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Sec. 2857. Land conveyance, Holston Army
Ammunition Plant, Mount Car
mel, Tennessee. Sec. 2858. Land conveyance, Indiana Army
Ammunition Plant, Charles
town, Indiana. Sec. 2859. Land conveyance, Fort Ord, Cali
fornia. Sec. 2860. Land conveyance, Parks Reserve
Forces Training Area, Dublin,
California. Sec. 2861. Land conveyance, Army Reserve
Center, Youngstown, Ohio. Sec. 2862. Land conveyance, Army Reserve
Property, Fort Sheridan, Illi
nois. Sec. 2863. Land conveyance, property under
lying Cummins Apartment Complex, Fort Holabird, Mary
land. Sec. 2864. Modification of existing land con
veyance, Army property, Hamilton Air Force Base, Cali
PART II–NAVY CONVEYANCES Sec. 2865. Transfer of jurisdiction, Naval
Weapons Industrial Reserve
Plant, Calverton, New York. Sec. 2866. Modification of land conveyance,
Naval Weapons Industrial Reserve Plant, Calverton, New
York. Sec. 2867. Land conveyance alternative to
existing lease authority, Naval Supply Center, Oakland, Cali
fornia. Sec. 2868. Land conveyance, Naval Weapons
Industrial Reserve Plant,
McGregor, Texas. Sec. 2869. Land conveyance, Naval Surface
Warfare Center, Memphis, Ten
nessee. Sec. 2870. Land conveyance, Navy property,
Fort Sheridan, Illinois. Sec. 2871. Land conveyance, Naval Commu
nications Station, Stockton,
California. Sec. 2872. Lease of property, Naval Air Sta
tion and Marine Corps Air Sta
tion, Miramar, California. PART III-AIR FORCE CONVEYANCES Sec. 2874. Land acquisition exchange,
Shaw Air Force Base, South
Carolina Sec. 2875. Land conveyance, Elmendorf Air
Force Base, Alaska. Sec. 2876. Land conveyance, Radar Bomb
Scoring Site, Forsyth, Mon
tana. Sec. 2877. Land conveyance, Radar Bomb
Scoring Site, Powell, Wyoming. Sec. 2878. Land conveyance, Avon Park Air
Force Range, Florida. Subtitle E-Land Conveyances Involving
Utilities Sec. 2881. Conveyance of resource recovery
facility, Fort Dix, New Jersey. Sec. 2882. Conveyance of water and waste
water treatment plants, Fort
Gordon, Georgia. Sec. 2883. Conveyance of electricity distribu
tion system, Fort Irwin, Cali
fornia. Sec. 2884. Conveyance of water treatment
plant, Fort Pickett, Virginia.
Subtitle F-Other Matters Sec. 2891. Authority to use funds for certain
educational purposes. Sec. 2892. Department of Defense Laboratory
State of Mississippi to use Navy
Sec. 2894. Prohibition on joint use of Naval
Air Station and Marine Corps
fornia. Sec. 2895. Report regarding Army water
craft support facilities and ac
tivities. Sec. 2896. Residual value reports. Sec. 2897. Sense of Congress and report re
garding Fitzsimons Army Med
ical Center, Colorado. TITLE XXIX-LAND CONVEYANCES IN
VOLVING JOLIET ARMY AMMUNITION
PLANT, ILLINOIS Sec. 2901. Short title. Sec. 2902. Definitions. Subtitle A-Conversion of Joliet Army Ammunition Plant
Midewin National Tallgrass Prairie Sec. 2911. Principles of transfer. Sec. 2912. Transfer of management respon
sibilities and jurisdiction over
Arsenal. Sec. 2913. Responsibility and liability. Sec. 2914. Establishment and administration
of Midewin National Tallgrass
Prairie. Sec. 2915. Special management requirements
for Midewin National Tallgrass
Prairie. Sec. 2916. Special transfer rules for certain
Arsenal parcels intended for
MNP. Subtitle B-Other Land Conveyances Involving Joliet Army Ammunition Plant Sec. 2921. Conveyance of certain real prop
erty at Arsenal for a national
cemetery. Sec. 2922. Conveyance of certain real prop
erty at Arsenal for a county
landfill. Sec. 2923. Conveyance of certain real prop
erty at Arsenal for industrial
parks. Subtitle C-Miscellaneous Provisions Sec. 2931. Degree of environmental cleanup. Sec. 2932. Retention of property used for en
vironmental cleanup. DIVISION C-DEPARTMENT OF ENERGY
NATIONAL SECURITY AUTHORIZATIONS
NATIONAL SECURITY PROGRAMS
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 con
struction design. Sec. 3126. Authority for emergency plan
ning, design, and construction
activities. Sec. 3127. Funds available for all national
security programs of the De
partment of Energy. Sec. 3128. Availability of funds. Subtitle C-Program Authorizations,
Restrictions, and Limitations Sec. 3131. Authority to conduct program re
lating to fissile materials. Sec. 3132. National Ignition Facility. Sec. 3133. Tritium production program. Sec. 3134. Payment of penalties. Sec. 3135. Fissile materials disposition. Sec. 3136. Tritium recycling. Sec. 3137. Manufacturing infrastructure for
refabrication and certification of nuclear weapons stockpile.
