Pub.L. 104-202 To name the Department of Veterans Affairs medical center in Jackson, Mississippi, as the ``G.V. (Sonny) Montgomery Department of Veterans Affairs Medical Center''. <> ...

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[[Page 2421]]

         NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

[[Page 110 STAT. 2422]]

Public Law 104-201
104th Congress

                                 An Act


 
To authorize appropriations for fiscal year 1997 for military activities 
                                 of the 
   Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel strengths 
        for such fiscal year for the Armed Forces, and for other 
           purposes. <<NOTE: Sept. 23, 1996 -  [H.R. 3230]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: National Defense Authorization Act 
for Fiscal Year 1997.>>  Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 1997''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.

                        Subtitle B--Army Programs

Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior 
                    helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.

                        Subtitle C--Navy Programs

Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA-6B aircraft reactive jammer program.
Sec. 124. T-39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.


[[Page 110 STAT. 2423]]



                     Subtitle D--Air Force Programs

Sec. 131. Repeal of limitation on procurement of F-15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C-17 
                    aircraft program.

                        Subtitle E--Other Matters

Sec. 141. Assessments of modernization priorities of the Reserve 
                    components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents 
                    and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and 
                    Manufacturing Support Initiative.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V-22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F-22 aircraft.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance 
                    aircraft.
Sec. 217. Cost analysis of F-22 aircraft program.
Sec. 218. F-22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber 
                    Optic 
                    Guided Missile (EFOG-M) system.
Sec. 225. Hydra-70 rocket product improvement program.
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and 
                    explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects 
                    Agency relating to chemical and biological warfare 
                    defense technology.
Sec. 229. Certification of capability of United States to prevent 
                    illegal importation of nuclear, biological, or 
                    chemical weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.

             Subtitle C--Ballistic Missile Defense Programs

Sec. 241. Funding for ballistic missile defense programs for fiscal year 
                    1997.
Sec. 242. Certification of capability of United States to defend against 
                    single 
                    ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense 
                    program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment 
                    of establishment of National Missile Defense Joint 
                    Program Office.
Sec. 248. ABM Treaty defined.

                        Subtitle D--Other Matters

Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate 
                    Competitive Research.
Sec. 265. Elimination of report on the use of competitive procedures for 
                    the award of certain contracts to colleges and 
                    universities.
Sec. 266. Pilot program for transfer of defense technology information 
                    to private industry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic 
                    games.

[[Page 110 STAT. 2424]]

Sec. 270. Annual joint warfighting science and technology plan.

         Subtitle E--National Oceanographic Partnership Program

Sec. 281. Findings.
Sec. 282. National Oceanographic Partnership Program.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR-71 contingency reconnaissance force.

                   Subtitle B--Depot-Level Activities

Sec. 311. Extension of authority for aviation depots and naval shipyards 
                    to engage in defense-related production and 
                    services.
Sec. 312. Test programs for modernization-through-spares.

                  Subtitle C--Environmental Provisions

Sec. 321. Defense contractors covered by requirement for reports on 
                    contractor reimbursement costs for response actions.
Sec. 322. Establishment of separate environmental restoration accounts 
                    for each military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for defense 
                    environmental restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air 
                    emissions during shipyard blasting and coating 
                    operations.
Sec. 327. Agreements for services of other agencies in support of 
                    environmental technology certification.
Sec. 328. Repeal of redundant notification and consultation requirements 
                    regarding remedial investigations and feasibility 
                    studies at certain installations to be closed under 
                    the base closure laws.
Sec. 329. Authority for agreements with Indian tribes for services under 
                    environmental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on 
                    National Priorities List.
Sec. 331. Clarification of meaning of uncontaminated property for 
                    purposes of transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before 
                    completion of required response actions.

   Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities

Sec. 341. Contracts with other agencies to provide or obtain goods and 
                    services to promote efficient operation and 
                    management of exchanges and morale, welfare, and 
                    recreation activities.
Sec. 342. Noncompetitive procurement of brand-name commercial items for 
                    resale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.

     Subtitle E--Performance of Functions by Private-Sector Sources

Sec. 351. Extension of requirement for competitive procurement of 
                    printing and 
                    duplication services.
Sec. 352. Reporting requirements under demonstration project for 
                    purchase of fire, security, police, public works, 
                    and utility services from local government agencies.

                        Subtitle F--Other Matters

Sec. 361. Authority for use of appropriated funds for recruiting 
                    functions.
Sec. 362. Training of members of the uniformed services at non-
                    Government facilities.
Sec. 363. Requirement for preparation of plan for improved operation of 
                    working-capital funds and effect of failure to 
                    produce an approved plan.

[[Page 110 STAT. 2425]]

Sec. 364. Increase in capital asset threshold under Defense Business 
                    Operations Fund.
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the 
                    President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in 
                    National 
                    Capital Region.
Sec. 370. Administration of midshipmen's store and other naval academy 
                    support activities as nonappropriated fund 
                    instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian 
                    students at Foreign Language Institute of the 
                    Defense Language Institute.
Sec. 372. Assistance to local educational agencies that benefit 
                    dependents of members of the Armed Forces and 
                    Department of Defense civilian employees.
Sec. 373. Renovation of building for Defense Finance and Accounting 
                    Service 
                    Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services at 
                    Lincoln Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional 
                    contingencies.
Sec. 403. Authorized strengths for commissioned officers on active duty 
                    in grades of major, lieutenant colonel, and colonel 
                    and Navy grades of lieutenant commander, commander, 

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