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104th Congress HOUSE OF REPRESENTATIVES Report
2d Session 104-724
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
----------
CONFERENCE REPORT
to accompany
H.R. 3230
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
July 30, 1996.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
104th Congress HOUSE OF REPRESENTATIVES Report
2d Session 104-724
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 1997
__________
CONFERENCE REPORT
to accompany
H.R. 3230
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
July 30, 1996.--Ordered to be printed
C O N T E N T S
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Page
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS............... 470
Title I--Procurement........................................... 470
Funding Explanations......................................... 471
Items of Special Interest.................................... 568
Legislative Provisions Adopted............................... 569
Subtitle A--Authorization of Appropriations.............. 569
Subtitle B--Army Programs................................ 572
Subtitle C--Navy Programs................................ 573
Subtitle D--Air Force Programs........................... 577
Subtitle E--Other Matters................................ 578
Legislative Provisions Not Adopted........................... 579
Title II--Research, Development, Test, and Evaluation.......... 580
Funding Explanations......................................... 581
Items of Special Interest.................................... 661
Legislative Provisions Adopted............................... 667
Subtitle A--Authorization of Appropriations.............. 667
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 669
Subtitle C--Ballistic Missile Defense Programs........... 678
Subtitle D--Other Matters................................ 680
Subtitle E--National Oceanographic Partnership Program... 682
Legislative Provisions Not Adopted........................... 683
Title III--Operation and Maintenance........................... 690
Funding Explanations......................................... 691
Items of Special Interest.................................... 718
Legislative Provisions Adopted............................... 720
Subtitle A--Authorization of Appropriations.............. 720
Subtitle B--Depot-Level Activities....................... 721
Subtitle C--Environmental Provisions..................... 721
Subtitle D--Commissaries and Nonappropriated Fund........ 727
Subtitle E--Performance of Functions by Private-Sector
Sources................................................ 728
Subtitle F--Other Matters................................ 728
Legislative Provisions Not Adopted........................... 732
Title IV--Military Personnel Authorizations.................... 735
Items of Special Interest.................................... 735
Legislative Provisions Adopted............................... 736
Subtitle A--Active Forces................................ 736
Subtitle B--Reserve Forces............................... 737
Title V--Military Personnel Policy............................. 739
Items of Special Interest.................................... 739
Legislative Provisions Adopted............................... 740
Subtitle A--Officer Personnel Policy..................... 740
Subtitle B--Enlisted Personnel Policy.................... 742
Subtitle C--Activation and Recall........................ 743
Subtitle D--Reserve Component Retirement................. 743
Subtitle E--Other Reserve Component Matters.............. 744
Subtitle F--Officer Education Programs................... 746
Subtitle G--Decorations and Awards....................... 748
Subtitle H--Other Matters................................ 748
Subtitle I--Commissioned Corps of the Public Health
Service................................................ 750
Legislative Provisions Not Adopted........................... 751
Title VI--Compensation and Other Personnel Benefits............ 752
Legislative Provisions Adopted............................... 752
Subtitle A--Pay and Allowances........................... 752
Subtitle B--Bonuses and Special and Incentive Pays....... 754
Subtitle C--Travel and Transportation Allowances......... 755
Subtitle D--Retired Pay, Survivor Benefits, and Related
Matters................................................ 756
Subtitle E--Other Matters................................ 758
Legislative Provisions Not Adopted........................... 759
Title VII--Health Care Provisions.............................. 760
Items of Special Interest.................................... 760
Legislative Provisions Adopted............................... 760
Subtitle A--Health Care Services......................... 760
Subtitle B--TRICARE Program.............................. 762
Subtitle C--Uniformed Services Treatment Facilities...... 763
Subtitle D--Other Changes to Existing Laws Regarding
Health Care Management................................. 764
Subtitle E--Other Matters................................ 765
Legislative Provisions Not Adopted........................... 767
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 768
Legislative Provisions Adopted............................... 768
Subtitle A--Acquisition Management....................... 768
Subtitle B--Other Matters................................ 771
Legislative Provisions Not Adopted........................... 775
Title IX--Department of Defense Organizaiton and Management.... 776
Legislative Provisions Adopted............................... 776
Subtitle A--General Matters.............................. 776
Subtitle B--Force Structure Review....................... 779
Title X--General Provisions.................................... 781
Legislative Provisions Adopted............................... 781
Subtitle A--Financial Matters............................ 781
Subtitle B--Naval Vessels and Shipyards.................. 783
Subtitle C--Counter-Drug Activities...................... 785
Subtitle D--Reports and Studies.......................... 788
Subtitle E--Management of Armed Forces Retirement Home... 790
Subtitle F--Other Matters................................ 791
Legislative Provisions Not Adopted........................... 798
Title XI--National Imagery and Mapping Agency.................. 802
Legislative Provisions Adopted............................... 804
Subtitle A--Establishment of Agency...................... 804
Subtitle B--Reserve Component Accessibility.............. 806
Subtitle C--Reserve Forces Sustainment................... 806
Title XIII--Arms Control and Related Matters................... 808
Items of Special Interest.................................... 808
Legislative Provisions Adopted............................... 810
Subtitle A--Arms Control, Counterproliferations
Activities, and Related Matters........................ 810
Subtitle B--Commission to Assess the Ballistic Missile
Threat to the United States............................ 815
Legislative Provisions Not Adopted........................... 816
Title XIV--Defense Against Weapons of Mass Destruction......... 816
Title XV--Cooperative Threat Reduction with States of Former
Soviet Union................................................... 821
Title XVI--Department of Defense Civilian Personnel............ 821
Legislative Provisions Adopted............................... 821
Subtitle A--Miscellaneous Matters Relating to Personnel
Management, Pay, and Allowances........................ 821
Subtitle B--Department of Defense Intelligence Personnel
Policy................................................. 825
Legislative Provisions Adopted............................... 825
Title XVII--Federal Employee Travel Reform..................... 826
Title XVIII--Federal Charter for the Fleet Reserve Association. 827
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS............... 827
Title XXI--Army................................................ 857
Items of Special Interest.................................... 857
Legislative Provisions Adopted............................... 857
Legislative Provisions Not Adopted........................... 857
Title XXII--Navy............................................... 858
Items of Special Interest.................................... 858
Legislative Provisions Adopted............................... 858
Legislative Provisions Not Adopted........................... 858
Title XXIII--Air Force......................................... 859
Items of Special Interest.................................... 859
Legislative Provisions Adopted............................... 859
Title XXIV--Defense Agencies................................... 859
Legislative Provisions Adopted............................... 860
Title XXV--North Atlantic Treaty Organization Security
Investment Program............................................. 860
Title XXVI--Guard and Reserve Forces Facilities................ 860
Legislative Provisions Adopted............................... 860
Legislative Provisions Not Adopted........................... 861
Title XXVII--Expiration and Extension of Authorizations........ 861
Legislative Provisions Adopted............................... 861
Legislative Provisions Not Adopted........................... 862
Title XXVIII--General Provisions............................... 862
Legislative Provisions Adopted............................... 862
Subtitle A--Military Construction Program and Military
Family................................................. 862
Subtitle B--Defense Base Closure and Realignment......... 863
Subtitle C--Land Conveyances............................. 865
Part I--Army Conveyances............................. 865
Part II--Navy Conveyances............................ 867
Part III--Air Force Conveyances...................... 869
Part IV--Other Conveyances........................... 870
Subtitle D--Other Matters................................ 871
Legislative Provisions Not Adopted........................... 873
Title XXIX--Military Land Withdrawals.......................... 873
Legislative Provisions Adopted............................... 874
Subtitle A--For Carson--Pinon Canyon Military Lands
Withdrawal............................................. 874
Subtitle B--El Centro Naval Air Facility Ranges
Withdrawal............................................. 875
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS........................ 876
Title XXXI--Department of Energy National Security Programs.... 876
Legislative Provisions Adopted............................... 892
Subtitle A--National Security Programs Authorizations.... 892
Subtitle B--Recurring General Provisions................. 898
Subtitle C--Program Authorizations, Restrictions, and
Limitations............................................ 900
Subtitle D--Other Maters................................. 909
Subtitle E--Defense Nuclear Environmental Cleanup and
Management............................................. 913
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal
Act Amendments......................................... 914
Legislative Provisions Not Adopted........................... 915
Title XXXII--Defense Nuclear Facilities Safety Board........... 916
Legislative Provisions Adopted............................... 916
Title XXXIII--National Defense Stockpile....................... 916
Legislative Provisions Adopted............................... 916
Subtitle A--Authorization of Disposals and Use of Funds.. 916
Subtitle B--Programmatic Change.......................... 917
Legislative Provisions Not Adopted........................... 917
Title XXXIV--Naval Petroleum Reserves.......................... 918
Legislative Provisions Adopted............................... 918
Title XXXV--Panama Canal Commission............................ 918
Legislative Provisions Adopted............................... 918
104th Congress HOUSE OF REPRESENTATIVES Report
2d Session 104-724
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
_______
July 30, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Spence, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3230]
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate to the bill
(H.R. 3230) 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,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
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.
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.
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.
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, and captain.
Sec. 404. Extension of requirement for recommendations regarding
appointments to joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active
duty in the Marine Corps.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to
serve in Selective Service System.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Grade of Chief of Naval Research.
Sec. 502. Chief and assistant chief of Army Nurse Corps and Air Force
Nurse Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with
critical skills.
Sec. 504. Time for award of degrees by unaccredited educational
institutions for graduates to be considered educationally
qualified for appointment as Reserve officers in grade O-3.
Sec. 505. Exception to baccalaureate degree requirement for appointment
in the Naval Reserve in grades above O-2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
Sec. 508. Continuation on active status for certain Reserve officers of
the Air Force.
Sec. 509. Reports on response to recommendations concerning improvements
to Department of Defense joint manpower process.
Sec. 510. Frequency of reports to Congress on joint officer management
policies.
Subtitle B--Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10
years of service.
Sec. 512. Authority to extend period for entry on active duty under the
delayed entry program.
Subtitle C--Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of members
of National Guard called into Federal service.
Subtitle D--Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training
creditable toward reserve retirement.
Sec. 532. Retirement of reserve enlisted members who qualify for active
duty retirement after administrative reduction in enlisted
grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement
sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E--Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the
Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Sec. 543. Reserve credit for participation in Health Professions
Scholarship and Financial Assistance Program.
Sec. 544. Amendments to Reserve Officer Personnel Management Act
provisions.