Sec. 3138. Hydronuclear experiments.
duct hydronuclear tests. Sec. 3140. Fellowship program for develop
ment of skills critical to the Department of Energy nuclear
weapons complex. Sec. 3141. Limitation on use of funds for cer
tain research and development
purposes. Sec. 3142. Processing and treatment of high
level nuclear waste and spent
nuclear fuel rods. Sec. 3143. Protection of workers at nuclear
weapons facilities. Sec. 3144. Department of Energy Declas
sification Productivity Initia
Subtitle D-Other Matters Sec. 3151. Report on foreign tritium pur
chases. Sec. 3152. Study on nuclear test readiness
postures. Sec. 3153. Master plan for the certification,
stewardship, and management of warheads in the nuclear
weapons stockpile. Sec. 3154. Prohibition on international in
spections of Department of Energy facilities unless protection
of restricted data is certified. Sec. 3155. Review of certain documents be
fore declassification and re
lease. Sec. 3156. Accelerated schedule for environ
mental restoration and waste
management activities. Sec. 3157. Sense of Congress regarding cer
tain environmental restoration
requirements. Sec. 3158. Responsibility for Defense Pro
grams Emergency Response
Program. Sec. 3159. Requirements for Department of
Energy weapons activities budgets for fiscal years after
fiscal year 1996. Sec. 3160. Report on hydronuclear testing. Sec. 3161. Applicability of Atomic Energy
Community Act of 1955 to Los
Alamos, New Mexico. Sec. 3162. Sense of Congress regarding ship
ments of spent nuclear fuel.
FACILITIES SAFETY BOARD
Use of Funds Sec. 3301. Definitions. Sec. 3302. Authorized uses of stockpile funds. Sec. 3303. Disposal of chromite and man
ganese ores and chromium ferro and manganese metal electro
lytic. Sec. 3304. Restrictions on disposal of man
ganese ferro. Sec. 3305. Titanium initiative to support
battle tank upgrade program. Subtitle B-Programmatic Change Sec. 3311. Transfer of excess defense-related
materials to stockpile for dis
tain petroleum during fiscal
year 1996. Sec. 3403. Extension of operating contract
for Naval Petroleum Reserve
Numbered 1. Subtitle B-Sale of Naval Petroleum Reserve Sec. 3411. Definitions.
Sec. 3412. Sale of Naval Petroleum Reserve
Numbered 1. Sec. 3413. Effect of sale of reserve. Sec. 3414. Conditions on sale process. Sec. 3415. Treatment of State of California
claim regarding reserve. Sec. 3416. Study of future of other naval pe
other laws. Subtitle B-Reconstitution of Commission as
Government Corporation Sec. 3521. Short title. Sec. 3522. Reconstitution of Commission as
Government corporation. Sec. 3523. Supervisory Board. Sec. 3524. General and specific powers of
Commission. Sec. 3525. Congressional review of budget. Sec. 3526. Audits. Sec. 3527. Prescription of measurement rules
and rates of tolls. Sec. 3528. Procedures for changes in rules of
measurement and rates of tolls. Sec. 3529. Miscellaneous technical amend
ments. Sec. 3530. Conforming amendment to title
31, United States Code. DIVISION D-FEDERAL ACQUISITION
REFORM Sec. 4001. Short title.
TITLE XLI-COMPETITION Sec. 4101. Efficient competition. Sec. 4102. Efficient approval procedures. Sec. 4103. Efficient competitive range deter
minations. Sec. 4104. Preaward debriefings. Sec. 4105. Design-build selection procedures.
TITLE XLII-COMMERCIAL ITEMS Sec. 4201. Commercial item exception to re
quirement for cost or pricing
data. Sec. 4202. Application of simplified proce
dures to certain commercial
items. Sec. 4203. Inapplicability of certain procure
ment laws to commercially
available off-the-shelf items. Sec. 4204. Amendment of commercial items
definition. Sec. 4205. Inapplicability of cost accounting
standards to contracts and sub-
Provisions Sec. 4301. Elimination of certain certifi
cation requirements. Sec. 4302. Authorities conditioned on
FACNET capability. Sec. 4303. International competitiveness. Sec. 4304. Procurement integrity. Sec. 4305. Further acquisition streamlining
provisions. Sec. 4306. Value engineering for Federal
agencies. Sec. 4307. Acquisition workforce. Sec. 4308. Demonstration project relating to
certain personnel management
policies and procedures. Sec. 4309. Cooperative purchasing. Sec. 4310. Procurement notice technical
amendments. Sec. 4311. Micro-purchases without competi
tive quotations. Subtitle B-Technical Amendments Sec. 4321. Amendments related to Federal
Acquisition Streamlining Act of 1994.
