in subparagraph (B), as designated by para-
graph (5), by striking ‘‘subparagraph (B)’’ each place
it appears and inserting ‘‘subparagraph (A)(ii)’’; and
(7) by adding at the end the following:
‘‘(C) DEFERRAL.—
‘‘(i) IN GENERAL.—The Administrator
(in the case of real property at a Federal
facility that is listed on the National Prior-
ities List) or the Governor of the State in
which the facility is located (in the case of
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real property at a Federal facility not listed
on the National Priorities List) may defer
the requirement of subparagraph (A)(ii)(I)
with respect to the property if the Adminis-
trator or the Governor, as the case may be,
determines that—
‘‘(I) the property is suitable for
transfer for the use intended by the
transferee;
‘‘(II) the deed or other agreement
proposed to govern the transfer between
the United States and the transferee of
the property contains the assurances
set forth in clause (ii); and
‘‘(III) the Federal agency request-
ing deferral has provided notice, by
publication in a newspaper of general
circulation in the vicinity of the prop-
erty, of the proposed transfer and of
the opportunity for the public to sub-
mit, within a period of not less than
30 days after the date of the notice,
written comments on the finding by the
agency that the property is suitable for
transfer.
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‘‘(ii) 
REMEDIAL
ACTION
ASSUR-
ANCES.—With regard to a release or threat-
ened release of a hazardous substance for
which a Federal agency is potentially re-
sponsible under this section, the deed or
other agreement proposed to govern the
transfer shall contain assurances that—
‘‘(I) provide for any necessary re-
strictions to ensure the protection of
human health and the environment;
‘‘(II) provide that there will be re-
strictions on use necessary to ensure
required remedial investigations, reme-
dial actions, and oversight activities
will not be disrupted;
‘‘(III) provide that all appro-
priate remedial action will be taken
and identify the schedules for inves-
tigation and completion of all nec-
essary remedial action; and
‘‘(IV) provide that the Federal
agency responsible for the property
subject to transfer will submit a budget
request to the Director of the Office of
Management and Budget that ade-
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quately addresses schedules, subject to
congressional authorizations and ap-
propriations.
‘‘(iii) WARRANTY.—When all remedial
action necessary to protect human health
and the environment with respect to any
substance remaining on the property on the
date of transfer has been taken, the United
States shall execute and deliver to the trans-
feree an appropriate document containing a
warranty that all such remedial action has
been completed, and the making of the war-
ranty shall be considered to satisfy the re-
quirement of subparagraph (A)(ii)(I).
‘‘(iv) FEDERAL
RESPONSIBILITY.—A
deferral under this subparagraph shall not
increase, diminish, or affect in any manner
any rights or obligations of a Federal agen-
cy with respect to a property transferred
under this subparagraph.’’.
(b) CONTINUED APPLICATION OF STATE LAW.—The
first sentence of section 120(a)(4) of the Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(a)(4)) is amended by inserting ‘‘or
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facilities that are the subject of a deferral under subsection
(h)(3)(C)’’ after ‘‘United States’’.
SEC. 
347. 
CLARIFICATION 
OF 
MEANING 
OF
UNCONTAMINATED 
PROPERTY 
FOR 
PUR-
POSES 
OF 
TRANSFER 
BY 
THE 
UNITED
STATES.
Section 120(h)(4)(A) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)(4)(A)) is amended in the first sentence
by striking ‘‘stored for one year or more, known to have
been released,’’ and inserting ‘‘known to have been re-
leased’’.
SEC. 348. SHIPBOARD SOLID WASTE CONTROL.
(a) IN GENERAL.—Section 3(c) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1902(c)) is amended—
(1) in paragraph (1), by striking ‘‘Not later
than’’ and inserting ‘‘Except as provided in para-
graphs (2) and (3), not later than’’; and
(2) by striking paragraphs (2), (3), and (4) and
inserting the following:
‘‘(2)(A) Subject to subparagraph (B), any ship de-
scribed in subparagraph (C) may discharge, without regard
to the special area requirements of Regulation 5 of Annex
V to the Convention, the following non-plastic, non-floating
garbage:
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‘‘(i) A slurry of seawater, paper, cardboard, or
food waste that is capable of passing through a screen
with openings no larger than 12 millimeters in diam-
eter.
