Congressional Documents

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Changes in Existing Law Made by the Bill, as Reported............   546


Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): TITLE 10, UNITED STATES CODE * * * * * * * Subtitle A--General Military Law ............. PART I--ORGANIZATION AND GENERAL MILITARY POWERS ............. CHAPTER 6--COMBATANT COMMANDS * * * * * * * Sec. 167. Unified combatant command for special operations forces (a) * * * * * * * * * * (f) Budget.--(1) In addition to the activities of a combatant command for which funding may be requested under section 166(b) of this title, the budget proposal of the special operations command shall include requests for funding for-- [(1)] (A) development and acquisition of special operations-peculiar equipment; and [(2)] (B) acquisition of other material, supplies, or services that are peculiar to special operations activities. (2) Funds provided for the special operations command as part of the budget for the special operations command under paragraph (1) may not be used to cover base operation support expenses incurred at a military installation. * * * * * * * CHAPTER 8--DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES ............. SUBCHAPTER II--MISCELLANEOUS DEFENSE AGENCY MATTERS Sec. 201. Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance. * * * * * * * 203. Director of Ballistic Missile Defense Organization. * * * * * * * Sec. 203. Director of Ballistic Missile Defense Organization (a) Grade.--The position of Director of the Ballistic Missile Defense Organization-- (1) may only be held by an officer of the armed forces on the active-duty list; and (2) shall be designated under section 601 of this title as a position of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral. (b) Line of Authority to Secretary of Defense.--The Director of the Ballistic Missile Defense Organization reports directly to the Secretary of Defense and (if so directed by the Secretary) the Deputy Secretary of Defense, without intervening review or approval by any other officer of the Department of Defense, with respect to all matters pertaining to the management of ballistic missile defense programs for which the Director has responsibility (including matters pertaining to the status of those programs and the budgets for those programs). CHAPTER 9--DEFENSE BUDGET MATTERS Sec. 221. Future-years defense program: submission to Congress; consistency in budgeting. * * * * * * * 224. Ballistic missile defense programs: amounts for procurement. * * * * * * * Sec. 224. Ballistic missile defense programs: amounts for procurement (a) Requirement.--Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for procurement for the National Missile Defense program or for any system that is part of the core theater missile defense program shall be set forth under the account of the Department of Defense for Defense-wide procurement and, within that account, under the subaccount (or other budget activity level) for the Ballistic Missile Defense Organization. (b) Core Theater Ballistic Missile Defense Program.--For purposes of this section, the core theater missile defense program consists of the systems specified in section 234 of the Ballistic Missile Defense Act of 1995 (10 U.S.C. 2431 note). * * * * * * * CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES * * * * * * * Sec. 382. Emergency situations involving chemical or biological weapons of mass destruction (a) * * * * * * * * * * (g) Relationship to Other Authority.--Nothing in this section shall be construed to restrict any executive branch authority regarding use of members of the armed forces or equipment of the Department of Defense that was in effect before [the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997] September 23, 1996. * * * * * * * CHAPTER 20--HUMANITARIAN AND OTHER ASSISTANCE Sec. 401. Humanitarian and civic assistance provided in conjunction with military operations. * * * * * * * 406. Use of Cooperative Threat Reduction program funds: limitation. * * * * * * * Sec. 406. Use of Cooperative Threat Reduction program funds: limitation (a) In General.--In carrying out Cooperative Threat Reduction programs during any fiscal year, the Secretary of Defense may use funds appropriated for those programs only to the extent that those funds were appropriated for that fiscal year or for either of the two preceding fiscal years. (b) Definition of Cooperative Threat Reduction Programs.--In this section, the term ``Cooperative Threat Reduction programs'' means the following programs with respect to states of the former Soviet Union: (1) Programs to facilitate the elimination, and the safe and secure transportation and storage, of nuclear, chemical, and other weapons and their delivery vehicles. (2) Programs to facilitate the safe and secure storage of fissile materials derived from the elimination of nuclear weapons. (3) Programs to prevent the proliferation of weapons, components, and weapons-related technology and expertise. (4) Programs to expand military-to-military and defense contacts. * * * * * * * CHAPTER 21--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS * * * * * * * SUBCHAPTER I--GENERAL MATTERS Sec. 421. Funds for foreign cryptologic support. * * * * * * * [424. Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency. [425. Disclosure of personnel information: exemption for National Reconnaissance Office.] 424. Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency, National Reconnaissance Office, and National Imagery and Mapping Agency. * * * * * * * CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY * * * * * * * SUBCHAPTER I--MISSIONS AND AUTHORITY * * * * * * * Sec. 445. Protection of agency identifications and organizational information (a) Unauthorized Use of Agency Name, Initials, or Seal.-- [(1)] Except with the written permission of the Secretary of Defense, no person may knowingly use, in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary of Defense, any of the following: [(A)] (1) The words ``National Imagery and Mapping Agency'', the initials ``NIMA'', or the seal of the National Imagery and Mapping Agency. [(B)] (2) The words ``Defense Mapping Agency'', the initials ``DMA'', or the seal of the Defense Mapping Agency. [(C)] (3) Any colorable imitation of such words, initials, or seals. [(2)] (b) Injunctive Relief.--Whenever it appears to the Attorney General that any person is engaged or about to engage in an act or practice which constitutes or will constitute conduct prohibited by [paragraph (1)] subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to a hearing and determination of such action and may, at any time before such final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. * * * * * * * ............. CHAPTER 23--MISCELLANEOUS STUDIES AND REPORTS Sec. 481. Race relations, gender discrimination, and hate group activity: annual survey and report. 482. Quarterly readiness reports. 483. Reports on transfers from high-priority readiness appropriations. 484. Quarterly reports on execution of operation and maintenance appropriations. * * * * * * * [Sec. 482. Quarterly readiness reports [(a) Requirement.--Not later than 30 days after the end of each calendar-year quarter, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on military readiness. The report for any quarter shall be based on assessments that are provided during that quarter-- [(1) to any council, committee, or other body of the Department of Defense (A) that has responsibility for readiness oversight, and (B) the membership of which includes at least one civilian officer in the Office of the Secretary of Defense at the level of Assistant Secretary of Defense or higher; [(2) by senior civilian and military officers of the military departments and the commanders of the unified and specified commands; and [(3) as part of any regularly established process of periodic readiness reviews for the Department of Defense as a whole. [(b) Matters To Be Included.