Sec. 4322. Miscellaneous amendments to
Federal acquisition laws.
MANAGEMENT REFORM Sec. 5001. Short title. Sec. 5002. Definitions. TITLE LI-RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Subtitle A-General Authority Sec. 5101. Repeal of central authority of the
Administrator of General Serv
Management and Budget
control. Sec. 5113. Performance-based and results
based management. Subtitle C-Executive Agencies Sec. 5121. Responsibilities. Sec. 5122. Capital planning and investment
control. Sec. 5123. Performance and results-based
management. Sec. 5124. Acquisitions of information tech
nology. Sec. 5125. Agency Chief Information Officer. Sec. 5126. Accountability. Sec. 5127. Significant deviations. Sec. 5128. Interagency support.
Subtitle D-Other Responsibilities Sec. 5131. Responsibilities regarding effi
ciency, security, and privacy of
Federal computer systems. Sec. 5132. Sense of Congress.
Subtitle E-National Security Systems Sec. 5141. Applicability to national security
systems. Sec. 5142. National security system defined. TITLE LII-PROCESS FOR ACQUISITIONS
OF INFORMATION TECHNOLOGY Sec. 5201. Procurement procedures. Sec. 5202. Incremental acquisition of infor
mation technology. TITLE LIII-INFORMATION TECHNOLOGY
ACQUISITION PILOT PROGRAMS
Subtitle A-Conduct of Pilot Programs
Subtitle B-Specific Pilot Programs
program. TITLE LIV-ADDITIONAL INFORMATION
RESOURCES MANAGEMENT MATTERS Sec. 5401. On-line multiple award schedule
contracting Sec. 5402. Identification of excess and sur
plus computer equipment. Sec. 5403. Access of certain information in
information systems to the directory established under section 4101 of title 44, United
States Code. TITLE LV-PROCUREMENT PROTEST AU
THORITY OF THE COMPTROLLER GEN
ERAL Sec. 5501. Period for processing protests. Sec. 5502. Availability of funds following
GAO resolution of challenge to
contracting action. TITLE LVI-CONFORMING AND CLERICAL
AMENDMENTS Sec. 5601. Amendments to title 10, United
Sec. 5602. Amendments to title 28, United
States Code. Sec. 5603. Amendment to title 31, United
States Code. Sec. 5604. Amendments to title 38, United
States Code. Sec. 5605. Provisions of title 44, United
States Code, relating to paper
work reduction. Sec. 5606. Amendment to title 49, United
States Code. Sec. 5607. Other laws. Sec. 5608. Clerical amendments. TITLE LVII-EFFECTIVE DATE, SAVINGS
PROVISIONS, AND RULES OF CON
STRUCTION Sec. 5701. Effective date. Sec. 5702. Savings provisions. Sec. 5703. Rules of construction. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES
DEFINED. For purposes of this Act, the term “congressional defense 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 Representatives. SEC. 4. EXTENSION OF TIME FOR SUBMISSION OF
REPORTS. In the case of any provision of this Act, or any amendment made by a provision of this Act, requiring the submission of a report to Congress (or any committee of Congress), that report shall be submitted not later than the later of
(1) the date established for submittal of the report in such provision or amendment; or
(2) the date that is 45 days after the date of the enactment of this Act. DIVISION A-DEPARTMENT OF DEFENSE
TITLE I-PROCUREMENT Subtitle A-Authorization of Appropriations SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1996 for procurement for the Army as follows:
(1) For aircraft, $1,558,805,000. (2) For missiles, $865,555,000.
(3) For weapons and tracked combat vehicles, $1,652,745,000.
(4) For ammunition, $1,093,991,000.
(5) For other procurement, $2,763,443,000. SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.-Funds are hereby authorized to be appropriated for fiscal year 1996 for procurement for the Navy as follows:
(1) For aircraft, $4,572,394,000.
(2) For weapons, including missiles and torpedoes, $1,659,827,000.
(3) For shipbuilding and conversion, $6,643,958,000.
(4) For other procurement, $2,414,771,000.
(b) MARINE CORPS.–Funds are hereby authorized to be appropriated for fiscal year 1996 for procurement for the Marine Corps in the amount of $458,947,000.
(c) NAVY AND MARINE CORPS AMMUNITION.Funds are hereby authorized to be appropriated for procurement of ammunition for the Navy and the Marine Corps in the amount of $430,053,000. SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1996 for procurement for the Air Force as follows:
(1) For aircraft, $7,349,783,000.
(4) For other procurement, $6,268,430,000. SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1996 for Defense-wide procurement in the amount of $2,124,379,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1996 for procurement of aircraft, vehicles, communications equipment, and other equipment for the reserve components of the Armed Forces as follows:
(1) For the Army National Guard, $160,000,000.