Sec. 545. Report on number of advisers in active component support of
Reserves pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights for
mobilized reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance
Program.
Subtitle F--Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or
termination of senior ROTC units pending report on ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include
graduate students.
Sec. 554. Demonstration project for instruction and support of Army ROTC
units by members of the Army Reserve and National Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers' Training Corps and
the service academies.
Sec. 556. Expansion of eligibility for education benefits to include
certain Reserve Officers' Training Corps (ROTC) participants.
Sec. 557. Comptroller General report on cost and policy implications of
permitting up to five percent of service academy graduates to
be assigned directly to Reserve duty upon graduation.
Subtitle G--Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African
American soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations to
specified persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H--Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for
educational or emergency purposes.
Sec. 573. Clarification of authority of a reserve judge advocate to act
as a military notary public when not in a duty status.
Sec. 574. Panel on jurisdiction of courts-martial for the National Guard
when not in Federal service.
Sec. 575. Authority to expand law enforcement placement program to
include firefighters.
Sec. 576. Improvements to program to assist separated military and
civilian personnel to obtain employment as teachers or
teachers' aides.
Sec. 577. Retirement at grade to which selected for promotion when a
physical disability is found at any physical examination.
Sec. 578. Revisions to missing persons authorities.
Subtitle I--Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on
crediting cadet or midshipmen service at the service
academies.
Sec. 582. Exception to strength limitations for Public Health Service
officers assigned to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health Service
officers.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain
members without dependents who serve on sea duty.
Sec. 605. Uniform applicability of discretion to deny an election not to
occupy Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military
orders from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses,
and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other
bonuses and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service and
National Oceanic and Atmospheric Administration officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at
Government expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 623. Allowance for travel performed in connection with leave
between consecutive overseas tours.
Sec. 624. Funding for transportation of household effects of Public
Health Service officers.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustment
for fiscal year 1998.
Sec. 632. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 633. Suspension of payment of retired pay of members who are absent
from the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be
effective concurrently with payment of retired pay cost-of-
living increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of
retired pay to enhance civil service retirement annuity.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer
pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions
through private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes from
certain separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted National Guard
technicians.
Sec. 655. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who did
not previously receive compensation as a prisoner of war.
Sec. 657. Payments to certain persons captured and interned by North
Vietnam.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Preventive health care screening for colon and prostate
cancer.
Sec. 702. Implementation of requirement for Selected Reserve dental
insurance plan.
Sec. 703. Dental insurance plan for military retirees and unremarried
surviving spouses and certain other dependents of military
retirees.
Sec. 704. Plan for health care coverage for children with medical
conditions caused by parental exposure to chemical munitions
while serving as members of the Armed Forces.
Subtitle B--TRICARE Program
Sec. 711. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 712. Improved information exchange between military treatment
facilities and TRICARE program contractors.
Sec. 713. Plans for medicare subvention demonstration programs.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services health
care delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain clinical
trials.
Sec. 732. Exception to maximum allowable payments to individual health-
care providers under CHAMPUS.
Sec. 733. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
Sec. 734. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 735. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Subtitle E--Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed
Forces Health Professions Scholarship and Financial Assistance
program and Uniformed Services University of the Health
Sciences.
Sec. 742. External peer review for defense health program extramural
medical research involving human subjects.
Sec. 743. Independent research regarding Gulf War syndrome.
Sec. 744. Comptroller General review of health care activities of
Department of Defense relating to Gulf War illnesses.
Sec. 745. Report regarding specialized treatment facility program.
Sec. 746. Study of means of ensuring uniformity in provision of medical
and dental care for members of reserve components.
Sec. 747. Sense of Congress regarding tax treatment of Armed Forces
Health Professions Scholarship and Financial Assistance
program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 804. Modification of authority to carry out certain prototype
projects.
Sec. 805. Increase in threshold amounts for major systems.
Sec. 806. Revisions in information required to be included in selected
acquisition reports.
Sec. 807. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
Sec. 808. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 809. Excessive compensation of certain contractor personnel.
Sec. 810. Exception to prohibition on procurement of foreign goods.
Subtitle B--Other Matters
Sec. 821. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 822. Amendments relating to reports on procurement regulatory
activity.
Sec. 823. Amendment of multiyear limitation on contracts for inspection,
maintenance, and repair.
Sec. 824. Streamlined notice requirements to contractors and employees
regarding termination or substantial reduction in contracts
under major defense programs.
Sec. 825. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
Sec. 826. Study of effectiveness of defense mergers.
Sec. 827. Annual report relating to Buy American Act.
Sec. 828. Foreign environmental technology.
Sec. 829. Assessment of national defense technology and industrial base
and dependency of base on supplies available only from foreign
countries.
Sec. 830. Expansion of report on implementation of automated information
systems to include additional matters regarding information
resources management.
Sec. 831. Year 2000 software conversion.
Sec. 832. Procurement from firms in industrial base for production of
small arms.
Sec. 833. Cable television franchise agreements.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Repeal of previously enacted reduction in number of statutory
positions in Office of the Secretary of Defense.
Sec. 902. Additional required reduction in defense acquisition
workforce.
Sec. 903. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 904. Report on military department headquarters staffs.
Sec. 905. Matters to be considered in next assessment of current
missions, responsibilities, and force structure of the unified
combatant commands.
Sec. 906. Transfer of authority to control transportation systems in
time of war.
Sec. 907. Codification of requirements relating to continued operation
of the Uniformed Services University of the Health Sciences.
Sec. 908. Joint Requirements Oversight Council.
Sec. 909. Membership of the Ammunition Storage Board.
Sec. 910. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 911. Composition of aircraft accident investigation boards.
Sec. 912. Mission of the White House Communications Agency.
Subtitle B--Force Structure Review
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Quadrennial Defense Review.
Sec. 924. National Defense Panel.
Sec. 925. Postponement of deadlines.
Sec. 926. Definitions.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air
Force ammunition accounts.
Sec. 1006. Format for annual budget requests for Defense Airborne
Reconnaissance Program.
Sec. 1007. Limitation on use of Department of Defense funds transferred
to the Coast Guard.
Sec. 1008. Fisher House Trust Fund for the Department of the Navy.
Sec. 1009. Designation and liability of disbursing and certifying
officials for the Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against
deceased members of the Coast Guard.
Sec. 1011. Department of Defense disbursing official check cashing and
exchange transactions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Repeal of requirement for continuous applicability of
contracts for phased maintenance of AE class ships.
Sec. 1022. Funding for second and third maritime prepositioning ships
out of National Defense Sealift Fund.
Sec. 1023. Transfer of certain obsolete tugboats of the Navy.
Sec. 1024. Transfer of U.S.S. Drum to city of Vallejo, California.
Sec. 1025. Sense of Congress concerning USS LCS 102 (LSSL 102).
Subtitle C--Counter-Drug Activities
Sec. 1031. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1032. Availability of funds for certain drug interdiction and
counter-drug activities.
Sec. 1033. Transfer of excess personal property to support law
enforcement activities.
Sec. 1034. Sale by Federal departments or agencies of chemicals used to
manufacture controlled substances.
Subtitle D--Reports and Studies
Sec. 1041. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
Sec. 1042. Annual report on emerging operational concepts.
Sec. 1043. Report on Department of Defense military child care programs.
Sec. 1044. Report on Department of Defense military youth programs.
Sec. 1045. Quarterly reports regarding coproduction agreements.
Sec. 1046. Report on witness interview procedures for Department of
Defense criminal investigations.
Sec. 1047. Report on military readiness requirements of the Armed
Forces.
Sec. 1048. Report on NATO enlargement.
Subtitle E--Management of Armed Forces Retirement Home
Sec. 1051. Retirement Home Boards of Directors.
Sec. 1052. Acceptance of uncompensated services.
Sec. 1053. Disposal of tract of real property in the District of
Columbia.
Subtitle F--Other Matters
Sec. 1061. Policy on protection of national information infrastructure
against strategic attack.
Sec. 1062. Information systems security program.
Sec. 1063. Authority to accept services from foreign governments and
international organizations for defense purposes.
Sec. 1064. Prohibition on collection and release of detailed satellite
imagery relating to Israel.
Sec. 1065. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1066. Authority to award to civilian participants in the defense of
Pearl Harbor the Congressional Medal previously authorized
only for military participants in the defense of Pearl Harbor.
Sec. 1067. Assimilative crimes authority for traffic offenses on
military installations.
Sec. 1068. Uniform Code of Military Justice amendments.
Sec. 1069. Punishment of interstate stalking.
Sec. 1070. Participation of members, dependents, and other persons in
crime prevention efforts at installations.
Sec. 1071. Display of State flags at installations and facilities of the
Department of Defense.
Sec. 1072. Treatment of excess operational support airlift aircraft.
Sec. 1073. Correction to statutory references to certain Department of
Defense organizations.
Sec. 1074. Technical and clerical amendments.
Sec. 1075. Modification to third-party liability to United States for
tortious infliction of injury or disease on members of the
uniformed services.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Sec. 1077. Exemption from requirements applicable to savings
associations for certain savings institutions serving military
personnel.
Sec. 1078. Improvements to National Security Education Program.
Sec. 1079. Aviation and vessel war risk insurance.
Sec. 1080. Designation of memorial as National D-Day Memorial.
Sec. 1081. Sense of Congress regarding semiconductor trade agreement
between United States and Japan.
Sec. 1082. Agreements for exchange of defense personnel between the
United States and foreign countries.
Sec. 1083. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1084. Defense burdensharing.
TITLE XI--NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence officials.
Subtitle A--Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act
of 1947.
Sec. 1115. Creditable civilian service for career conditional employees
of the Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B--Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
TITLE XII--RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A--Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and reserve general and flag officer
authorizations.
Sec. 1214. Guard and reserve technicians.
Subtitle B--Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and
reserve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of
members of reserve components.
Sec. 1233. Report to Congress concerning income insurance program for
activated reservists.
Sec. 1234. Report to Congress concerning small business loans for
members released from reserve service during contingency
operations.
Subtitle C--Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 1252. Authority to pay transient housing charges for members
performing active duty for training.
Sec. 1253. Sense of Congress concerning quarters allowance during
service on active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve
components in future-years defense programs.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Strengthening certain sanctions against nuclear proliferation
activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian
and civic assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. Presidential report regarding weapons proliferation and
policies of the People's Republic of China.