‘‘(ii) Metal and glass that have been shredded
and bagged so as to ensure negative buoyancy.
‘‘(B)(i) Garbage described subparagraph (A)(i) may
not be discharged within 3 nautical miles of land.
‘‘(ii) Garbage described in subparagraph (A)(ii) may
not be discharged within 12 nautical miles of land.
‘‘(C) This paragraph applies to any ship that is owned
or operated by the Department of the Navy that, as deter-
mined by the Secretary of the Navy—
‘‘(i) has unique military design, construction,
manning, or operating requirements; and
‘‘(ii) cannot fully comply with the special area
requirements of Regulation 5 of Annex V to the Con-
vention because compliance is not technologically fea-
sible or would impair the operations or operational
capability of the ship.
‘‘(3)(A) Not later than December 31, 2000, the Sec-
retary of the Navy shall prescribe and publish in the Fed-
eral Register standards to ensure that each ship described
in subparagraph (B) is, to the maximum extent practicable
without impairing the operations or operational capabili-
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ties of the ship, operated in a manner that is consistent
with the special area requirements of Regulation 5 of Annex
V to the Convention.
‘‘(B) Subparagraph (A) applies to surface ships that
are owned or operated by the Department of the Navy that
the Secretary plans to decommission during the period be-
ginning on January 1, 2001, and ending on December 31,
2005.
‘‘(C) At the same time that the Secretary publishes
standards under subparagraph (A), the Secretary shall pub-
lish in the Federal Register a list of the ships covered by
subparagraph (B).’’.
(b) SENSE OF CONGRESS.—
(1) COMPLIANCE WITH ANNEX V.—It is the sense
of Congress that it should be an objective of the Navy
to achieve full compliance with Annex V to the Con-
vention as part of the Navy’s development of ships
that are environmentally sound.
(2) DEFINITION.—In this subsection, the terms
‘‘Convention’’ and ‘‘ship’’ have the meanings provided
in section 2(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901(a)).
(c) REPORT ON COMPLIANCE WITH ANNEX V TO THE
CONVENTION.—The Secretary of Defense shall include in
each report on environmental compliance activities submit-
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ted to Congress under section 2706(b) of title 10, United
States Code, the following information:
(1) A list of the ships types, if any, for which
the Secretary of the Navy has made the determination
referred to in paragraph (2)(C) of section 3(c) of the
Act to Prevent Pollution from Ships, as amended by
subsection (a)(2) of this section.
(2) A list of ship types which the Secretary of the
Navy has determined can comply with Regulation 5
of Annex V to the Convention.
(3) A summary of the progress made by the
Navy in implementing the requirements of para-
graphs (2) and (3) such section 3(c), as so amended.
(4) A description of any emerging technologies
offering the potential to achieve full compliance with
Regulation 5 of Annex V to the Convention.
(d) PUBLICATION REGARDING SPECIAL AREA DIS-
CHARGES.—Section 3(e)(4) of the Act to Prevent Pollution
from Ships (33 U.S.C. 1902(e)(4)) is amended by striking
out subparagraph (A) and inserting in lieu thereof the fol-
lowing:
‘‘(A) The amount and nature of the dis-
charges in special areas, not otherwise authorized
under this title, during the preceding year from
ships referred to in subsection (b)(1)(A) of this
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section owned or operated by the Department of
the Navy.’’.
SEC. 349. COOPERATIVE AGREEMENTS FOR THE MANAGE-
MENT OF CULTURAL RESOURCES ON MILI-
TARY INSTALLATIONS.
(a) AUTHORITY TO ENTER INTO AGREEMENTS.—
Chapter 159 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 2694. Cooperative agreements for management of
cultural resources on military installa-
tions
‘‘(a) AUTHORITY TO ENTER INTO AGREEMENTS.—The
Secretary of Defense and the Secretaries of the military de-
partments may enter into cooperative agreements with
States, local governments, and appropriate public and pri-
vate entities in order to provide for the preservation, man-
agement, maintenance, and rehabilitation of cultural re-
sources on military installations.