(2) For the Air National Guard, $255,000,000. (3) For the Army Reserve, $85,700,000. (4) For the Naval Reserve, $67,000,000. (5) For the Air Force Reserve, $135,600,000.
(6) For the Marine Corps Reserve, $73,700,000 SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1996 for procurement for the Inspector General of the Department of Defense in the amount of $1,000,000. SEC. 107. CHEMICAL DEMILITARIZATION PRO
GRAM. There is hereby authorized to be appropriated for fiscal year 1996 the amount of $672,250,000 for
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 1996 for the Department of Defense for procurement for carrying out health care programs, projects, and activities of the Department of Defense in the total amount of $288,033,000.
Subtitle B-Army Programs SEC. 111. PROCUREMENT OF OH-58D ARMED
KIOWA WARRIOR HELICOPTERS. The prohibition in section 133(a)(2) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1383) does not apply to the obligation of funds in amounts not to exceed $140,000,000 for the procurement of not more than 20 OH-58D Armed Kiowa Warrior aircraft from funds appropriated for fiscal year 1996 pursuant to section 101. SEC. 112. REPEAL OF REQUIREMENTS FOR AR
MORED VEHICLE UPGRADES. Subsection (j) of section 21 of the Arms Export Control Act (22 U.S.C. 2761) is repealed. SEC. 113. MULTIYEAR PROCUREMENT OF HELI
COPTERS. The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into multiyear procurement contracts for procurement of the following:
(1) AH-64D Longbow Apache attack helicopters.
(2) UH-60 Black Hawk utility helicopters. SEC. 114. REPORT ON AH-64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the Army shall submit to Congress a report on plans to procure T700–701C engine upgrade kits for Army AH-64D helicopters. The report shall include
(1) a plan to provide for the upgrade of all Army AH-64D helicopters with T700-701C engine kits commencing in fiscal year 1996; and
(2) a detailed timeline and statement of funding requirements for the engine upgrade program described in paragraph (1). SEC. 115. REQUIREMENT FOR USE OF PRE
VIOUSLY AUTHORIZED MULTIYEAR
ARMY SMALL ARMS PROCUREMENT. (a) REQUIREMENT.-The Secretary of the Army (subject to the provision of authority in an appropriations Act) shall enter into a multiyear procurement contract during fiscal year 1997 in accordance with section 115(b)(2) of the National Defense Authorization for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2681).
(b) TECHNICAL AMENDMENT.-Section 115(b)(1) of the National Defense Authorization for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2681) is amended by striking out “2306(h)” and inserting in lieu thereof “2306b”.
Subtitle C-Navy Programs SEC. 131. NUCLEAR ATTACK SUBMARINES.
(a) AMOUNTS AUTHORIZED.-(1) Of the amount authorized by section 102 to be appropriated for Shipbuilding and Conversion, Navy, for fiscal year 1996—
(A) $700,000,000 is available for construction of the third vessel (designated SSN-23) in the Seawolf attack submarine class, which shall be the final vessel in that class; and
(B) $804,498,000 is available for long-lead and advance construction and procurement of components for construction of the fiscal year 1998 and fiscal year 1999 submarines (previously designated by the Navy as the New Attack Submarine), of which
(i) $704,498,000 shall be available for longlead and advance construction and procurement for the fiscal year 1998 submarine, which shall be built by Electric Boat Division; and
(ii) $100,000,000 shall be available for longlead and advance construction and procurement for the fiscal year 1999 submarine, which shall be built by Newport News Shipbuilding
(2) Of the amount authorized by section 201(2), $10,000,000 shall be available only for participation of Newport News Shipbuilding in the design of the submarine previously designated by the Navy as the New Attack Submarine.
(b) COMPETITION, REPORT, AND BUDGET REVISION LIMITATIONS.—(1) Of the amounts specified in subsection (a)(1), not more than $200,000,000 may be obligated or expended until the Secretary of the Navy certifies in writing to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives that procurement of nuclear attack submarines to be constructed beginning
(A) after fiscal year 1999, or
(B) if four submarines are procured as provided for in the plan described in subsection (c), after fiscal year 2001, will be under one or more contracts that are entered into after competition between potential competitors (as defined in subsection (k)) in which the Secretary solicits competitive proposals and awards the contract or contracts on the basis of price.
(2) Of the amounts specified in subsection (a)(1), not more than $1,000,000,000 may be obligated or expended until the Secretary of Defense, not later than March 15, 1996, accomplishes each of the following:
(A) Submits to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives in accordance with subsection (c) the plan required by that subsection for a program to produce a more capable, less expensive nuclear attack submarine than the submarine design previously designated by the Navy as the New Attack Submarine.