Sec. 1307. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to
improve security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat Reduction programs on elimination or transportation of
nuclear weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
TITLE XVI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Miscellaneous Matters Relating to Personnel Management, Pay,
and Allowances
Sec. 1601. Modification of requirement for conversion of military
positions to civilian positions.
Sec. 1602. Retention of civilian employee positions at military training
bases transferred to National Guard.
Sec. 1603. Clarification of applicability of certain management
constraints on major range and test facility base structure.
Sec. 1604. Travel expenses and health care for civilian employees of the
Department of Defense abroad.
Sec. 1605. Travel, transportation, and relocation allowances for certain
former nonappropriated fund employees.
Sec. 1606. Employment and salary practices applicable to Department of
Defense overseas teachers.
Sec. 1607. Employment and compensation of civilian faculty members at
certain Department of Defense schools.
Sec. 1608. Reimbursement of Department of Defense domestic dependent
school board members for certain expenses.
Sec. 1609. Modification of authority for civilian employees of
Department of Defense to participate voluntarily in reductions
in force.
Sec. 1610. Wage-board compensatory time off.
Sec. 1611. Liquidation of restored annual leave that remains unused upon
transfer of employee from installation being closed or
realigned.
Sec. 1612. Waiver of requirement for repayment of Voluntary Separation
Incentive pay by former Department of Defense employees
reemployed by the Government without pay.
Sec. 1613. Simplification of rules relating to the observance of certain
holidays.
Sec. 1614. Revision of certain travel management authorities.
Sec. 1615. Failure to comply with veterans' preference requirements to
be treated as a prohibited personnel practice.
Sec. 1616. Pilot programs for defense employees converted to contractor
employees due to privatization at closed military
installations.
Subtitle B--Department of Defense Intelligence Personnel Policy
Sec. 1631. Short title.
Sec. 1632. Management of civilian intelligence personnel.
Sec. 1633. Repeal of superseded sections and clerical and conforming
amendments.
Sec. 1634. Other personnel management authorities.
Sec. 1635. Effective date.
TITLE XVII--FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1701. Short title.
Subtitle A--Relocation Benefits
Sec. 1711. Allowance for seeking permanent residence quarters.
Sec. 1712. Temporary quarters subsistence expenses allowance.
Sec. 1713. Modification of residence transaction expenses allowance.
Sec. 1714. Authority to pay for property management services.
Sec. 1715. Authority to transport a privately owned motor vehicle within
the continental United States.
Sec. 1716. Authority to pay limited relocation allowances to an employee
who is performing an extended assignment.
Sec. 1717. Authority to pay a home marketing incentive.
Sec. 1718. Revision and reenactment of additional provisions relating to
relocation expenses.
Subtitle B--Miscellaneous Provisions
Sec. 1721. Repeal of the long-distance telephone call certification
requirement.
Sec. 1722. Transfer of authority to prescribe regulations.
Sec. 1723. Conforming and clerical amendments.
Sec. 1724. Assessment of cost savings.
Sec. 1725. Effective date and issuance of regulations.
TITLE XVIII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION
Sec. 1801. Recognition and grant of Federal charter.
Sec. 1802. Powers.
Sec. 1803. Purposes.
Sec. 1804. Service of process.
Sec. 1805. Membership.
Sec. 1806. Board of directors.
Sec. 1807. Officers.
Sec. 1808. Restrictions.
Sec. 1809. Liability.
Sec. 1810. Maintenance and inspection of books and records.
Sec. 1811. Audit of financial transactions.
Sec. 1812. Annual report.
Sec. 1813. Reservation of right to alter, amend, or repeal charter.
Sec. 1814. Tax-exempt status required as condition of charter.
Sec. 1815. Termination.
Sec. 1816. Definition of State.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Land acquisition, National Ground Intelligence Center,
Charlottesville, Virginia.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island,
California.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Elimination of authority to carry out fiscal year 1995
project, Spangdahlem Air Force Base, Germany.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
Sec. 2407. Reduction in amounts authorized to be appropriated for fiscal
year 1996 Defense Agencies military construction, land
acquisition, and military family housing functions.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization and funding for construction and improvement of
Naval Reserve Centers.
Sec. 2603. Upgrade Air National Guard facilities, Bangor International
Airport, Maine.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2705. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain thresholds for unspecified minor
construction projects.
Sec. 2802. Redesignation of North Atlantic Treaty Organization
Infrastructure program.
Sec. 2803. Improvements to family housing units.
Sec. 2804. Availability of funds for planning, execution, and
administration of contracts for family housing and
unaccompanied housing.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment
transfers under 1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on
closed installations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification
assistance is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in
connection with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of
Mississippi Army Ammunition Plant.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington,
Virginia.
Sec. 2822. Land transfer, Fort Sill, Oklahoma.
Sec. 2823. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2824. Land conveyance, Army Reserve Center, Anderson, South
Carolina.
Sec. 2825. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2826. Land conveyance, Crafts Brothers Reserve Training Center,
Manchester, New Hampshire.
Sec. 2827. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2828. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Part II--Navy Conveyances
Sec. 2831. Land transfer, Potomac Annex, District of Columbia.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard,
Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, Calverton, New York.
Sec. 2834. Land conveyance, former naval reserve facility, Lewes,
Delaware.
Sec. 2835. Modification of land conveyance authority, Naval Reserve
Center, Seattle, Washington.
Sec. 2836. Release of condition on reconveyance of transferred land,
Guam.
Sec. 2837. Lease to facilitate construction of reserve center, Naval Air
Station, Meridian, Mississippi.
Part III--Air Force Conveyances
Sec. 2841. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South Dakota.
Sec. 2842. Conveyance of primate research complex and Air Force-owned
chimpanzees, Holloman Air Force Base, New Mexico.
Part IV--Other Conveyances
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Sec. 2853. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2854. Modification of boundaries of White Sands National Monument
and White Sands Missile Range.
Subtitle D--Other Matters
Sec. 2861. Authority to grant easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the
management of cultural resources on military installations.
Sec. 2863. Demonstration project for installation and operation of
electric power distribution system at Youngstown Air Reserve
Station, Ohio.
Sec. 2864. Renovation of the Pentagon reservation.
Sec. 2865. Plan for repairs and stabilization of the historic district
at the Forest Glen Annex of Walter Reed Medical Center,
Maryland.
Sec. 2866. Naming of range at Camp Shelby, Mississippi.
Sec. 2867. Designation of Michael O'Callaghan military hospital.
Sec. 2868. Naming of building at the Uniformed Services University of
the Health Sciences.
TITLE XXIX--MILITARY LAND WITHDRAWALS
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military
Reservation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver
Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of
contamination.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Defense fixed asset acquisition/privatization.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Tritium production.
Sec. 3134. Modernization and consolidation of tritium recycling
facilities.
Sec. 3135. Production of high explosives.
Sec. 3136. Limitation on use of funds for certain research and
development purposes.
Sec. 3137. Prohibition on funding nuclear weapons activities with
People's Republic of China.
Sec. 3138. International cooperative stockpile stewardship programs.
Sec. 3139. Temporary authority relating to transfers of defense
environmental management funds.
Sec. 3140. Management structure for nuclear weapons production
facilities and nuclear weapons laboratories.
Sec. 3141. Accelerated schedule for isolating high-level nuclear waste
at the defense waste processing facility, Savannah River Site.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Projects to accelerate closure activities at defense nuclear
facilities.
Sec. 3144. Payment of costs of operation and maintenance of
infrastructure at Nevada Test Site.
Subtitle D--Other Matters
Sec. 3151. Report on plutonium pit production and remanufacturing plans.
Sec. 3152. Amendments relating to baseline environmental management
reports.
Sec. 3153. Requirement to develop future use plans for environmental
management program.
Sec. 3154. Report on Department of Energy liability at Department
superfund sites.
Sec. 3155. Requirement for annual five-year budget for the national
security programs of the Department of Energy.
Sec. 3156. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1997.
Sec. 3157. Repeal of requirement relating to accounting procedures for
Department of Energy funds.
Sec. 3158. Update of report on nuclear test readiness postures.
Sec. 3159. Reports on critical difficulties at nuclear weapons
laboratories and nuclear weapons production plants.
Sec. 3160. Extension of applicability of notice-and-wait requirement
regarding proposed cooperation agreements.
Sec. 3161. Sense of Senate relating to redesignation of defense
environmental restoration and waste management program.
Sec. 3162. Commission on maintaining United States nuclear weapons
expertise.
Sec. 3163. Sense of Congress regarding reliability and safety of
remaining nuclear forces.
Sec. 3164. Study on worker protection at the Mound facility.
Sec. 3165. Fiscal year 1998 funding for Greenville Road Improvement
Project, Livermore, California.
Sec. 3166. Fellowship program for development of skills critical to
Department of Energy nuclear weapons complex.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
Sec. 3171. Purpose.
Sec. 3172. Applicability.
Sec. 3173. Site manager.
Sec. 3174. Department of Energy orders.
Sec. 3175. Deployment of technology for remediation of defense nuclear
waste.
Sec. 3176. Performance-based contracting.
Sec. 3177. Designation of covered facilities as environmental cleanup
demonstration areas.
Sec. 3178. Definitions.
Sec. 3179. Termination.
Sec. 3180. Report.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments
Sec. 3181. Short title.
Sec. 3182. Definitions.
Sec. 3183. Management plan.
Sec. 3184. Repeal of test phase and retrieval plans.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Sense of Congress on commencement of emplacement of
transuranic waste.
Sec. 3190. Decommissioning of WIPP.
Sec. 3191. Authorizations for economic assistance and miscellaneous
payments.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of certain materials in National Defense Stockpile.
Subtitle B--Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1997.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application of
Canal Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention
remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed
employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption from Metric Conversion Act of 1975.
Sec. 3548. Conforming and clerical amendments.
Sec. 3549. Repeal of Panama Canal Code.
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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
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.
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.
Subtitle A--Authorization of Appropriations
SEC. 142. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS
AND MUNITIONS.
Section 152 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 214; 50 U.S.C.
1521 note) is amended by adding at the end the following new
subsections:
``(e) Assessment of Alternative Technologies for
Demilitarization of Assembled Chemical Munitions.--(1) In
addition to the assessment required by subsection (c), the
Secretary of Defense shall conduct an assessment of the
chemical demilitarization program for destruction of assembled
chemical munitions and of the alternative demilitarization
technologies and processes (other than incineration) that could
be used for the destruction of the lethal chemical agents that
are associated with these munitions, while ensuring maximum
protection for 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 and reduce the total cost of the chemical
agents and munitions destruction program. The assessment shall
be conducted without regard to any limitation that would
otherwise apply to the conduct of such assessment under any
provision of law.