--Each such report shall-- [(1) specifically describe identified readiness problems or deficiencies and planned remedial actions; and [(2) include the key indicators and other relevant data related to the identified problem or deficiency. [(c) Classification of Reports.--Reports under this section shall be submitted in unclassified form and may, as the Secretary determines necessary, also be submitted in classified form.] Sec. 482. Quarterly readiness reports (a) Quarterly Reports Required.--Not later than 30 days after the end of each calendar-year quarter, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on military readiness. The report for a quarter shall contain the information required by subsections (b) (d), and (e). (b) Readiness Problems and Remedial Actions.--Each report shall specifically describe-- (1) readiness problems or deficiencies identified using the assessments considered under subsection (c); (2) planned remedial actions; and (3) the key indicators and other relevant information related to the identified problem or deficiency. (c) Consideration of Readiness Assessments.--The information required under subsection (b) to be included in the report for a quarter shall be based on readiness assessments that are provided during that quarter-- (1) to any council, committee, or other body of the Department of Defense-- (A) that has responsibility for readiness oversight; and (B) whose membership includes at least one civilian officer in the Office of the Secretary of Defense at the level of Assistant Secretary of Defense or higher; (2) by senior civilian and military officers of the military departments and the commanders of the unified and specified commands; and (3) as part of any regularly established process of periodic readiness reviews for the Department of Defense as a whole. (d) Comprehensive Readiness Indicators.--Each report shall also include information regarding each military department (and an evaluation of such information) with respect to each of the following readiness indicators: (1) Personnel strength.-- (A) Individual personnel status. (B) Historical and projected personnel trends. (2) Personnel turbulence.-- (A) Recruit quality. (B) Borrowed manpower. (C) Personnel stability. (3) Other personnel matters.-- (A) Personnel morale. (B) Medical and dental readiness. (C) Recruit shortfalls. (4) Training.-- (A) Training unit readiness and proficiency. (B) Operations tempo. (C) Training funding. (D) Training commitments and deployments. (5) Logistics--equipment fill.-- (A) Deployed equipment. (B) Equipment availability. (C) Equipment that is not mission capable. (D) Age of equipment. (E) Condition of nonpacing items. (6) Logistics--equipment maintenance.-- (A) Maintenance backlog. (7) Logistics--supply.-- (A) Availability of ordnance and spares. (e) Unit Readiness Indicators.--Each report shall also include information regarding the readiness of each unit of the armed forces at the battalion, squadron, or an equivalent level (or a higher level) that received a readiness rating of C-3 (or below) for any month of the calendar-year quarter covered by the report. With respect to each such unit, the report shall separately provide the following information: (1) The unit designation and level of organization. (2) The overall readiness rating for the unit for the quarter and each month of the quarter. (3) The resource area or areas (personnel, equipment and supplies on hand, equipment condition, or training) that adversely affected the unit's readiness rating for the quarter. (4) If the unit received a readiness rating below C-1 in personnel for the quarter, the primary reason for the lower rating, by reason code and definition. (5) If the unit received a readiness rating below C-1 in equipment and supplies on hand for the quarter, the primary reason for the lower rating, by reason code and definition. (6) If the unit received a readiness rating below C-1 in equipment condition for the quarter, the primary reason for the lower rating, by reason code and definition. (7) If the unit received a readiness rating below C-1 in training for the quarter, the primary reason for the lower rating, by reason code and definition. (f) Classification of Reports.--A report under this section shall be submitted in unclassified form. To the extent the Secretary of Defense determines necessary, the report may also be submitted in classified form. Sec. 483. Reports on transfers from high-priority readiness appropriations (a) Annual Reports.--Not later than the date on which the President submits the budget for a fiscal year to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives a report on transfers during the preceding fiscal year from funds available for each covered budget activity. (b) Quarterly Reports.--Not later than 30 days after the end of each quarter of a fiscal year, the Secretary of Defense shall submit to the congressional committees specified in subsection (a) a report on transfers, during that fiscal year quarter, from funds available for each covered budget activity. (c) Matters To Be Included.--In each report under subsection (a) or (b), the Secretary of Defense shall include for each covered budget activity the following: (1) A statement, for the period covered by the report, of-- (A) the total amount of transfers into funds available for that activity; (B) the total amount of transfers from funds available for that activity; and (C) the net amount of transfers into, or out of, funds available for that activity. (2) A detailed explanation of the transfers into, and out of, funds available for that activity during the period covered by the report. (d) Covered Budget Activity Defined.--In this section, the term ``covered budget activity'' means each of the following: (1) The budget activity groups (known as ``subactivities'') within the Operating Forces budget activity of the annual Operation and Maintenance, Army, appropriation that are designated as follows: (A) All subactivities under the category of Land Forces. (B) Land Forces Depot Maintenance. (C) Base Support. (D) Maintenance of Real Property. (2) The Air Operations budget activity groups (known as ``subactivities'') within the Operating Forces budget activity of the annual Operation and Maintenance, Navy, appropriation that are designated as follows: (A) Mission and Other Flight Operations. (B) Fleet Air Training. (C) Aircraft Depot Maintenance. (D) Base Support. (E) Maintenance of Real Property. (3) The Ship Operations budget activity groups (known as ``subactivities'') within the Operating Forces budget activity of the annual Operation and Maintenance, Navy, appropriation that are designated as follows: (A) Mission and Other Ship Operations. (B) Ship Operational Support and Training. (C) Ship Depot Maintenance. (D) Base Support. (E) Maintenance of Real Property. (4) The Expeditionary Forces budget activity groups (known as ``subactivities'') within the Operating Forces budget activity of the annual Operation and Maintenance, Marine Corps, appropriation that are designated as follows: (A) Operational Forces. (B) Depot Maintenance. (C) Base Support. (D) Maintenance of Real Property. (5) The Air Operations and Combat Related Operations budget activity groups (known as ``subactivities'') within the Operating Forces budget activity of the annual Operation and Maintenance, Air Force, appropriation that are designated as follows: (A) Primary Combat Forces. (B) Primary Combat Weapons. (C) Air Operations Training. (D) Depot Maintenance. (E) Base Support. (F) Maintenance of Real Property. (6) The Mobility Operations budget activity group (known as a ``subactivity'') within the Mobilization budget activity of the annual Operation and Maintenance, Air Force, appropriation that is designated as Airlift Operations. (e) Termination.