(B) Notwithstanding any other provision of law, or the funding level in the President's budget for each year after fiscal year 1996, the Under Secretary of Defense (Comptroller) shall incorporate the costs of the plan required by subsection (c) in the Future Years Defense Program (FYDP) even if the total cost of that Program exceeds the President's budget.
(C) Directs that the Under Secretary of Defense for Acquisition and Technology conduct oversight over the development and improvement of the nuclear attack submarine program of the Navy. Officials of the Department of the Navy exercising management oversight of the program shall report to the
Under Secretary of Defense for Acquisition and Technology with respect to that program.
(C) PLAN FOR FISCAL YEAR 1998, 1999, 2000, AND 2001 SUBMARINES.—(1) The Secretary of Defense shall, not later than March 15, 1996, develop (and submit to the committees specified in subsection (b)(2)(A)) a detailed plan for development of a program that will lead to production of a more capable, less expensive submarine than the submarine previously designated as the New Attack Submarine.
(2) As part of such plan, the Secretary shall provide for a program for the design, development, and procurement of four nuclear attack submarines to be procured during fiscal years 1998 through 2001, the purpose of which shall be to develop and demonstrate new technologies that will result in each successive submarine of those four being a more capable and more affordable submarine than the submarine that preceded it. The program shall be structured so that,
(A) one of the four submarines is to be constructed with funds appropriated for each fiscal year from fiscal year 1998 through fiscal year 2001;
(B) in order to ensure flexibility for innovation, the fiscal year 1998 and the fiscal year 2000 submarines are to be constructed by the Electric Boat Division and the fiscal year 1999 and the fiscal year 2001 submarines are to be constructed by Newport News Shipbuilding;
(C) the design designated by the Navy for the submarine previously designated as the New Attack Submarine will be used as the base design by both contractors;
(D) each contractor shall be called upon to propose improvements, including design improvements, for each successive submarine as new and better technology is demonstrated and matures so that,
(i) each successive submarine is more capable and more affordable; and
(ii) the design for a future class of nuclear attack submarines will incorporate the latest, best, and most affordable technology; and
(E) the fifth and subsequent nuclear attack submarines to be built after the SSN-23 submarine shall be procured as required by subsection (b)(1).
(3) The plan under paragraph (1) shall
(A) set forth a program to accomplish the design, development, and construction of the four submarines taking maximum advantage of a streamlined acquisition process, as provided under subsection (d);
(B) culminate in selection of a design for a next submarine for serial production not earlier than fiscal year 2003, with such submarine to be procured as required by subsection (b)(1):
(C) identify advanced technologies that are in various phases of research and development, as well as those that are commercially available off-the-shelf, that are candidates to be incorporated into the plan to design, develop, and procure the submarines;
(D) designate the fifth submarine to be procured as the lead ship in the next generation submarine class, unless the Secretary of the Navy, in consultation with the special submarine review panel described in subsection (f), determines that more submarines should be built before the design of the new class of submarines is fixed, in which case each such additional submarine shall be procured in the same manner as is required by subsection (b)(1); and
(E) identify the impact of the submarine program described in paragraph (1) on the remainder of the appropriation account known as “Shipbuilding and Conversion, Navy”, as such impact relates to
(i) force structure levels required by the October 1993 Department of Defense report entitled "Report on the Bottom-Up Review";
(ii) force structure levels required by the 1995 report on the Surface Ship Combatant Study that was carried out for the Department of Defense; and
(iii) the funding requirements for submarine construction, as a percentage of the total ship construction account, for each fiscal year throughout the FYDP.
(4) As part of such plan, the Secretary shall provide
(A) cost estimates and schedules for developing new technologies that may be used to make submarines more capable and more affordable, and
(B) an analysis of significant risks associated with fielding the new technologies on the schedule proposed by the Secretary and significant increased risks that are likely to be incurred by accelerating that schedule.
(d) STREAMLINED ACQUISITION PROCESS.The Secretary of Defense shall prescribe and use streamlined acquisition policies and procedures to reduce the cost and increase the efficiency of the submarine program under this section.
(e) ANNUAL REVISIONS TO PLAN.—The Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives an annual update to the plan required to be submitted under subsection (b). Each such update shall be submitted concurrent with the President's budget submission to Congress for each of fiscal years 1998 through 2002.
(f) SPECIAL SUBMARINE REVIEW PANEL.-(1) The plan under subsection (c) and each annual update under subsection (e) shall be reviewed by a special bipartisan congressional panel working with the Navy. The panel shall consist of three members of the Committee on Armed Services of the Senate, who shall be designated by the chairman of that committee, and three members of the Committee on National Security of the House of Representatives, who shall be designated by the chairman of that committee. The members of the panel shall be briefed by the Secretary of the Navy on the status of the submarine modernization program and the status of submarine-related research and development under this section.
(2) Not later than May 1 of each year, the panel shall report to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives on the panel's findings and recommendations regarding the progress of the Secretary in procuring a more capable, less expensive submarine. The panel may recommend any funding adjustments it believes appropriate to achieve this objective.