``(2) The assessment shall be conducted in coordination
with the National Research Council.
``(3) Among the alternatives, the assessment shall include
a determination of the cost of incineration of the current
chemical munitions stockpile by building incinerators at each
existing facility compared to the proposed cost of dismantling
those same munitions, neutralizing them at each storage site
(other than Tooele Army Depot or Johnston Atoll), and
transporting the neutralized remains and all munitions parts to
a treatment, storage, and disposal facility within the United
States that has the necessary environmental permits to
undertake incineration of the material.
``(4) Based on the results of the assessment, the Secretary
shall develop appropriate recommendations for revision of the
chemical demilitarization program.
``(5) Not later than December 31, 1997, the Secretary of
Defense shall submit to Congress a report on the assessment
conducted in accordance with paragraph (1) and any
recommendations for revision of the chemical demilitarization
program, including the continued development of alternative
demilitarization technologies and processes other than
incineration that could be used for the destruction of the
lethal chemical agents that are associated with these assembled
chemical munitions and the chemical munitions demilitarization
sites for which the selected technologies should be developed.
``(f) Pilot Program for Demilitarization of Chemical Agents
for Assembled Munitions.--(1) If the Secretary of Defense makes
a decision to continue the development of an alternative
demilitarization technology or process (other than
incineration) that could be used for the destruction of the
lethal chemical agents that are associated with assembled
chemical munitions, $25,000,000 shall be available from the
funds authorized to be appropriated in section 107 of the
National Defense Authorization Act for Fiscal Year 1997 for the
chemical agents and munitions destruction program, in order to
initiate a pilot program using the selected alternative
technology or process for the destruction of chemical agents
that are stored at these sites.
``(2) Not less than 30 days before using funds to initiate
the pilot program under paragraph (1), the Secretary shall
submit notice in writing to Congress of the Secretary's intent
to do so.
``(3) The pilot program shall be conducted at the selected
chemical agent and munitions stockpile storage site for which
the alternative technology or process is recommended.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 204. DEFENSE SPECIAL WEAPONS AGENCY.
There is hereby authorized to be appropriated for fiscal
year 1997 the amount of $314,313,000 for the Defense Special
Weapons Agency, of which--
(1) $7,900,000 is for procurement;
(2) $218,330,000 is for research, development,
test, and evaluation; and
(3) $88,083,000 is for operations and maintenance.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Funding.--Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are
authorized to be made available for space launch modernization
for purposes and in amounts as follows:
(1) For the Evolved Expendable Launch Vehicle
program, $44,457,000.
(2) For a competitive reusable launch vehicle
program (program element 63401F), $25,000,000.
(b) Limitations.--(1) Of the funds made available for the
reusable launch vehicle program pursuant to subsection (a)(2),
the total amount obligated for such purpose may not exceed the
total amount allocated in the fiscal year 1997 current
operating plan of the National Aeronautics and Space
Administration for the Reusable Space Launch program of the
National Aeronautics and Space Administration.
(2) Of the funds made available for the Evolved Expendable
Launch Vehicle program pursuant to subsection (a)(1), the total
amount obligated for such purpose may not exceed $20,000,000
until the Secretary of Defense certifies to Congress that the
Secretary has made available for obligation the funds, if any,
that are made available for the reusable launch vehicle program
pursuant to subsection (a)(2).
(c) Coordination of Engine Testing.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense and the Administrator of the National Aeronautics and
Space Administration shall submit to Congress a joint plan for
coordinating and eliminating unnecessary duplication in the
operations and planned improvements of rocket engine and rocket
engine component test facilities managed by the Department of
the Air Force and the National Aeronautics and Space
Administration. The plan shall provide, to the extent
practical, for the development of commonly funded and commonly
operated facilities.
SEC. 212. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) Funding.--Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are
authorized to be made available for the Space-Based Infrared
System program for purposes and in amounts as follows:
(1) For Space Segment High, $173,290,000.
(2) For Space Segment Low (the Space and Missile
Tracking System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) Limitation.--Not more than $100,000,000 of the funds
authorized to be made available under subsection (a)(1) may be
obligated or expended until the Secretary of Defense certifies
to Congress that the Secretary has made available the funds
authorized to be made available under subsection (a)(2) for the
purpose of accelerating the deployment of the Space Segment Low
(the Space and Missile Tracking System).
(c) Program Management.--Before the submission of the
President's budget for fiscal year 1998, the Secretary of
Defense shall conduct a review of the appropriate management
responsibilities for the Space and Missile Tracking System,
including whether transferring such management responsibility
from the Air Force to the Ballistic Missile Defense
Organization would result in improved program efficiencies and
support.
SEC. 213. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) Amount for Program.--Of the amount authorized to be
appropriated under section 201(3), $50,000,000 shall be
available for the Clementine 2 micro-satellite near-Earth
asteroid interception mission.
(b) Limitation.--Of the funds authorized to be appropriated
pursuant to this Act for the global positioning system (GPS)
Block II F Satellite system, not more than $25,000,000 may be
obligated until the Secretary of Defense certifies to Congress
that--
(1) funds appropriated for fiscal year 1996 for the
Clementine 2 Micro-Satellite development program have
been obligated in accordance with Public Law 104-106
and the Joint Explanatory Statement of the Committee of
Conference accompanying S. 1124 (House Report 104-450
(104th Congress, second session)); and
(2) the Secretary has made available for obligation
the funds appropriated for fiscal year 1997 for the
purpose specified in subsection (a).
SEC. 216. LIMITATION ON FUNDING FOR F-16 TACTICAL MANNED RECONNAISSANCE
AIRCRAFT.
(a) Limitation.--Effective on the date of the enactment of
this Act, not more than $50,000,000 (in fiscal year 1997
constant dollars) may be obligated or expended for--
(1) research, development, test, and evaluation
for, and acquisition and modification of, the F-16
tactical manned reconnaissance aircraft program; and
(2) costs associated with the termination of such
program.
(b) Exception.--The limitation in subsection (a) shall not
apply to obligations required for improvements planned before
the date of the enactment of this Act to incorporate the common
data link into the F-16 tactical manned reconnaissance
aircraft.
SEC. 221. UNMANNED AERIAL VEHICLES.
(a) Procurement Funding Request.--The funding request for
procurement for unmanned aerial vehicles for any fiscal year
shall be set forth under the funding requests for the military
departments in the budget of the Department of Defense.
(b) Transfer of Program Management.--Program management for
the Predator Unmanned Aerial Vehicle, and programmed funding
for such vehicle for fiscal years 1998, 1999, 2000, 2001, and
2002 (as set forth in the future-years defense program), shall
be transferred to the Department of the Air Force, effective
October 1, 1996, or the date of the enactment of this Act,
whichever is later.
(c) Prohibition on Providing Operating Capability from
Naval Vessels.--No funds authorized to be appropriated by this
Act may be obligated for purposes of providing the capability
of the Predator Unmanned Aerial Vehicle to operate from naval
vessels.
SEC. 222. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL RECONNAISSANCE
SYSTEM.
Any concepts for an improved Tier III Minus (High Altitude
Endurance Unmanned Aerial Reconnaissance) system, developed
using funds authorized to be appropriated under this title,
that would increase the unit flyaway cost for such system to an
amount greater than the unit flyaway cost established in either
of the original contracts for such system, may not be carried
out under the original contracts, but must instead be carried
out under another contract that is awarded using competitive
procedures.
SEC. 226. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Centers Covered.--Funds authorized to be appropriated
for the Department of Defense for fiscal year 1997 under
section 201 may be obligated to procure work from a federally
funded research and development center (in this section
referred to as an ``FFRDC'') only in the case of a center named
in the report required by subsection (b) and, in the case of
such a center, only in an amount not in excess of the amount of
the proposed funding level set forth for that center in such
report.
(b) Report on Allocations for Centers.--(1) Not later than
30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report containing--
(A) the name of each FFRDC from which work is
proposed to be procured for the Department of Defense
for fiscal year 1997;
(B) for each such center, the proposed funding
level and the estimated personnel level for fiscal year
1997; and
(C) for each such center, an unambiguous definition
of the unique core competencies required to be
maintained for fiscal year 1997.
(2) The total of the proposed funding levels set forth in
the report for all FFRDCs may not exceed the amount set forth
in subsection (d).
(c) Limitation Pending Submission of Report.--Not more than
15 percent of the funds authorized to be appropriated for the
Department of Defense for fiscal year 1997 for FFRDCs under
section 201 may be obligated to procure work from an FFRDC
until the Secretary of Defense submits the report required by
subsection (b).
(d) Funding.--(1) Subject to paragraph (2), of the amounts
authorized to be appropriated by section 201, not more than a
total of $1,214,650,000 may be obligated to procure services
from the FFRDCs named in the report required by subsection (b).
(2) The limitation in paragraph (1) does not apply to funds
obligated for the procurement of equipment for FFRDCs.
(e) Authority To Waive Funding Limitation.--The Secretary
of Defense may waive the limitation regarding the maximum
funding amount that applies under subsection (a) to an FFRDC.
Whenever the Secretary proposes to make such a waiver, the
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives notice of the proposed waiver and the
reasons for the waiver. The waiver may then be made only after
the end of the 60-day period that begins on the date on which
the notice is submitted to those committees, unless the
Secretary determines that it is essential to the national
security that funds be obligated for work at that center in
excess of that limitation before the end of such period and
notifies those committees of that determination and the reasons
for the determination.
SEC. 228. RESEARCH ACTIVITIES OF THE DEFENSE ADVANCED RESEARCH PROJECTS
AGENCY RELATING TO CHEMICAL AND BIOLOGICAL WARFARE
DEFENSE TECHNOLOGY.
(a) Authority.--Section 1701(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1853; 50 U.S.C. 1522) is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
and
(2) by adding at the end the following new
paragraph:
``(2) The Director of the Defense Advanced Research
Projects Agency may conduct a program of basic and applied
research and advanced technology development on chemical and
biological warfare defense technologies and systems. In
conducting such program, the Director shall seek to avoid
unnecessary duplication of the activities under the program
with chemical and biological warfare defense activities of the
military departments and defense agencies and shall coordinate
the activities under the program with those of the military
departments and defense agencies.''.