--The requirements specified in subsections (a) and (b) shall terminate upon the submission of the annual report under subsection (a) covering fiscal year 2000. Sec. 484. Quarterly reports on execution of operation and maintenance appropriations (a) Report Required.--Not later than 60 days after the end of each quarter of a fiscal year, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives a report containing budget execution data for each budget activity group (known as a ``subactivity'') within the annual operation and maintenance appropriations for the period covered by the report. A report shall cover all preceding quarters of the fiscal year involved. (b) Manner of Presenting Data.--The budget execution data required under subsection (a) shall be displayed for the fiscal year involved in the same manner used in the operation and maintenance tables contained in the budget justification document entitled ``O-1 Exhibit'' submitted to Congress in support of the budget of the Department of Defense, as included in the budget of the President submitted under section 1105 of title 31. (c) Required Information.--The following information shall be provided for each budget activity group: (1) Amounts authorized to be appropriated. (2) Amounts appropriated. (3) Direct obligations. (4) Total obligational authority. (5) Amounts related to unbudgeted contingency operations. (6) Direct obligations related to unbudgeted contingency operations. * * * * * * * ............. CHAPTER 81--CIVILIAN EMPLOYEES ............. Sec. 1585a. Special agents of the Defense Criminal Investigative Service: authority to execute warrants and make arrests (a) Authority.--The Secretary of Defense may authorize any DCIS special agent-- (1) to execute and serve any warrant or other process issued under the authority of the United States; and (2) to make arrests without a warrant-- (A) for any offense against the United States committed in the presence of that agent; and (B) for any felony cognizable under the laws of the United States if the agent has probable cause to believe that the person to be arrested has committed or is committing the felony. (b) Attorney General Guidelines.--Authority of a DCIS special agent under subsection (a) may be exercised only in accordance with guidelines approved by the Attorney General. (c) DCIS Special Agent Defined.--In this section, the term ``DCIS special agent'' means an employee of the Department of Defense who is a special agent of the Defense Criminal Investigative Service (or any successor to that service). * * * * * * * ............. PART III--TRAINING AND EDUCATION * * * * * * * CHAPTER 101--TRAINING GENERALLY ............. Sec. 2011. Special operations forces: training with friendly foreign forces (a) * * * * * * * * * * [(e) Reports.--Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report regarding training during the preceding fiscal year for which expenses were paid under this section. Each report shall specify the following: [(1) All countries in which that training was conducted. [(2) The type of training conducted, including whether such training was related to counter-narcotics or counter-terrorism activities, the duration of that training, the number of members of the armed forces involved, and expenses paid. [(3) The extent of participation by foreign military forces, including the number and service affiliation of foreign military personnel involved and physical and financial contribution of each host nation to the training effort. [(4) The relationship of that training to other overseas training programs conducted by the armed forces, such as military exercise programs sponsored by the Joint Chiefs of Staff, military exercise programs sponsored by a combatant command, and military training activities sponsored by a military department (including deployments for training, short duration exercises, and other similar unit training events).] ............. CHAPTER 108--DEPARTMENT OF DEFENSE SCHOOLS Sec. 2161. Defense Intelligence School: master of science of strategic intelligence. * * * * * * * 2165. National Defense University: Center for the Study of Chinese Military Affairs. * * * * * * * Sec. 2162. Preparation of budget requests for operation of professional military education schools (a) * * * * * * * * * * (d) Definitions.--In this section: (1) * * * (2) The term ``National Defense University'' means the National War College, the Armed Forces Staff College, the Institute for National Strategic Studies, the Information Resources Management College, and the Industrial College of the Armed Forces. * * * * * * * Sec. 2165. National Defense University: Center for the Study of Chinese Military Affairs (a) Establishment.--(1) The Secretary of Defense shall establish a Center for the Study of Chinese Military Affairs (hereinafter in this section referred to as the ``Center'') as part of the National Defense University. The Center shall be organized as an independent institute under the University. (2) The Director of the Center shall be a distinguished scholar of proven academic, management, and leadership credentials with a superior record of achievement and publication regarding Chinese political, strategic, and military affairs. The Director shall be appointed by the Secretary of Defense in consultation with the chairman and ranking minority party member of the Committee on National Security of the House of Representatives and the chairman and ranking minority party member of the Committee on Armed Services of the Senate. (b) Mission.--The mission of the Center is to study the national goals and strategic posture of the People's Republic of China and the ability of that nation to develop, field, and deploy an effective military instrument in support of its national strategic objectives. (c) Areas of Study.--The Center shall conduct research relating to the People's Republic of China as follows: (1) To assess the potential of that nation to act as a global great power, the Center shall conduct research that considers the policies and capabilities of that nation in a regional and world-wide context, including Central Asia, Southwest Asia, Europe, and Latin America, as well as the Asia-Pacific region. (2) To provide a fuller assessment of the areas of study referred to in paragraph (1), the Center shall conduct research on-- (A) economic trends relative to strategic goals and military capabilities; (B) strengths and weaknesses in the scientific and technological sector; and (C) relevant demographic and human resource factors on progress in the military sphere. (3) The Center shall conduct research on the armed forces of the People's Republic of China, taking into account the character of those armed forces and their role in Chinese society and economy, the degree of their technological sophistication, and their organizational and doctrinal concepts. That research shall include inquiry into the following matters: (A) Concepts concerning national interests, objectives, and strategic culture. (B) Grand strategy, military strategy, military operations, and tactics. (C) Doctrinal concepts at each of the four levels specified in subparagraph (B). (D) The impact of doctrine on China's force structure choices. (E) The interaction of doctrine and force structure at each level to create an integrated system of military capabilities through procurement, officer education, training, and practice and other similar factors. (d) Faculty of the Center.