(g) LINKAGE OF FISCAL YEAR 1998 AND 1999 SUBMARINES.-Funds referred to in subsection (a)(1)(B) that are available for the fiscal year 1998 and fiscal year 1999 submarines under this section may not be expended during fiscal year 1996 for the fiscal year 1998 submarine (other than for design) unless funds are obligated or expended during such fiscal year for a contract in support of procurement of the fiscal year 1999 submarine.
(h) CONTRACTS AUTHORIZED.-The Secretary of the Navy is authorized, using funds available pursuant to paragraph (1)(B) of subsection (a), to enter into contracts with Electric Boat Division and Newport News Shipbuilding, and suppliers of components, during fiscal year 1996 for
(1) the procurement of long-lead components for the fiscal year 1998 submarine and the fiscal year 1999 submarine under this section; and
(2) advance construction of such components and other components for such submarines.
(i) ADVANCED RESEARCH PROJECTS AGENCY DEVELOPMENT OF ADVANCED TECHNOLOGIES.(1) Of the amount provided in section 201(4) for the Advanced Research Projects Agency, $100,000,000 is available only for development and demonstration of advanced technologies for incorporation into the submarines constructed as part of the plan developed under subsection (c). Such advanced technologies shall include the following:
(A) Electric drive.
(2) The Director of the Advanced Research Projects Agency shall implement a rapid prototype acquisition strategy for both landbased and at-sea subsystem and system demonstrations of advanced technologies under paragraph (1). Such acquisition strategy shall be developed and implemented in concert with Electric Boat Division and Newport News Shipbuilding and the Navy.
(j) REFERENCES TO CONTRACTORS.–For purposes of this section
(1) the contractor referred to as “Electric Boat Division” is the Electric Boat Division of the General Dynamics Corporation, and
(2) the contractor referred to as “Newport News Shipbuilding” is the Newport News Shipbuilding and Drydock Company.
(k) POTENTIAL COMPETITOR DEFINED. For purposes of this section, the term “potential competitor” means any source to which the Secretary of the Navy has awarded, within 10 years before the date of the enactment of this Act, a contract or contracts to construct one or more nuclear attack submarines. SEC. 132. RESEARCH FOR ADVANCED SUBMARINE
TECHNOLOGY. Of the amount appropriated for fiscal year 1996 for the National Defense Sealift Fund, $50,000,000 shall be available only for the Director of the Advanced Research Projects Agency for advanced submarine technology activities. SEC. 133. COST LIMITATION FOR SEAWOLF SUB
MARINE PROGRAM. (a) LIMITATION OF COSTS.—Except as provided in subsection (b), the total amount obligated or expended for procurement of the SSN-21, SSN-22, and SSN-23 Seawolf class submarines may not exceed $7,223,659,000.
(b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—The amount of the limitation set forth in subsection (a) is increased by the following amounts:
(1) The amounts of outfitting costs and post-delivery costs incurred for the submarines referred to in such subsection.
(2) The amounts of increases in costs attributable to economic inflation after September 30, 1995.
(3) The amounts of increases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 1995.
(c) REPEAL OF SUPERSEDED PROVISION. Section 122 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2682) is repealed. SEC. 134. REPEAL OF PROHIBITION ON BACKFIT
OF TRIDENT SUBMARINES. Section 124 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2683) is repealed. SEC. 135. ARLEIGH BURKE CLASS DESTROYER
PROGRAM. (a) AUTHORIZATION FOR PROCUREMENT OF SIX VESSELS.—The Secretary of the Navy is authorized to construct six Arleigh Burke
class destroyers in accordance with this section. Within the amount authorized to be appropriated pursuant to section 102(a)(3), $2,169,257,000 is authorized to be appropriated for construction (including advance procurement) for the Arleigh Burke class destroyers.
(b) CONTRACTS.—(1) The Secretary is authorized to enter into contracts in fiscal year 1996 for the construction of three Arleigh Burke class destroyers.
(2) The Secretary is authorized, in fiscal year 1997, to enter into contracts for the construction of the other three Arleigh Burke class destroyers covered by subsection (a), subject to the availability of appropriations for such destroyers.
(3) In awarding contracts for the six vessels covered by subsection (a), the Secretary shall continue the contract award pattern and sequence used by the Secretary for the procurement of Arleigh Burke class destroyers during fiscal years 1994 and 1995.
(4) A contract for construction of a vessel or vessels that is entered into in accordance with paragraph (1) shall include a clause that limits the liability of the Government to the contractor for any termination of the contract. The maximum liability of the Government under the clause shall be the amount appropriated for the vessel or vessels.