(b) Funding.--Section 1701(d) of such Act is amended--
(1) in paragraph (1), by striking out ``military
departments'' and inserting in lieu thereof
``Department of Defense'';
(2) in paragraph (2), by inserting after ``requests
for the program'' in the first sentence the following:
``(other than for activities under the program
conducted by the Defense Advanced Research Projects
Agency under subsection (c)(2))'';
(3) by redesignating paragraph (3) as paragraph
(4); and
(4) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The program conducted by the Defense Advanced
Research Projects Agency under subsection (c)(2) shall be set
forth as a separate program element in the budget of that
agency.''.
SEC. 229. CERTIFICATION OF CAPABILITY OF UNITED STATES TO PREVENT
ILLEGAL IMPORTATION OF NUCLEAR, BIOLOGICAL, AND
CHEMICAL WEAPONS.
Not later than 15 days after the date of the enactment of
this Act, the President shall submit to Congress a
certification in writing stating specifically whether or not
the United States has the capability (as of the date of the
certification) to prevent the illegal importation of nuclear,
biological, and chemical weapons into the United States and its
possessions.
SEC. 231. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to
the Department of Defense under section 201(4), $186,200,000
shall be available for the Counterproliferation Support
Program, of which $75,000,000 shall be available for a tactical
antisatellite technologies program.
(b) Additional Authority To Transfer Authorizations.--(1)
In addition to the transfer authority provided in section 1001,
upon determination by the Secretary of Defense that such action
is necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1997 to
counterproliferation programs, projects, and activities
identified as areas for progress by the Counterproliferation
Program Review Committee established by section 1605 of the
National Defense Authorization Act for Fiscal Year 1994 (22
U.S.C. 2751 note). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as
the authorization to which transferred.
(2) The total amount of authorizations transferred under
the authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(B) may not be used to provide authority for an
item that has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
(c) Limitation on Use of Funds for Technical Studies and
Analyses Pending Release of Funds.--(1) None of the funds
authorized to be appropriated to the Department of Defense for
fiscal year 1997 for program element 605104D, relating to
technical studies and analyses, may be obligated or expended
until the funds referred to in paragraph (2) have been released
to the program manager of the tactical anti-satellite
technology program for implementation of that program.
(2) The funds for release referred to in paragraph (1) are
as follows:
(A) Funds authorized to be appropriated by section
218(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 222)
that are available for the program referred to in
paragraph (1).
(B) Funds authorized to be appropriated to the
Department for fiscal year 1997 by this Act for the
Counterproliferation Support Program that are to be
made available for that program.
Subtitle C--Ballistic Missile Defense Programs
SEC. 241. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR FISCAL
YEAR 1997.
(a) Program Amounts.--Of the amount appropriated pursuant
to section 201(4), the following amounts may be obligated for
the following systems managed by the Ballistic Missile Defense
Organization:
(1) For the Theater High Altitude Area Defense
(THAAD) System, $621,798,000.
(2) For the Navy Upper Tier (Theater Wide) system,
$304,171,000.
(3) For the National Missile Defense System,
$858,437,000.
(4) For the Corps Surface-to-Air Missile (SAM)/
Medium Extended Air Defense System (MEADS) sytem,
$56,200,000.
(b) Limitation.--None of the funds appropriated or
otherwise made available for the Department of Defense pursuant
to this or any other Act may be obligated or expended by the
Office of the Under Secretary of Defense for Acquisition and
Technology for official representation activities, or related
activities, until the Secretary of Defense certifies to
Congress that--
(1) the Secretary has made available for obligation
the funds provided under subsection (a) for the
purposes specified in that subsection and in the
amounts appropriated pursuant to that subsection; and
(2) the Secretary has included the Navy Upper Tier
theater missile defense system in the theater missile
defense core program.
(c) Limitations.--Not more than $15,000,000 of the amount
available for the Corps SAM/MEADS program under subsection (a)
may be obligated until the Secretary of Defense submits to the
congressional defense committees the following:
(1) An initial program estimate for the Corps SAM/
MEADS program, including a tentative schedule of major
milestones and an estimate of the total program cost
through initial operational capability.
(2) A report on the options associated with the use
of existing systems, technologies, and program
management mechanisms to satisfy the requirement for
the Corps surface-to-air missile, including an
assessment of cost and schedule implications in
relation to the program estimate submitted under
paragraph (1).
(3) A certification that there will be no increase
in overall United States funding commitment to the
project definition and validation phase of the Corps
SAM/MEADS program as a result of the withdrawal of
France from participation in the program.
SEC. 242. CERTIFICATION OF CAPABILITY OF UNITED STATES TO DEFEND
AGAINST SINGLE BALLISTIC MISSILE.
Not later than 15 days after the date of the enactment of
this Act, the President shall submit to Congress a
certification in writing stating specifically whether or not
the United States has the military capability (as of the time
of the certification) to intercept and destroy a single
ballistic missile launched at the territory of the United
States.
SEC. 243. REPORT ON BALLISTIC MISSILE DEFENSE AND PROLIFERATION.
The Secretary of Defense shall submit to Congress a report
on ballistic missile defense and the proliferation of weapons
of mass destruction, including nuclear, chemical, and
biological weapons, and the missiles that can be used to
deliver them. The report shall be submitted not later than
December 31, 1996, and shall include the following:
(1) An assessment of how United States theater
missile defenses contribute to United States efforts to
prevent proliferation, including an evaluation of the
specific effect United States theater missile defense
systems can have on dissuading other states from
acquiring ballistic missiles.
(2) An assessment of how United States national
missile defenses contribute to United States efforts to
prevent proliferation.
(3) An assessment of the effect of the lack of
national missile defenses on the desire of other states
to acquire ballistic missiles and an evaluation of the
types of missiles other states might seek to acquire as
a result.
(4) A detailed review of the linkages between
missile defenses (both theater and national) and each
of the categories of counterproliferation activities
identified by the Secretary of Defense as part of the
Defense Counterproliferation Initiative announced by
the Secretary in December 1993.
(5) A description of how theater and national
ballistic missile defenses can augment the
effectiveness of other counterproliferation tools.
SEC. 244. REVISION TO ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE
PROGRAM.
Section 224(b) of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note) is
amended--
(1) by striking out paragraphs (3), (4), and (10);
(2) by redesignating paragraphs (5) and (6) as
paragraphs (3) and (4), respectively;
(3) by redesignating paragraph (7) as paragraph (5)
and in that paragraph by striking out ``of the Soviet
Union'' and ``for the Soviet Union'';
(4) by redesignating paragraph (8) as paragraph
(6); and
(5) by redesignating paragraph (9) as paragraph (7)
and in that paragraph--
(A) by striking out ``of the Soviet Union''
in subparagraph (A);
(B) by striking out subparagraphs (C)
through (F); and
(C) by redesignating subparagraph (G) as
subparagraph (C).
SEC. 245. REPORT ON AIR FORCE NATIONAL MISSILE DEFENSE PLAN.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on
the following matters regarding the National Missile Defense
Plan of the Air Force:
(1) The cost and operational effectiveness of a
system that could be developed pursuant to that plan.
(2) The arms control implications of such a system.
(3) The growth potential of such a system to meet
future threats.
(4) The recommendations of the Secretary for
improvements to that plan.
SEC. 246. CAPABILITY OF NATIONAL MISSILE DEFENSE SYSTEM.
The Secretary of Defense shall ensure that any National
Missile Defense system deployed by the United States is capable
of defeating the threat posed by the Taepo Dong II missile of
North Korea.
SEC. 247. ACTIONS TO LIMIT ADVERSE EFFECTS ON PRIVATE SECTOR EMPLOYMENT
OF ESTABLISHMENT OF NATIONAL MISSILE DEFENSE JOINT
PROGRAM OFFICE.
The Secretary of Defense shall take such actions as are
necessary in connection with the establishment of the National
Missile Defense Joint Program Office within the Ballistic
Missile Defense Organization to ensure that the establishment
of that office does not make it necessary for a Federal
Government contractor to reduce significantly the number of
persons employed by that contractor for supporting the national
missile defense development program at any particular location
outside the National Capital Region (as defined in section
2674(f)(2) of title 10, United States Code).
SEC. 248. ABM TREATY DEFINED.
For purposes of this subtitle, the term ``ABM Treaty''
means the Treaty Between the United States of America and the
Union of Soviet Socialist Republics on the Limitation of Anti-
Ballistic Missile Systems, and signed at Moscow on May 26,
1972, and includes the Protocols to that Treaty, signed at
Moscow on July 3, 1974.
TITLE III--OPERATION AND MAINTENANCE
SEC. 308. SR-71 CONTINGENCY RECONNAISSANCE FORCE.
Of the funds authorized to be appropriated by section
301(4), $30,000,000 is authorized to be made available for the
SR-71 contingency reconnaissance force.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle B--Force Structure Review
SEC. 921. SHORT TITLE.
This subtitle may be cited as the ``Military Force
Structure Review Act of 1996''.
SEC. 922. FINDINGS.
Congress makes the following findings:
(1) Since the collapse of the Soviet Union in 1991,
the United States has conducted two substantial
assessments of the force structure of the Armed Forces
necessary to meet United States defense requirements.
(2) The assessment by the Bush Administration
(known as the ``Base Force'' assessment) and the
assessment by the Clinton Administration (known as the
``Bottom-Up Review'') were intended to reassess the
force structure of the Armed Forces in light of the
changing realities of the post-Cold War world.
(3) Both assessments served an important purpose in
focusing attention on the need to reevaluate the
military posture of the United States, but the pace of
global change necessitates a new, comprehensive
assessment of the defense strategy of the United States
and the force structure of the Armed Forces required to
meet the threats to the United States in the twenty-
first century.
(4) The Bottom-Up Review has been criticized on
several points, including--
(A) the assumptions underlying the strategy
of planning to fight and win two nearly
simultaneous major regional conflicts;
(B) the force levels recommended to carry
out that strategy; and
(C) the funding proposed for such
recommended force levels.
(5) In response to the recommendations of the
Commission on Roles and Missions of the Armed Forces,
the Secretary of Defense endorsed the concept of
conducting a quadrennial review of the defense program
at the beginning of each newly elected Presidential
administration, and the Department intends to complete
the first such review in 1997.
(6) The review is to involve a comprehensive
examination of defense strategy, the force structure of
the active, guard, and reserve components, force
modernization plans, infrastructure, and other elements
of the defense program and policies in order to
determine and express the defense strategy of the
United States and to establish a revised defense
program through the year 2005.