--(1) The core faculty of the Center should comprise mature scholars capable of providing diverse perspectives on Chinese political, strategic, and military thought. Center scholars shall demonstrate the following competencies and capabilities: (A) Analysis of national strategy, military strategy, and doctrine. (B) Analysis of force structure and military capabilities. (C) Analysis of-- (i) issues relating to weapons of mass destruction, military intelligence, defense economics, trade, and international economics; and (ii) the relationship between those issues and grand strategy, science and technology, the sociology of human resources and demography, and political science. (2) A substantial number of Center scholars shall be competent in the Chinese language. The Center shall include a core of junior scholars capable of providing linguistics and translation support to the Center. (e) Activities of the Center.--The activities of the Center shall include other elements appropriate to its mission, including the following: (1) The Center should include an active conference program with an international reach. (2) The Center should conduct an international competition for a Visiting Fellowship in Chinese Military Affairs and Chinese Security Issues. The term of the fellowship should be for one year, renewable for a second. The visitor should contract to produce a major publication in the visitor's area of expertise. (3) The Center shall provide funds to support at least one trip per analyst per year to China and the region and to support visits of Chinese military leaders to the Center. (4) The Center shall support well defined, distinguished, signature publications. (5) Center scholars shall have appropriate access to intelligence community assessments of Chinese military affairs. (f) Studies and Reports.--The Director may contract for studies and reports from the private sector to supplement the work of the Center. * * * * * * * ............. Sec. 2325. Restructuring costs (a) Limitation on Payment of Restructuring Costs.--(1) The Secretary of Defense may not pay, under section 2324 of this title, a defense contractor for restructuring costs associated with a business combination of the contractor unless the Secretary determines in writing either-- (A) that the amount of savings for the Department of Defense associated with the restructuring, based on audited cost data, will be at least twice the amount of the costs allowed; or (B) that the amount of savings for the Department of Defense associated with the restructuring, based on audited cost data, will exceed the amount of the costs allowed and that the business combination will result in the preservation of a critical capability that otherwise might be lost to the Department. (2) The Secretary may not delegate the authority to make a determination under paragraph (1) to an official of the Department of Defense below the level of an Assistant Secretary of Defense. (b) Report.--Not later than March 1 in each of 1998, 1999, 2000, 2001, and 2002, the Secretary of Defense shall submit to Congress a report containing the following: (1) For each defense contractor to which the Secretary has paid, under section 2324 of this title, restructuring costs associated with a business combination, a summary of the following: (A) The amount of savings for the Department of Defense associated with such business combination that has been realized as of the date of the report, based on audited cost data. (B) An estimate, as of the date of the report, of the amount of savings for the Department of Defense associated with such business combination that is expected to be achieved in the future. (2) An identification of any business combination for which the Secretary has paid restructuring costs under section 2324 of this title during the preceding calendar year and, for each such business combination-- (A) the supporting rationale for allowing such costs; (B) factual information associated with the determination made under subsection (a) with respect to such costs; and (C) a discussion of whether the business combination would have proceeded without the payment of restructuring costs by the Secretary. (3) An assessment of the degree of vertical integration resulting from business combinations of defense contractors and a discussion of the measures taken by the Secretary of Defense to increase the ability of the Department of Defense to monitor vertical integration trends and address any resulting negative consequences. (c) Definition.--In this section, the term ``business combination'' includes a merger or acquisition. ............. CHAPTER 144--MAJOR DEFENSE ACQUISITION PROGRAMS * * * * * * * Sec. 2432. Selected Acquisition Reports (a) * * * * * * * * * * (h)(1) * * * (2) A limited report under this subsection shall include the following: (A) * * * * * * * * * * [(D) The completion status of the development program expressed-- [(i) as the percentage that the number of years for which funds have been appropriated for the development program is of the number of years for which it is planned that funds will be appropriated for the program; and [(ii) as the percentage that the amount of funds that have been appropriated for the development program is of the total amount of funds which it is planned will be appropriated for the program.] [(E)] (D) Program highlights since the last Selected Acquisition Report. [(F)] (E) Other information as the Secretary of Defense considers appropriate. * * * * * * * CHAPTER 146--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS Sec. 2460. Definition of depot-level maintenance and repair. 2461. Commercial or industrial type functions: required studies and reports before conversion to contractor performance. * * * * * * * 2474. Centers of Industrial and Technical Excellence: designation; public-private partnerships. Sec. 2460. Definition of depot-level maintenance and repair (a) In General.--In this chapter, the term ``depot-level maintenance and repair'' means material maintenance or repair requiring the overhaul, upgrading, or rebuilding of parts, assemblies, or subassemblies, and the testing and reclamation of equipment as necessary, regardless of the source of funds for the maintenance or repair. The term includes all aspects of software maintenance and such portions of interim contractor support, contractor logistics support, or any similar contractor support for the performance of services that are described in the preceding sentence. (b) Exception.--The term does not include the procurement of a major weapon system modification or upgrade, except where the changes to the system are primarily for safety reasons, to correct a deficiency, or to improve program performance. * * * * * * * Sec. 2464. Core logistics functions (a) Necessity for Core Logistics Capability.