‘‘(b) INAPPLICABILITY OF CERTAIN FEDERAL FINAN-
CIAL MANAGEMENT LAWS.—A cooperative agreement under
subsection (a) shall not be treated as a cooperative agree-
ment for purposes of chapter 63 of title 31.
‘‘(c) LIMITATION
ON AUTHORITY TO CARRY OUT
AGREEMENTS.—The authority of the Secretary of Defense
or the Secretary of a military department to carry out an
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agreement entered into under subsection (a) shall be subject
to the availability of funds for that purpose.
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘cultural resource’ means any of the following:
‘‘(1) A building, structure, site, district, or object
eligible for or included in the National Register of
Historic Places maintained under section 101(a) of
the National Historic Preservation Act (16 U.S.C.
470a(a)).
‘‘(2) A cultural item as that term is defined in
section 2(3) of the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001(3)).
‘‘(3) An archaeological resource as that term is
defined in section 3(1) of the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470bb(1)).
‘‘(4) An archaeological artifact collection and as-
sociated records covered by section 79 of title 36, Code
of Federal Regulations.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2694. Cooperative agreements for management of cultural resources on military
installations.’’.
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SEC. 350. REPORT ON WITHDRAWAL OF PUBLIC LANDS AT
EL CENTRO NAVAL AIR FACILITY, CALIFOR-
NIA.
(a) REPORT.—Not later than March 15, 1997, the Sec-
retary of Defense, acting through the Deputy Under Sec-
retary of Defense for Environmental Security, shall submit
to the congressional defense committees a report that as-
sesses the effects of the proposed withdrawal of public lands
at El Centro Naval Air Facility, California, on the oper-
ational and training requirements of the Department of De-
fense at that facility.
(b) REPORT ELEMENTS.—The report under subsection
(a) shall—
(1) describe in detail the operational and train-
ing requirements of the Department of Defense at El
Centro Naval Air Facility;
(2) assess the effects of the proposed withdrawal
on such operational and training requirements;
(3) describe the relationship, if any, of the pro-
posed withdrawal to the withdrawal of other public
lands under the California Desert Protection Act of
1994 (Public Law 103–433);
(4) assess the additional responsibilities, if any,
of the Navy for land management at the facility as
a result of the proposed withdrawal; and
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(5) assess the costs, if any, to the Navy resulting
from the proposed withdrawal.
SEC. 351. USE OF HUNTING AND FISHING PERMIT FEES
COLLECTED AT CLOSED MILITARY RESERVA-
TIONS.
Subparagraph (B) of section 101(b)(4) of the Act of
September 15, 1960 (commonly known as the ‘‘Sikes Act’’;
16 U.S.C. 670a(b)(4)), is amended to read as follows:
‘‘(B) the fees collected under this para-
graph—
‘‘(i) shall be expended at the military
reservation with respect to which collected;
or
‘‘(ii) if collected with respect to a mili-
tary reservation that is closed, shall be
available for expenditure at any other mili-
tary reservation for purposes of the protec-
tion, conservation, and management of fish
and wildlife at such reservation.’’.
SEC. 352. AUTHORITY FOR AGREEMENTS WITH INDIAN
TRIBES FOR SERVICES UNDER ENVIRON-
MENTAL RESTORATION PROGRAM.
Section 2701(d) of title 10, United States Code, is
amended—
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(1) in the first sentence of paragraph (1), by
striking out ‘‘, or with any State or local government
agency,’’ and inserting in lieu thereof ‘‘, with any
State or local government agency, or with any Indian
tribe,’’; and
(2) by adding at the end the following:
‘‘(3) DEFINITION.—In this subsection, the term
‘Indian tribe’ has the meaning given such term in
section 101(36) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(36)).’’.
Subtitle E—Other Matters
SEC. 361. FIREFIGHTING AND SECURITY-GUARD FUNC-
TIONS AT FACILITIES LEASED BY THE GOV-
ERNMENT.
Section 2465(b) of title 10, United States Code, is
amended—
(1) by striking out ‘‘or’’ at the end of paragraph
(2);
(2) by striking out the period at the end of para-
graph (3) and inserting in lieu thereof ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(4) to a contract to be carried out at a private
facility at which a Federal Government activity is lo-