(7) In order to ensure that the force structure of
the Armed Forces is adequate to meet the challenges to
the national security interests of the United States in
the twenty-first century, to assist the Secretary of
Defense in conducting the review referred to in
paragraph (5), and to assess the appropriate force
structure of the Armed Forces through the year 2010 and
beyond (if practicable), it is important to provide for
the conduct of an independent, nonpartisan review of
the force structure that is more comprehensive than
prior assessments of the force structure, extends
beyond the quadrennial defense review, and explores
innovative and forward-thinking ways of meeting such
challenges.
SEC. 923. QUADRENNIAL DEFENSE REVIEW.
(a) Requirement in 1997.--The Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
shall complete in 1997 a review of the defense program of the
United States intended to satisfy the requirements for a
Quadrennial Defense Review as identified in the recommendations
of the Commission on Roles and Missions of the Armed Forces.
The review shall include a comprehensive examination of the
defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense
program and policies with a view toward determining and
expressing the defense strategy of the United States and
establishing a revised defense program through the year 2005.
(b) Involvement of National Defense Panel.--(1) The
Secretary shall apprise the National Defense Panel established
under section 924, on an ongoing basis, of the work undertaken
in the conduct of the review.
(2) Not later than March 14, 1997, the Chairman of the
National Defense Panel shall submit to the Secretary the
Panel's assessment of work undertaken in the conduct of the
review as of that date and shall include in the assessment the
recommendations of the Panel for improvements to the review,
including recommendations for additional matters to be covered
in the review.
(c) Assessments of Review.--Upon completion of the review,
the Chairman of the Joint Chiefs of Staff and the Chairman of
the National Defense Panel, on behalf of the Panel, shall each
prepare and submit to the Secretary such chairman's assessment
of the review in time for the inclusion of the assessment in
its entirety in the report under subsection (d).
(d) Report.--Not later than May 15, 1997, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a comprehensive report on the review. The
report shall include the following:
(1) The results of the review, including a
comprehensive discussion of the defense strategy of the
United States and the force structure best suited to
implement that strategy.
(2) The threats examined for purposes of the review
and the scenarios developed in the examination of such
threats.
(3) The assumptions used in the review, including
assumptions relating to the cooperation of allies and
mission-sharing, levels of acceptable risk, warning
times, and intensity and duration of conflict.
(4) The effect on the force structure of
preparations for and participation in peace operations
and military operations other than war.
(5) The effect on the force structure of the
utilization by the Armed Forces of technologies
anticipated to be available by the year 2005, including
precision guided munitions, stealth, night vision,
digitization, and communications, and the changes in
doctrine and operational concepts that would result
from the utilization of such technologies.
(6) The manpower and sustainment policies required
under the defense strategy to support engagement in
conflicts lasting more than 120 days.
(7) The anticipated roles and missions of the
reserve components in the defense strategy and the
strength, capabilities, and equipment necessary to
assure that the reserve components can capably
discharge those roles and missions.
(8) The appropriate ratio of combat forces to
support forces (commonly referred to as the ``tooth-to-
tail'' ratio) under the defense strategy, including, in
particular, the appropriate number and size of
headquarter units and Defense Agencies for that
purpose.
(9) The air-lift and sea-lift capabilities required
to support the defense strategy.
(10) The forward presence, pre-positioning, and
other anticipatory deployments necessary under the
defense strategy for conflict deterrence and adequate
military response to anticipated conflicts.
(11) The extent to which resources must be shifted
among two or more theaters under the defense strategy
in the event of conflict in such theaters.
(12) The advisability of revisions to the Unified
Command Plan as a result of the defense strategy.
(13) Any other matter the Secretary considers
appropriate.
SEC. 924. NATIONAL DEFENSE PANEL.
(a) Establishment.--Not later than December 1, 1996, the
Secretary of Defense shall establish a nonpartisan, independent
panel to be known as the National Defense Panel (in this
section referred to as the ``Panel''). The Panel shall have the
duties set forth in this section.
(b) Membership.--The Panel shall be composed of a chairman
and eight other individuals appointed by the Secretary, in
consultation with the chairman and ranking member of the
Committee on Armed Services of the Senate and the chairman and
ranking member of the Committee on National Security of the
House of Representatives, from among individuals in the private
sector who are recognized experts in matters relating to the
national security of the United States.
(c) Duties.--The Panel shall--
(1) conduct and submit to the Secretary the
assessment of the review under section 923 that is
required by subsection (b)(2) of that section;
(2) conduct and submit to the Secretary the
comprehensive assessment of the review that is required
by subsection (c) of that section upon completion of
the review; and
(3) conduct the assessment of alternative force
structures for the Armed Forces required under
subsection (d).
(d) Alternative Force Structure Assessment.--(1) The Panel
shall submit to the Secretary an independent assessment of a
variety of possible force structures of the Armed Forces
through the year 2010 and beyond, including the force structure
identified in the report on the review under section 923(d).
The purpose of the assessment is to develop proposals for an
``above the line'' force structure of the Armed Forces and to
provide the Secretary and Congress recommendations regarding
the optimal force structure to meet anticipated threats to the
national security of the United States through the time covered
by the assessment.
(2) In conducting the assessment, the Panel shall examine a
variety of potential threats (including near-term threats and
long-term threats) to the national security interests of the
United States, including the following:
(A) Conventional threats across a spectrum of
conflicts.
(B) The proliferation of weapons of mass
destruction and the means of delivering such weapons,
and the illicit transfer of technology relating to such
weapons.
(C) The vulnerability of United States technology
to nontraditional threats, including information
warfare.
(D) Domestic and international terrorism.
(E) The emergence of a major potential adversary
having military capabilities similar to those of the
United States.
(F) Any other significant threat, or combination of
threats, identified by the Panel.
(3) For purposes of the assessment, the Panel shall develop
a variety of scenarios requiring a military response by the
United States, including the following:
(A) Scenarios developed in light of the threats
examined under paragraph (2).
(B) Scenarios developed in light of a continuum of
conflicts ranging from a conflict of lesser magnitude
than the conflict described in the Bottom-Up Review to
a conflict of greater magnitude than the conflict so
described.
(4) As part of the assessment, the Panel shall also--
(A) develop recommendations regarding a variety of
force structures for the Armed Forces that permit the
forward deployment of sufficient air, land, and sea-
based forces to provide an effective deterrent to
conflict and to permit a military response by the
United States to the scenarios developed under
paragraph (3);
(B) to the extent practicable, estimate the funding
required by fiscal year, in constant fiscal year 1997
dollars, to organize, equip, and support the forces
contemplated under the force structures assessed in the
assessment; and
(C) comment on each of the matters also to be
included by the Secretary in the report required by
section 923(d).
(e) Report.--(1) Not later than December 1, 1997, the Panel
shall submit to the Secretary a report setting forth the
activities and the findings and recommendations of the Panel
under subsection (d), including any recommendations for
legislation that the Panel considers appropriate.
(2) Not later than December 15, 1997, the Secretary shall,
after consultation with the Chairman of the Joint Chiefs of
Staff, submit to the committees referred to in subsection (b) a
copy of the report under paragraph (1), together with the
Secretary's comments on the report.
(f) Information From Federal Agencies.--The Panel may
secure directly from the Department of Defense and any of its
components and from any other Federal department and agency
such information as the Panel considers necessary to carry out
its duties under this section. The head of the department or
agency concerned shall ensure that information requested by the
Panel under this subsection is promptly provided.
(g) Personnel Matters.--(1) Each member of the Panel shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Panel.
(2) The members of the Panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Panel.
(3)(A) The chairman of the Panel may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director, and a staff of not more than four
additional individuals, if the Panel determines that an
executive director and staff are necessary in order for the
Panel to perform its duties effectively. The employment of an
executive director shall be subject to confirmation by the
Panel.
(B) The chairman may fix the compensation of the executive
director without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Any Federal Government employee may be detailed to the
Panel without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege. The
Secretary shall ensure that sufficient personnel are detailed
to the Panel to enable the Panel to carry out its duties
effectively.
(5) To the maximum extent practicable, the members and
employees of the Panel shall travel on military aircraft,
military ships, military vehicles, or other military
conveyances when travel is necessary in the performance of a
duty of the Panel, except that no such aircraft, ship, vehicle,
or other conveyance may be scheduled primarily for the
transportation of any such member or employee when the cost of
commercial transportation is less expensive.
(h) Administrative Provisions.--(1) The Panel may use the
United States mails and obtain printing and binding services in
the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(2) The Secretary shall furnish the Panel any
administrative and support services requested by the Panel.
(3) The Panel may accept, use, and dispose of gifts or
donations of services or property.
(i) Payment of Panel Expenses.--The compensation, travel
expenses, and per diem allowances of members and employees of
the Panel shall be paid out of funds available to the
Department of Defense for the payment of compensation, travel
allowances, and per diem allowances, respectively, of civilian
employees of the Department. The other expenses of the Panel
shall be paid out of funds available to the Department for the
payment of similar expenses incurred by the Department.
(j) Termination.--The Panel shall terminate 30 days after
the date on which the Panel submits its report to the Secretary
under subsection (e).
SEC. 925. POSTPONEMENT OF DEADLINES.
If the Presidential election in 1996 results in the
election of a new President, each deadline set forth in this
subtitle shall be postponed by three months.
SEC. 926. DEFINITIONS.
In this subtitle:
(1) The term `` `above the line' force structure of
the Armed Forces'' means the force structure (including
numbers, strengths, and composition and major items of
equipment) for the Armed Forces at the following unit
levels:
(A) In the case of the Army, the division.
(B) In the case of the Navy, the battle
group.
(C) In the case of the Air Force, the wing.
(D) In the case of the Marine Corps, the
expeditionary force.
(E) In the case of special operations
forces of the Army, Navy, or Air Force, the
major operating unit.
(F) In the case of the strategic forces,
the ballistic missile submarine fleet, the
heavy bomber force, and the intercontinental
ballistic missile force.
(2) The term ``Commission on Roles and Missions of
the Armed Forces'' means the Commission on Roles and
Missions of the Armed Forces established by subtitle E
of title IX of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1738; 10 U.S.C. 111 note).
(3) The term ``military operation other than war''
means any operation other than war that requires the
utilization of the military capabilities of the Armed
Forces, including peace operations, humanitarian
assistance operations and activities, counter-terrorism
operations and activities, disaster relief activities,
and counter-drug operations and activities.
(4) The term ``peace operations'' means military
operations in support of diplomatic efforts to reach
long-term political settlements of conflicts and
includes peacekeeping operations and peace enforcement
operations.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1002. Incorporation of classified annex.