(C) USE OF AVAILABLE FUNDS.-(1) Subject to paragraph (2), the Secretary may take appropriate actions to use for full funding of a contract entered into in accordance with subsection (b)
(A) any funds that, having been appropriated for shipbuilding and conversion programs of the Navy other than Arleigh Burke class destroyer programs pursuant to the authorization in section 102(a)(3), become excess to the needs of the Navy for such programs by reason of cost savings achieved for such programs;
(B) any unobligated funds that are available to the Secretary for shipbuilding and conversion for any fiscal year before fiscal year 1996; and
(C) any funds that are appropriated after the date of the enactment of the Department of Defense Appropriations Act, 1996, to complete the full funding of the contract.
(2) The Secretary may not, in the exercise of authority provided in subparagraph (A) or (B) of paragraph (1), obligate funds for a contract entered into in accordance with subsection (b) until 30 days after the date on which the Secretary submits to the congressional defense committees in writing a notification of the intent to obligate the funds. The notification shall set forth the source or sources of the funds and the amount of the funds from each such source that is to be so obligated. SEC. 136. ACQUISITION PROGRAM FOR CRASH AT
TENUATING SEATS. (a) PROGRAM AUTHORIZED.—The Secretary of the Navy shall establish a program to procure for, and install in, H-53E military transport helicopters commercially developed, energy absorbing, crash attenuating seats that the Secretary determines are consistent with military specifications for seats for such helicopters.
(b) FUNDING.–To the extent provided in appropriations Acts, of the unobligated balance of amounts appropriated for the Legacy Resource Management Program pursuant to the authorization of appropriations in section 301(5) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2706), not more than $10,000,000 shall be available to the Secretary of the Navy, by transfer to the appropriate accounts, for carrying out the program authorized in subsection (a). SEC. 137. T-39N TRAINER AIRCRAFT.
(a) LIMITATION.—The Secretary of the Navy may not enter into a contract, using funds appropriated for fiscal year 1996 for procurement of aircraft for the Navy, for the acquisition of the aircraft described in subsection (b) until 60 days after the date on which the Under Secretary of Defense for Acquisition and Technology submits to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives—
(1) an analysis of the proposed acquisition of such aircraft; and
(2) a certification that the proposed acquisition during fiscal year 1996 (A) is in the best interest of the Government, and (B) is the most cost effective means of meeting the requirements of the Navy for aircraft for use in the training of naval flight officers.
(b) COVERED AIRCRAFT.-Subsection (a) applies to certain T-39 trainer aircraft that as of November 1, 1995 (1) are used by the Navy under a lease arrangement for the training of naval flight officers, and (2) are offered for sale to the Government. SEC. 138. PIONEER UNMANNED AERIAL VEHICLE
PROGRAM. Not more than one-sixth of the amount appropriated pursuant to this Act for the activities and operations of the Unmanned Aerial Vehicle Joint Program Office (UAV-JPO), and none of the unobligated balances of funds appropriated for fiscal years before fiscal year 1996 for the activities and operations of such office, may be obligated until the Secretary of the Navy certifies to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives that funds have been obligated to equip nine Pioneer Unmanned Aerial Vehicle systems with the Common Automatic Landing and Recovery System (CARS).
Subtitle D-Air Force Programs SEC. 141. B-2 AIRCRAFT PROGRAM.
(a) REPEAL OF LIMITATIONS.—The following provisions of law are repealed:
(1) Section 151(c) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2339).
(2) Sections 131(c) and 131(d) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1569).
(3) Section 133(e) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2688).
(b) CONVERSION OF LIMITATION TO ANNUAL REPORT REQUIREMENT.-Section 112 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1373) is amended
(1) by striking out subsection (a);
(2) by striking out the matter in subsection (b) preceding paragraph (1) and inserting in lieu thereof the following:
“(a) ANNUAL REPORTING REQUIREMENT.Not later than March 1 of each year, 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 that sets forth the finding of the Secretary (as of January 1 of such year) on each of the following matters:'';
(3) by striking out “That” in paragraphs (1), (2), (3), (4), and (5) and inserting in lieu thereof "Whether");
(4) in paragraph (1), by striking out "latest” and all that follows through “100–180" and inserting in lieu thereof “Requirements Correlation Matrix found in the user-defined Operational Requirements Document (as contained in Attachment B to a letter from the Secretary of Defense to Congress dated October 14, 1993)”;
(5) in paragraph (3), by striking out “congressional defense”;
(6) in paragraph (4), by striking out "such certification to be submitted”';
(7) by adding at the end the following:
“(b) FIRST REPORT.—The Secretary shall submit the first annual report under subsection (a) not later than March 1, 1996.””; and
(8) by amending the section heading to read as follows: "SEC. 112. ANNUAL REPORT ON B-2 BOMBER AIR
CRAFT PROGRAM.”. (c) REPEAL OF CONDITION ON OBLIGATION OF FUNDS IN ENHANCED BOMBER CAPABILITY FUND.-Section 133(d)(3) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2688) is amended by striking out “If,” and all that follows through “bombers, the Secretary” and inserting in lieu thereof “The Secretary”. SEC. 142. PROCUREMENT OF B-2 BOMBERS.