--(1) It is essential for the national defense that Department of Defense activities maintain [a logistics capability (including personnel, equipment, and facilities)] a core logistics capability that is Government-owned and Government-operated (including Government personnel and Government-owned and Government-operated equipment and facilities) to ensure a ready and controlled source of technical competence and resources necessary to ensure effective and timely response to a mobilization, national defense contingency situations, and other emergency requirements. (2) The Secretary of Defense shall identify those logistics activities that are necessary to maintain the core logistics capability described in paragraph (1). (3) Those core logistics activities identified under paragraphs (1) and (2) shall include the capability, facilities, and equipment to maintain and repair all types of weapon systems and other military equipment that are identified by the Secretary, in consultation with the Joint Chiefs of Staff, as necessary to enable the armed forces to fulfill the national military strategy, including the capability and capacity to maintain and repair any new mission-essential weapon system or materiel within four years after the system or materiel achieves initial operational capability. (4) The Secretary of Defense shall require the performance of core logistics activities identified under paragraphs (1), (2), and (3) at Government-owned, Government-operated facilities of the Department of Defense (including Government-owned, Government-operated facilities of a military department) and shall assign such facilities sufficient workload to ensure cost efficiency and technical proficiency in peacetime while preserving the surge capacity and reconstitution capabilities necessary to meet the military contingencies provided for in the national military strategy. * * * * * * * Sec. 2466. Limitations on the performance of depot-level maintenance of materiel (a) * * * (b) Treatment of Certain Large Projects.--If a maintenance or repair project concerning an aircraft carrier or submarine that is contracted for performance by non-Federal Government personnel and that accounts for five percent or more of the funds made available in a fiscal year to a military department or a Defense Agency for depot-level maintenance and repair workload, the project and the funds necessary for the project shall not be considered when applying the percentage limitation specified in subsection (a) to that military department or Defense Agency. * * * * * * * [(e) Report.--Not later than January 15, 1995, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of funds referred to in subsection (a) that was used during fiscal year 1994 to contract for the performance by non-Federal Government personnel of depot-level maintenance and repair workload.] * * * * * * * Sec. 2469. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition (a) Requirement for Competition.--The Secretary of Defense shall ensure that the performance of a depot-level maintenance [or repair] and repair workload described in subsection (b) is not changed to performance by a contractor or by another depot- level activity of the Department of Defense unless the change is made using-- (1) merit-based selection procedures for competitions among all depot-level activities of the Department of Defense; or (2) competitive procedures for competitions among private and public sector entities. (b) Scope.--Subsection (a) applies to any depot-level maintenance [or repair] and repair workload that has a value of not less than $3,000,000 and is being performed by a depot- level activity of the Department of Defense. * * * * * * * (d) Restriction on Contracts at Certain Facilities.-- (1) Restriction.--The Secretary of Defense may not enter into any contract for the performance of depot- level maintenance and repair of weapon systems or other military equipment of the Department of Defense, or for the performance of management functions related to depot-level maintenance and repair of such systems or equipment, at any military installation where a depot- level maintenance and repair facility was approved in 1995 for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). In the preceding sentence, the term ``military installation'' includes a former military installation closed under the Act that was a military installation when it was approved for closure under the Act. (2) Exception.--Paragraph (1) shall not apply with respect to an installation or former installation described in such paragraph if the Secretary of Defense certifies to Congress, not later than 45 days before entering into a contract for depot-level maintenance and repair at the installation or former installation, that-- (A) not less than 80 percent of the capacity at each of the depot-level maintenance and repair activities of the military department concerned is being utilized on an ongoing basis to perform industrial operations in support of the depot-level maintenance and repair of weapon systems and other military equipment of the Department of Defense; (B) the Secretary has determined, on the basis of a detailed analysis (which the Secretary shall submit to Congress with the certification), that the total amount of the costs of the proposed contract to the Government, both recurring and nonrecurring and including any costs associated with planning for and executing the proposed contract, would be less than the costs that would otherwise be incurred if the depot-level maintenance and repair to be performed under the contract were performed using equipment and facilities of the Department of Defense; (C) all of the information upon which the Secretary determined that the total costs to the Government would be less under the contract is available for examination; and (D) none of the depot-level maintenance and repair to be performed under the contract was considered, before July 1, 1995, to be a core logistics capability of the military department concerned pursuant to section 2464 of this title. (3) Capacity of depot-level activities.--For purposes of paragraph (2)(A), the capacity of depot-level maintenance and repair activities shall be considered to be the same as the maximum potential capacity identified by the Defense Base Closure and Realignment Commission for purposes of the selection in 1995 of military installations for closure or realignment under the Defense Base Closure and Realignment Act of 1990, without regard, after 1995, to any limitation on the maximum number of Federal employees (expressed as full time equivalent employees or otherwise), Federal employment levels, or the actual availability of equipment to support depot-level maintenance and repair. (4) GAO review.--At the same time that the Secretary submits the certification and analysis to Congress under paragraph (2), the Secretary shall submit a copy of the certification and analysis to the Comptroller General. The Comptroller General shall review the analysis and the information referred to in subparagraph (C) of paragraph (2) and, not later than 30 days after Congress receives the certification, submit to Congress a report containing a statement regarding whether the Comptroller General concurs with the determination of the Secretary included in the certification pursuant to subparagraph (B) of that paragraph. (5) Application.--This subsection shall apply with respect to any contract described in paragraph (1) that is entered into, or proposed to be entered into, after January 1, 1997. * * * * * * * ............. NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997 ............. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS * * * * * * * Subtitle D--Other Matters * * * * * * * [SEC. 3156. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS ACTIVITIES BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1997. [(a) In General.