Subtitle F--Other Matters
Sec. 1061. Policy on protection of national information infrastructure
against strategic attack.
Sec. 1062. Information systems security program.
Sec. 1064. Prohibition on collection and release of detailed satellite
imagery relating to Israel.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Subtitle A--Financial Matters
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the committee of conference to accompany the
conference report on the bill H.R. 3230 of the One Hundred
Fourth Congress and transmitted to the President is hereby
incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred to
in the Classified Annex may only be expended for such program,
project, or activity in accordance with such terms, conditions,
limitations, restrictions, and requirements as are set out for
that program, project, or activity in the Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
Subtitle F--Other Matters
SEC. 1061. POLICY ON PROTECTION OF NATIONAL INFORMATION INFRASTRUCTURE
AGAINST STRATEGIC ATTACK.
(a) Report Requirement.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report setting forth a national policy on
protecting the national information infrastructure against
strategic attack.
(b) Matters To Be Included.--The policy described in the
report shall include the following:
(1) Plans to meet essential Government and civilian
needs during a national security emergency associated
with a strategic attack on elements of the national
information infrastructure the functioning of which
depend on networked computer systems.
(2) The identification of information
infrastructure functions that must be performed during
such an emergency.
(3) The assignment of responsibilities to Federal
departments and agencies, and a description of the
roles of Government and industry, relating to
indications and warning of, assessment of, response to,
and reconstitution after, potential strategic attacks
on the elements of the national information
infrastructure described under paragraph (1).
(c) Unresolved Issues.--The report shall also identify--
(1) matters relating to the national policy
described in the report that, as of the submission of
the report, are in need of further study and
resolution, such as technology and funding shortfalls;
and
(2) legal and regulatory considerations relating to
the national policy.
(d) Update of Earlier Report.--The report shall include an
update of the report required to be submitted to Congress
pursuant to section 1053 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 440).
SEC. 1062. INFORMATION SYSTEMS SECURITY PROGRAM.
(a) Allocation.--Of the amounts appropriated for the
Department of Defense for the Defense Information
Infrastructure for each of fiscal years 1999 through 2002, the
Secretary of Defense shall allocate to the information systems
security program (program element 0303140K) amounts as follows:
(1) For fiscal year 1999, 2.5 percent.
(2) For fiscal year 2000, 3.0 percent.
(3) For fiscal year 2001, 3.5 percent.
(4) For fiscal year 2002, 4.0 percent.
(b) Relationship to Other Amounts.--Amounts allocated under
subsection (a) are in addition to amounts appropriated to the
National Security Agency and the Defense Advanced Research
Projects Agency for development of information security
systems, acquisition of information security systems, and
operation of information security systems.
(c) Report.--Not later than November 15, 1997, the
Secretary of Defense shall submit to the congressional defense
committees and the congressional intelligence committees a
report on information security activities of the Department of
Defense. The report shall describe--
(1) the objectives of the Secretary with respect to
information security and the strategy of the Secretary
(including the strategy with respect to funding) during
fiscal years 1999 through 2002 to achieve those
objectives;
(2) how the Secretary intends to manage and
allocate the funds required by subsection (a) to be
allocated to the information systems security program;
and
(3) if the Secretary determines that a funding plan
for the information systems security program for fiscal
years 1999 through 2002 other than that specified in
subsection (a) is appropriate, the alternative funding
plan proposed by the Secretary.
(d) Defense Information Infrastructure.--For purposes of
this section, the Defense Information Infrastructure is the web
of communications networks, computers, software, databases,
applications, data security services, and other capabilities
that meets the information processing and transport needs of
Department of Defense users.
SEC. 1064. PROHIBITION ON COLLECTION AND RELEASE OF DETAILED SATELLITE
IMAGERY RELATING TO ISRAEL.
(a) Collection and Dissemination.--A department or agency
of the United States may issue a license for the collection or
dissemination by a non-Federal entity of satellite imagery with
respect to Israel only if such imagery is no more detailed or
precise than satellite imagery of Israel that is available from
commercial sources.
(b) Declassification and Release.--A department or agency
of the United States may declassify or otherwise release
satellite imagery with respect to Israel only if such imagery
is no more detailed or precise than satellite imagery of Israel
that is available from commercial sources.
SEC. 1076. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report assessing the implementation and success of the
establishment of site-specific Integrated Product and Process
Teams as a management tool for the Chemical Stockpile Emergency
Preparedness Program.
(b) Contingent Mandated Reforms.--If at the end of the 120-
day period beginning on the date of the enactment of this Act
the Secretary of the Army and the Director of the Federal
Emergency Management Agency have been unsuccessful in
implementing a site-specific Integrated Product and Process
Team with each of the affected States, the Secretary of the
Army shall--
(1) assume full control and responsibility for the
Chemical Stockpile Emergency Preparedness Program
(eliminating the role of the Director of the Federal
Emergency Management Agency as joint manager of the
program);
(2) establish programmatic agreement with each of
the affected States regarding program requirements,
implementation schedules, training and exercise
requirements, and funding (to include direct grants for
program support);
(3) clearly define the goals of the program; and
(4) establish fiscal constraints for the program.
TITLE XI--NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence officials.
Subtitle A--Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act
of 1947.
Sec. 1115. Creditable civilian service for career conditional employees
of the Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B--Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
SEC. 1101. SHORT TITLE.
This title may be cited as the ``National Imagery and
Mapping Agency Act of 1996''.
SEC. 1102. FINDINGS.
Congress makes the following findings:
(1) There is a need within the Department of
Defense and the Intelligence Community of the United
States to provide a single agency focus for the growing
number and diverse types of customers for imagery and
geospatial information resources within the Government,
to ensure visibility and accountability for those
resources, and to harness, leverage, and focus rapid
technological developments to serve the imagery,
imagery intelligence, and geospatial information
customers.
(2) There is a need for a single Government agency
to solicit and advocate the needs of that growing and
diverse pool of customers.
(3) A single combat support agency dedicated to
imagery, imagery intelligence, and geospatial
information could act as a focal point for support of
all imagery intelligence and geospatial information
customers, including customers in the Department of
Defense, the Intelligence Community, and related
agencies outside of the Department of Defense.
(4) Such an agency would best serve the needs of
the imagery, imagery intelligence, and geospatial
information customers if it were organized--
(A) to carry out its mission
responsibilities under the authority,
direction, and control of the Secretary of
Defense, with the advice of the Chairman of the
Joint Chiefs of Staff; and
(B) to carry out its responsibilities to
national intelligence customers in accordance
with policies and priorities established by the
Director of Central Intelligence.
SEC. 1103. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN APPOINTMENT AND
EVALUATION OF CERTAIN INTELLIGENCE OFFICIALS.
(a) In General.--Section 201 of title 10, United States
Code, is amended to read as follows:
``Sec. 201. Certain intelligence officials: consultation and
concurrence regarding appointments; evaluation of
performance
``(a) Consultation Regarding Appointment.--Before
submitting a recommendation to the President regarding the
appointment of an individual to the position of Director of the
Defense Intelligence Agency, the Secretary of Defense shall
consult with the Director of Central Intelligence regarding the
recommendation.
``(b) Concurrence in Appointment.--(1) Before submitting a
recommendation to the President regarding the appointment of an
individual to a position referred to in paragraph (2), the
Secretary of Defense shall seek the concurrence of the Director
of Central Intelligence in the recommendation. If the Director
does not concur in the recommendation, the Secretary may make
the recommendation to the President without the Director's
concurrence, but shall include in the recommendation a
statement that the Director does not concur in the
recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance
Office.
``(C) The Director of the National Imagery and
Mapping Agency.''.
``(c) Performance Evaluations.--(1) The Director of Central
Intelligence shall provide annually to the Secretary of
Defense, for the Secretary's consideration, an evaluation of
the performance of the individuals holding the positions
referred to in paragraph (2) in fulfilling their respective
responsibilities with regard to the National Foreign
Intelligence Program.
``(2) The positions referred to in paragraph (1) are the
following:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance
Office.
``(C) The Director of the National Imagery and
Mapping Agency.''.
(b) Clerical Amendment.--The item relating to section 201
in the table of sections at the beginning of subchapter II of
chapter 8 of such title is amended to read as follows:
``201. Certain intelligence officials: consultation and concurrence
regarding appointments; evaluation of performance.''.
Subtitle A--Establishment of Agency
SEC. 1111. ESTABLISHMENT.
(a) Establishment.--There is hereby established in the
Department of Defense a Defense Agency to be known as the
National Imagery and Mapping Agency.
(b) Transfer of Functions From Department of Defense
Entities.--The missions and functions of the following elements
of the Department of Defense are transferred to the National
Imagery and Mapping Agency:
(1) The Defense Mapping Agency.
(2) The Central Imagery Office.
(3) Other elements of the Department of Defense as
specified in the classified annex to this Act.
(c) Transfer of Functions From Central Intelligence
Agency.--The missions and functions of the following elements
of the Central Intelligence Agency are transferred to the
National Imagery and Mapping Agency:
(1) The National Photographic Interpretation
Center.
(2) Other elements of the Central Intelligence
Agency as specified in the classified annex to this
Act.
(d) Preservation of Level and Quality of Imagery
Intelligence Support to All-Source Analysis and Production.--In
managing the establishment of the National Imagery and Mapping
Agency, the Secretary of Defense, in consultation with the
Director of Central Intelligence, shall ensure that imagery
intelligence support provided to all-source analysis and
production is in no way degraded or compromised.
SEC. 1112. MISSIONS AND AUTHORITY.
(a) Agency Charter.--Part I of subtitle A of title 10,
United States Code, is amended--
(1) by redesignating chapter 22 as chapter 23; and
(2) by inserting after chapter 21 the following new
chapter 22:
``CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY
``Subchapter Sec.
``I. Missions and Authority....................................... 441
``II. Maps, Charts, and Geodetic Products......................... 451
``III. Personnel Management....................................... 461
``IV. Definitions................................................. 467
``SUBCHAPTER I--MISSIONS AND AUTHORITY
``Sec.
``441. Establishment.
``442. Missions.
``443. Imagery intelligence and geospatial information: support for
foreign countries.
``444. Support from Central Intelligence Agency.
``445. Protection of agency identifications and organizational
information.
``Sec. 441. Establishment
``(a) Establishment.--The National Imagery and Mapping
Agency is a combat support agency of the Department of Defense
and has significant national missions.
``(b) Director.--(1) The Director of the National Imagery
and Mapping Agency is the head of the agency.