Of the amount authorized to be appropriated by section 103 for the B-2 bomber procurement program, not more than $279,921,000 may be obligated or expended before March 31, 1996. SEC. 143. MC-130H AIRCRAFT PROGRAM.
The limitation on the obligation of funds for payment of an award fee and the procurement of contractor-furnished equipment for the MC-130H Combat Talon aircraft set forth in section 161(a) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1388) shall cease to apply upon determination by the Director of Operational Test and Evaluation (and submission of a certification of that determination to the congressional defense committees) that, based on the operational test and evaluation and the analysis conducted on that aircraft to the date of that determination, such aircraft is operationally effective and meets the needs of its intended users. Subtitle E-Chemical Demilitarization
CEED EXPEDITIOUSLY WITH DEVEL-
ITY AT TOOELE ARMY DEPOT, UTAH.
PILE OF LETHAL CHEMICAL AGENTS
AND MUNITIONS. (a) IN GENERAL.—The Secretary of Defense shall proceed with the program for destruction of the chemical munitions stockpile of the Department of Defense while maintaining the maximum protection of the environment, the general public, and the personnel involved in the actual destruction of the munitions. In carrying out such program, the Secretary shall use technologies and procedures that will minimize the risk to the public at each site.
(b) INITIATION OF DEMILITARIZATION OPERATIONS.—The Secretary of Defense may not initiate destruction of the chemical munitions stockpile stored at a site until the following support measures are in place:
(1) Support measures that are required by Department of Defense and Army chemical surety and security program regulations.
(2) Support measures that are required by the general and site chemical munitions demilitarization plans specific to that installation.
(3) Support measures that are required by the permits required by the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for chemical munitions demilitarization operations at that installation, as approved by the appropriate State regulatory agencies.
(c) ASSESSMENT OF ALTERNATIVES.—(1) The Secretary of Defense shall conduct an assessment of the current chemical demilitarization program and of measures that could be
taken to reduce significantly the total cost of the program, while ensuring maximum protection of the general public, the personnel involved in the demilitarization program, and the environment. The measures considered shall be limited to those that would minimize the risk to the public. The assessment shall be conducted without regard to any limitation that would otherwise apply to the conduct of such an assessment under any provision of law.
(2) The assessment shall be conducted in coordination with the National Research Council.
(3) Based on the results of the assessment, the Secretary shall develop appropriate recommendations for revision of the chemical demilitarization program.
(4) Not later than March 1, 1996, the Secretary of Defense shall submit to the congressional defense committees an interim report assessing the current status of the chemical stockpile demilitarization program, including the results of the Army's analysis of the physical and chemical integrity of the stockpile and implications for the chemical demilitarization program, and providing recommendations for revisions to that program that have been included in the budget request of the Department of Defense for fiscal year 1997. The Secretary shall submit to the congressional defense committees with the submission of the budget request of the Department of Defense for fiscal year 1998 a final report on the assessment conducted in accordance with paragraph (1) and recommendations for revision to the program, including an assessment of alternative demilitarization technologies and processes to the baseline incineration process and potential reconfiguration of the stockpile that should be incorporated in the program.
(d) ASSISTANCE FOR CHEMICAL WEAPONS STOCKPILE COMMUNITIES AFFECTED BY BASE CLOSURE.—(1) The Secretary of Defense shall review and evaluate issues associated with closure and reutilization of Department of Defense facilities co-located with continuing chemical stockpile and chemical demilitarization operations.
(2) The review shall include the following:
(A) An analysis of the economic impacts on these communities and the unique reuse problems facing local communities associated with ongoing chemical weapons programs.
(B) Recommendations of the Secretary on methods for expeditious and cost-effective transfer or lease of these facilities to local communities for reuse by those communities.
(3) The Secretary shall submit to the congressional defense committees a report on the review and evaluation under this subsection. The report shall be submitted not later than 90 days after the date of the enactment of this Act. SEC. 153. ADMINISTRATION OF CHEMICAL DE
MILITARIZATION PROGRAM. (a) TRAVEL FUNDING FOR MEMBERS OF CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY COMMISSIONS.-Section 172(g) of Public Law 102–484 (50 U.S.C. 1521 note) is amended to read as follows:
"(g) PAY AND EXPENSES.--Members of each commission shall receive no pay for their involvement in the activities of their commissions. Funds appropriated for the Chemical Stockpile Demilitarization Program may be used for travel and associated travel costs for Citizens' Advisory Commissioners, when such travel is conducted at the invitation of the Assistant Secretary of the Army (Research, Development, and Acquisition).”.
(b) QUARTERLY REPORT CONCERNING TRAVEL FUNDING FOR CITIZENS' ADVISORY COMMISSIONERS.-Section 1412(g) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(g)), is amended