--The weapons activities budget of the Department of Energy for any fiscal year after fiscal year 1997 shall-- [(1) set forth with respect to each of the activities under the budget (including stockpile stewardship, stockpile management, and program direction) the funding requested to carry out each project or activity that is necessary to meet the requirements of the Nuclear Weapons Stockpile Memorandum; and [(2) identify specific infrastructure requirements arising from the Nuclear Posture Review, the Nuclear Weapons Stockpile Memorandum, and the programmatic and technical requirements associated with the review and memorandum. [(b) Required Detail.--The Secretary of Energy shall include in the materials that the Secretary submits to Congress in support of the budget for any fiscal year after fiscal year 1997 that is submitted by the President pursuant to section 1105 of title 31, United States Code, the following: [(1) A long-term program plan, and a near-term program plan, for the certification and stewardship of the nuclear weapons stockpile. [(2) An assessment of the effects of the plans referred to in paragraph (1) on each nuclear weapons laboratory and each nuclear weapons production plant. [(c) Definitions.--In this section: [(1) The term ``Nuclear Posture Review'' means the Department of Defense Nuclear Posture Review as contained in the report of the Secretary of Defense to the President and Congress dated February 19, 1995, or in subsequent such reports. [(2) The term ``nuclear weapons laboratory'' means the following: [(A) Lawrence Livermore National Laboratory, California. [(B) Los Alamos National Laboratory, New Mexico. [(C) Sandia National Laboratories. [(3) The term ``nuclear weapons production plant'' means the following: [(A) The Pantex Plant, Texas. [(B) The Savannah River Site, South Carolina. [(C) The Kansas City Plant, Missouri. [(D) The Y-12 Plant, Oak Ridge, Tennessee.] * * * * * * * ---------- NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995 ............. SECTION 234 OF THE BALLISTIC MISSILE DEFENSE ACT OF 1995 SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE. (a) Establishment of Core Program.--To implement the policy established in paragraph (1) of section 233, the Secretary of Defense shall restructure the core theater missile defense program to consist of the following systems[, to be carried out so as to achieve the specified capabilities]: (1) The Patriot PAC-3 system[, with a first unit equipped (FUE) during fiscal year 1998]. (2) The [Navy Lower Tier (Area) system, with a user operational evaluation system (UOES) capability during fiscal year 1997 and an initial operational capability (IOC) during fiscal year 1999] Navy Area Defense system. (3) The Theater High-Altitude Area Defense (THAAD) system, [with a] to be carried out so as to achieve a user operational evaluation system (UOES) capability not later than [fiscal year 1998] fiscal year 2000 and a first unit equipped (FUE) not later than [fiscal year 2000] fiscal year 2004. (4) [The Navy Upper Tier (Theater Wide) system, with] Navy Theater Wide system, to be carried out so as to achieve a user operational evaluation system (UOES) capability during fiscal year 1999 and an initial operational capability (IOC) during fiscal year 2001. * * * * * * * ---------- NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996 * * * * * * * DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS * * * * * * * TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION * * * * * * * Subtitle D--Other Ballistic Missile Defense Provisions SEC. 251. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS. (a) Elements Specified.--In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 1996 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the amount requested for activities of the Ballistic Missile Defense Organization shall be set forth in accordance with the following program elements: (1) The Patriot system. (2) [The Navy Lower Tier (Area) system] Navy Area Defense system. (3) The Theater High-Altitude Area Defense (THAAD) system. (4) [The Navy Upper Tier (Theater Wide) system] Navy Theater Wide system. (5) The Corps Surface-to-Air Missile (SAM) system. (6) Other Theater Missile Defense Activities. (7) National Missile Defense. (8) Follow-On and Support Technologies. * * * * * * * TITLE III--OPERATION AND MAINTENANCE ............. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS * * * * * * * Subtitle D--Other Matters * * * * * * * [SEC. 3153. MASTER PLAN FOR THE CERTIFICATION, STEWARDSHIP, AND MANAGEMENT OF WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE. [(a) Master Plan Requirement.--Not later than March 15, 1996, the President shall submit to Congress a master plan for maintaining the nuclear weapons stockpile. The President shall submit to Congress an update of the master plan not later than March 15 of each year thereafter. [(b) Plan Elements.--The master plan and each update of the master plan shall set forth the following: [(1) The numbers of weapons (including active and inactive weapons) for each type of weapon in the nuclear weapons stockpile. [(2) The expected design lifetime of each weapon type, the current age of each weapon type, and any plans (including the analytical basis for such plans) for lifetime extensions of a weapon type. [(3) An estimate of the lifetime of the nuclear and nonnuclear components of the weapons (including active weapons and inactive weapons) in the nuclear weapons stockpile, and any plans (including the analytical basis for such plans) for lifetime extensions of such components. [(4) A schedule of the modifications, if any, required for each weapon type (including active and inactive weapons) in the nuclear weapons stockpile and the cost of such modifications. [(5) The process to be used in recertifying the safety, reliability, and performance of each weapon type (including active weapons and inactive weapons) in the nuclear weapons stockpile. [(6) The manufacturing infrastructure required to maintain the nuclear weapons stockpile stewardship and management programs, including a detailed project plan that demonstrates the manner by which the Government will develop by 2002 the capability to refabricate and certify warheads in the nuclear weapons stockpile and to design, fabricate, and certify new warheads. [(c) Form of Plan.--The master plan and each update of the master plan shall be submitted in unclassified form, but may contain a classified appendix.] * * * * * * * [SEC. 3159. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS ACTIVITIES BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1996. [(a) In General.--The weapons activities budget of the Department of Energy shall be developed in accordance with the Nuclear Posture Review, the Post Nuclear Posture Review Stockpile Memorandum currently under development, and the programmatic and technical requirements associated with the review and memorandum. [(b) Required Detail.--The Secretary of Energy shall include in the materials that the Secretary submits to Congress in support of the budget for a fiscal year submitted by the President pursuant to section 1105 of title 31, United States Code, a long-term program plan, and a near-term program plan, for the certification and stewardship of the nuclear weapons stockpile. [(c) Definition.--In this section, the term ``Nuclear Posture Review'' means the Department of Defense Nuclear Posture Review as contained in the report of the Secretary of Defense to the President and the Congress dated February 19, 1995, or in subsequent such reports.] * * * * * * * ............. NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1993 ............. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS * * * * * * * Subtitle C--Other Matters * * * * * * * [SEC. 3134. REPORTS ON THE DEVELOPMENT OF NEW TRITIUM PRODUCTION CAPACITY. [(a) Report by the Secretary of Energy.--(1) The Secretary of Energy shall annually submit to the congressional defense committees a report on the new tritium production capacity of the Department of Energy. [(2) The annual report shall include the following: [(A) An estimate of the date by which new production reactor capacity will be necessary in order to maintain the active and any reserve stockpile of nuclear weapons of the United States. [(B) An estimate of the date on which construction of such capacity should begin in order to maintain the active and any reserve stockpile. [(C) An assessment of the technical adequacy of the methods available for the production of tritium, including an assessment of the risk that each method may fail to produce tritium on a reliable basis within the period necessary for meeting the requirements of the United States. [(D) An assessment of the capability of the potential industrial suppliers of new tritium production capacity, including reactors, to design and construct such capacity by the date estimated pursuant to subparagraph (A). [(3) The Secretary shall submit the annual report in 1993 and each year thereafter until the construction of the new tritium production capacity is completed. The Secretary shall submit the report not later than 60 days after the date on which the President submits the budget to Congress under section 1105 of title 31, United States Code. The report shall be submitted in unclassified form with a classified appendix if necessary. [(b) Sense of Congress.--It is the sense of Congress that the technology chosen for new tritium production capacity shall be the technology that has the highest probability of successfully sustaining operation, the lowest risk of operational failure, and the lowest cost of construction and operation (including any revenues accruing to the United States from such operation).] * * * * * * * Subtitle E--Defense Nuclear Workers SEC. 3161. DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITIES WORKFORCE RESTRUCTURING PLAN. (a) * * * * * * * * * * (c) Objectives.--In preparing the plan required under subsection (a), the Secretary shall be guided by the following objectives: (1) Changes in the workforce at a Department of Energy defense nuclear facility-- (A) should be accomplished so as to minimize social and economic impacts; and [(B) should be made only after the provision of notice of such changes not later than 120 days before the commencement of such changes to such employees and the communities in which such facilities are located; and] (C) should be accomplished, when possible, through the use of retraining, early retirement, attrition, and other options that minimize layoffs. * * * * * * * [(e) Plan Updates.--Not later than one year after issuing a plan referred to in subsection (a) and on an annual basis thereafter, the Secretary shall issue an update of the plan. Each updated plan under this subsection shall-- [(1) be guided by the objectives referred to in subsection (c), taking into account any changes in the function or mission of the Department of Energy defense nuclear facilities and any other changes in circumstances that the Secretary determines to be relevant; [(2) contain an evaluation by the Secretary of the implementation of the plan during the year preceding the report; and [(3) contain such other information and provide for such other matters as the Secretary determines to be relevant. [(f) Submittal to Congress.--(1) The Secretary shall submit to Congress a plan referred to in subsection (a) with respect to a defense nuclear facility within 90 days after the date on which a notice of changes described in subsection (c)(1)(B) is provided to employees of the facility, or 90 days after the date of the enactment of this Act, whichever is later. [(2) The Secretary shall submit to Congress any updates of the plan under subsection (e) immediately upon completion of any such update.] (e) Treatment of Federal Employees.--This section does not apply to employees of the Department of Energy. * * * * * * * ............. NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1989 * * * * * * * ............. TITLE XIV--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS * * * * * * * SEC. 1436. NUCLEAR TEST BAN READINESS PROGRAM (a) * * * * * * * * * * [(e) Annual Report.--The Secretary of Energy shall submit to Congress each year an unclassified report (with a classified annex as necessary) that describes the progress made to the date of the report in achieving the purposes of the program required to be established under subsection (b).] * * * * * * * ---------- NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS 1990 AND 1991 * * * * * * * DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT * * * * * * * Part B--B-2 Aircraft Program * * * * * * * [SEC. 115. ONGOING INDEPENDENT ASSESSMENT OF B-2 AIRCRAFT PROGRAM [(a) Independent Assessment.--The Secretary of Defense shall provide for an ongoing independent assessment of the technological capabilities and performance of the B-2 aircraft. The Secretary shall appoint a panel of experts and shall use the resources of federally funded research and development centers (FFRDCs) to conduct the assessment. The Secretary shall provide the panel such resources as are necessary, including technical assistance by private contractors and the United States intelligence community, to assist the panel in conducting the assessment. Individuals appointed to the panel shall be independent of the Air Force and shall have no arrangements with the Air Force that would constitute a conflict of interest. [(b) Report.--The panel shall submit periodic reports of its findings to Congress. The first such report shall be submitted not later than April 1, 1990. Subsequent reports shall be submitted every six months thereafter until B-2 aircraft procurement is completed. Such reports shall be submitted in both classified and unclassified form. Each such report shall address the following matters: [(1) The capability of air defenses of the Soviet Union to defeat the B-2 aircraft during the designed service life of that aircraft, taking into consideration in particular-- [(A) the low radar signature and anticipated performance of the aircraft; [(B) technological capabilities of the Soviet Union; [(C) developments by the Soviet Union of alternatives to defeat the B-2 aircraft; and [(D) the estimated cost to the Soviet Union to defeat the B-2 aircraft. [(2) The rationale for building the B-2 aircraft as a manned penetrating bomber, taking into consideration in particular-- [(A) the missions of the aircraft; [(B) the capabilities of the aircraft to complete those missions; and [(C) the capability of the aircraft to search for, identify, and destroy strategic relocatable targets. [(3) The opportunity costs associated with the B-2 program as compared to other available or emerging technologies and operational concepts that could perform the missions of the B-2 aircraft at lesser costs. [(4) The planned service life of the B-2 aircraft and the potential for growth in that planned service life through the incorporation of preplanned product improvements and other modifications. [(5) The requirements for any follow-on aircraft or system that incorporates both low observable technology and high speed maneuverability. [(6) An assessment of the capability of the United States to defeat, identify, and destroy low observable vehicles, including manned aircraft and unmanned systems.] * * * * * * * DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS * * * * * * * Part D--Environment, Safety, and Management * * * * * * * [SEC. 3143. MAJOR DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS [(a) Major Program Defined.--In this section, the term ``major Department of Energy national security program'' means a research and development program (which may include construction and production activities), a construction program, or a production program-- [(1) that is designated by the Secretary of Energy as a major Department of Energy national security program; or [(2) that is estimated by the Secretary of Energy to cost more than $500,000,000 (based on fiscal year 1989 constant dollars). [(b) Required Reports.--(1) Except as provided in paragraph (3), the Secretary of Energy shall submit to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives at the end of each calendar-year quarter a report on each major Department of Energy national security program. [(2) Each such report shall include, at a minimum, the following information: [(A) A description of the program, its purpose, and its relationship to the mission of the national security program of the Department of Energy. [(B) The program schedule, including estimated annual costs. [(C) A comparison of the current schedule and cost estimates with previous schedule and cost estimates, and an explanation of changes. [(3) A report under this section need not be submitted for the first, second, or third calendar-year quarter if the comparison between current schedule and cost estimates and schedule and cost estimates contained in the last submitted report shows that there has been-- [(A) less than a 5 percent change in total program cost; and [(B) less than a 90-day delay in any significant schedule item of the program. [(c) Submission of Report.--Each report under this section shall be submitted not later than 30 days after the end of each calendar-year quarter. The first report shall cover the fourth quarter of 1989 and shall be submitted not later than January 30, 1990. [(d) Identification of Programs.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall submit a report to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives that identifies all programs of the Department of Energy that are major Department of Energy national security programs, as defined in subsection (a).] * * * * * * * ---------- ............. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS * * * * * * * Subtitle C--Program Authorizations, Restrictions, and Limitations * * * * * * * SEC. 3138. STOCKPILE STEWARDSHIP PROGRAM. (a) * * * * * * * * * * [(d) Report.--Each year, at the same time the President submits the budget under section 1105 of title 31, United States Code, the President shall submit to the Congress a report covering the most recently completed calendar year which sets forth-- [(1) any concerns with respect to the safety, security, effectiveness, or reliability of existing United States nuclear weapons raised by the Stockpile Surveillance Program of the Department of Energy, and the calculations and experiments performed by Sandia National Laboratories, Lawrence Livermore National Laboratory, or Los Alamos National Laboratory; and [(2) if such concerns have been raised, the President's evaluation of each concern and a report on what actions are being or will be taken to address that concern.] ---------- ............. TITLE X--GENERAL PROVISIONS ............. SECTION 1121 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS 1988 AND 1989 SEC. 1121. COUNTERINTELLIGENCE POLYGRAPH PROGRAM. (a) * * * * * * * * * * (c) Limitation on Number of Examinations.--The number of counterintelligence polygraph examinations that may be administered [under this section-- [(1) may not exceed 10,000 during each of fiscal years 1988, 1989, and 1990; and [(2) may not exceed 5,000 during any fiscal year after fiscal year 1990] under this section may not exceed 5,000 during any fiscal year for which a specific number is not otherwise provide by law. (d) * * * * * * * * * * ---------- ............. SECTION 1505 OF THE WEAPONS OF MASS DESTRUCTION CONTROL ACT OF 1992 SEC. 1505. INTERNATIONAL NONPROLIFERATION INITIATIVE. (a) * * * * * * * * * * (d) Sources of Assistance.--(1) * * * * * * * * * * (3) The total amount of the assistance provided in the form of funds under this section, including funds used for activities of the Department of Defense in support of the United Nations Special Commission on Iraq, may not exceed $25,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, $15,000,000 for fiscal year 1996, [or] $15,000,000 for fiscal year 1997, or $15,000,000 for fiscal year 1998. * * * * * * * (f) Termination of Authority.--The authority of the Secretary of Defense to provide assistance under this section terminates at the close of fiscal year [1997] 1998. * * * * * * * ---------- MILITARY CONSTRUCTION AUTHORIZATION ACT FOR FISCAL YEAR 1997 ............. TITLE XXVIII--GENERAL PROVISIONS * * * * * * * SECTION 2401 OF THE MILITARY CONSTRUCTION AUTHORIZATION ACT FOR FISCAL YEAR 1995 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States ---------------------------------------------------------------------------------------------------------------- Agency Installation or location Amount ---------------------------------------------------------------------------------------------------------------- Chemical Agents and Munitions Destruction...... Anniston Army Depot, Alabama................ $5,000,000 Pine Bluff Arsenal, Arkansas................ [$115,000,000] $134,000,000 Tooele Army Depot, Utah..................... $4,000,000 Umatilla Army Depot, Oregon................. [$186,000,000] $187,000,000 * * * * * * * ---------------------------------------------------------------------------------------------------------------- ---------- SECTION 204 OF THE DEFENSE AUTHORIZATION AMENDMENTS AND BASE CLOSURE AND REALIGNMENT ACT SEC. 204. IMPLEMENTATION. (a) * * * (b) Management and Disposal of Property.--(1) * * * * * * * * * * (5)(A) Except as provided in [subparagraph (B)] subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed under this title after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994, or will accept transfer of any portion of such installation, are made not later than 6 months after such date of enactment. * * * * * * * (C)(i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall consult with the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation. (ii) Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility. * * * * * * * ---------- SECTION 2905 OF THE DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990 SEC. 2905. IMPLEMENTATION. (a) * * * (b) Management and Disposal of Property.--(1) * * * * * * * * * * (5)(A) Except as provided in [subparagraph (B)] subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed under this part, or will accept transfer of any portion of such installation, are made not later than 6 months after the date of approval of closure of that installation. * * * * * * * (C)(i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation to be closed or realigned under this part as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall consult with the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation. (ii) Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility. * * * * * * * ---------- ............. SECTION OF THE 210 DEPARTMENT OF ENERGY NATIONAL SECURITY AND MILITARY APPLICATIONS OF NUCLEAR ENERGY AUTHORIZATION ACT OF 1981 [restriction on licensing requirement for certain defense activities and facilities [Sec. 210. None of the funds authorized to be appropriated by this or any other Act may be used for any purpose related to licensing of any defense activity or facility of the Department of Energy by the Nuclear Regulatory Commission.] ---------- .............