``(2) Upon a vacancy in the position of Director, the
Secretary of Defense shall recommend to the President an
individual for appointment to the position.
``(3) If an officer of the armed forces on active duty is
appointed to the position of Director, the position shall be
treated as having been designated by the President as a
position of importance and responsibility for purposes of
section 601 of this title and shall carry the grade of
lieutenant general, or, in the case of an officer of the Navy,
vice admiral.
``(c) Director of Central Intelligence Collection Tasking
Authority.--Unless otherwise directed by the President, the
Director of Central Intelligence shall have authority (except
as otherwise agreed by the Director and the Secretary of
Defense) to--
``(1) approve collection requirements levied on
national imagery collection assets;
``(2) determine priorities for such requirements;
and
``(3) resolve conflicts in such priorities.
``(d) Availability and Continued Improvement of Imagery
Intelligence Support to All-Source Analysis and Production
Function.--The Secretary of Defense, in consultation with the
Director of Central Intelligence, shall take all necessary
steps to ensure the full availability and continued improvement
of imagery intelligence support for all-source analysis and
production.
``Sec. 442. Missions
``(a) National Security Missions.--(1) The National Imagery
and Mapping Agency shall, in support of the national security
objectives of the United States, provide the following:
``(A) Imagery.
``(B) Imagery intelligence.
``(C) Geospatial information.
``(2) Imagery, intelligence, and information provided in
carrying out paragraph (1) shall be timely, relevant, and
accurate.
``(b) Navigation Information.--The National Imagery and
Mapping Agency shall improve means of navigating vessels of the
Navy and the merchant marine by providing, under the authority
of the Secretary of Defense, accurate and inexpensive nautical
charts, sailing directions, books on navigation, and manuals of
instructions for the use of all vessels of the United States
and of navigators generally.
``(c) Maps, Charts, Etc.--The National Imagery and Mapping
Agency shall prepare and distribute maps, charts, books, and
geodetic products as authorized under subchapter II of this
chapter.
``(d) National Missions.--The National Imagery and Mapping
Agency also has national missions as specified in section
120(a) of the National Security Act of 1947.
``(e) Systems.--The National Imagery and Mapping Agency
may, in furtherance of a mission of the Agency, design,
develop, deploy, operate, and maintain systems related to the
processing and dissemination of imagery intelligence and
geospatial information that may be transferred to, accepted or
used by, or used on behalf of--
``(1) the armed forces, including any combatant
command, component of a combatant command, joint task
force, or tactical unit; or
``(2) any other department or agency of the United
States.
``Sec. 443. Imagery intelligence and geospatial information: support
for foreign countries
``(a) Use of Appropriated Funds.--The Director of the
National Imagery and Mapping Agency may use appropriated funds
available to the National Imagery and Mapping Agency to provide
foreign countries with imagery intelligence and geospatial
information support.
``(b) Use of Funds Other Than Appropriated Funds.--The
Director may use funds other than appropriated funds to provide
foreign countries with imagery intelligence and geospatial
information support, notwithstanding provisions of law relating
to the expenditure of funds of the United States, except that--
``(1) no such funds may be expended, in whole or in
part, by or for the benefit of the National Imagery and
Mapping Agency for a purpose for which Congress had
previously denied funds.
``(2) proceeds from the sale of imagery
intelligence or geospatial information items may be
used only to purchase replacement items similar to the
items that are sold; and
``(3) the authority provided by this subsection may
not be used to acquire items or services for the
principal benefit of the United States.
``(c) Accommodation Procurements.--The authority under this
section may be exercised to conduct accommodation procurements
on behalf of foreign countries.
``(d) Coordination With Director of Central Intelligence.--
The Director of the Agency shall coordinate with the Director
of Central Intelligence any action under this section that
involves imagery intelligence or intelligence products or
involves providing support to an intelligence or security
service of a foreign country.
``Sec. 444. Support from Central Intelligence Agency
``(a) Support Authorized.--The Director of Central
Intelligence may provide support in accordance with this
section to the Director of the National Imagery and Mapping
Agency. The Director of the National Imagery and Mapping Agency
may accept support provided under this section.
``(b) Administrative and Contract Services.--(1) In
furtherance of the national intelligence effort, the Director
of Central Intelligence may provide administrative and contract
services to the National Imagery and Mapping Agency as if that
agency were an organizational element of the Central
Intelligence Agency.
``(2) Services provided under paragraph (1) may include the
services of security police. For purposes of section 15 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403o), an
installation of the National Imagery and Mapping Agency that is
provided security police services under this section shall be
considered an installation of the Central Intelligence Agency.
``(3) Support provided under this subsection shall be
provided under terms and conditions agreed upon by the
Secretary of Defense and the Director of Central Intelligence.
``(c) Detail of Personnel.--The Director of Central
Intelligence may detail personnel of the Central Intelligence
Agency indefinitely to the National Imagery and Mapping Agency
without regard to any limitation on the duration of interagency
details of Federal Government personnel.
``(d) Reimbursable or Nonreimbursable Support.--Support
under this section may be provided and accepted on either a
reimbursable basis or a nonreimbursable basis.
``(e) Authority To Transfer Funds.--(1) The Director of the
National Imagery and Mapping Agency may transfer funds
available for that agency to the Director of Central
Intelligence for the Central Intelligence Agency.
``(2) The Director of Central Intelligence--
``(A) may accept funds transferred under paragraph
(1); and
``(B) shall expend such funds, in accordance with
the Central Intelligence Agency Act of 1949 (50 U.S.C.
403a et seq.), to provide administrative and contract
services or detail personnel to the National Imagery
and Mapping Agency under this section.
``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) The words `National Imagery and Mapping
Agency', the initials `NIMA', or the seal of the
National Imagery and Mapping Agency.
``(B) The words `Defense Mapping Agency', the
initials `DMA', or the seal of the Defense Mapping
Agency.
``(C) Any colorable imitation of such words,
initials, or seals.
``(2) 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), 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.
``SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS
``Sec.
``451. Maps, charts, and books.
``452. Pilot charts.
``453. Prices of maps, charts, and navigational publications.
``454. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations
``455. Maps, charts, and geodetic data: public availability; exceptions.
``456. Civil actions barred.
``SUBCHAPTER III--PERSONNEL MANAGEMENT
``Sec.
``461. Management rights.
``Sec. 461. Management rights
``(a) Scope.--If there is no obligation under the
provisions of chapter 71 of title 5 for the head of an agency
of the United States to consult or negotiate with a labor
organization on a particular matter by reason of that matter
being covered by a provision of law or a Governmentwide
regulation, the Director of the National Imagery and Mapping
Agency is not obligated to consult or negotiate with a labor
organization on that matter even if that provision of law or
regulation is inapplicable to the National Imagery and Mapping
Agency.
``(b) Bargaining Units.--The National Imagery and Mapping
Agency shall accord exclusive recognition to a labor
organization under section 7111 of title 5 only for a
bargaining unit that was recognized as appropriate for the
Defense Mapping Agency on the day before the date on which
employees and positions of the Defense Mapping Agency in that
bargaining unit became employees and positions of the National
Imagery and Mapping Agency under the National Imagery and
Mapping Agency Act of 1996 (title XI of the National Defense
Authorization Act for Fiscal Year 1997).
``(c) Termination of Bargaining Unit Coverage of Position
Modified To Affect National Security Directly.--(1) If the
Director of the National Imagery and Mapping Agency determines
that the responsibilities of a position within a collective
bargaining unit should be modified to include intelligence,
counterintelligence, investigative, or security duties not
previously assigned to that position and that the performance
of the newly assigned duties directly affects the national
security of the United States, then, upon such a modification
of the responsibilities of that position, the position shall
cease to be covered by the collective bargaining unit and the
employee in that position shall cease to be entitled to
representation by a labor organization accorded exclusive
recognition for that collective bargaining unit.
``(2) A determination described in paragraph (1) that is
made by the Director of the National Imagery and Mapping Agency
may not be reviewed by the Federal Labor Relations Authority or
any court of the United States.
``SUBCHAPTER IV--DEFINITIONS
``Sec.
``467. Definitions.
``Sec. 467. Definitions
``In this chapter:
``(1) The term `function' means any duty,
obligation, responsibility, privilege, activity, or
program.
``(2)(A) The term `imagery' means, except as
provided in subparagraph (B), a likeness or
presentation of any natural or manmade feature or
related object or activity and the positional data
acquired at the same time the likeness or
representation was acquired, including--
``(i) products produced by space-based
national intelligence reconnaissance systems;
and
``(ii) likenesses or presentations produced
by satellites, airborne platforms, unmanned
aerial vehicles, or other similar means.
``(B) Such term does not include handheld or
clandestine photography taken by or on behalf of human
intelligence collection organizations.
``(3) The term `imagery intelligence' means the
technical, geographic, and intelligence information
derived through the interpretation or analysis of
imagery and collateral materials.
``(4) The term `geospatial information' means
information that identifies the geographic location and
characteristics of natural or constructed features and
boundaries on the earth and includes--
``(A) statistical data and information
derived from, among other things, remote
sensing, mapping, and surveying technologies;
``(B) mapping, charting, and geodetic data;
and
``(C) geodetic products, as defined in
section 455(c) of this title.''.
(b) Transfer of Defense Mapping Agency Provisions.--(1)
Sections 2792, 2793, 2794, 2795, 2796, and 2798 of title 10,
United States Code, are transferred to subchapter II of chapter
22 of such title, as added by subsection (a), inserted in that
sequence in such subchapter following the table of sections,
and redesignated in accordance with the following table:
Section Section as
transferred redesignated
2792............................................................ 451
2793............................................................ 452
2794............................................................ 453
2795............................................................ 454
2796............................................................ 455
2798............................................................ 456.
(2) Sections 451(1), 452, 453, 454, and 455 (in subsections
(a) and (b)(1)(C)), and 456 of title 10, United States Code, as
transferred and redesignated by paragraph (1), are amended by
striking out ``Defense Mapping Agency'' each place it appears
and inserting in lieu thereof ``National Imagery and Mapping
Agency''.
(c) Oversight of Agency as a Combat Support Agency.--
Section 193 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking out the caption and
inserting in lieu thereof ``Review of National
Security Agency and National Imagery and
Mapping Agency.--'';
(B) in paragraph (1)--
(i) by inserting ``and the National
Imagery and Mapping Agency'' after
``the National Security Agency''; and
(ii) by striking out ``the Agency''
and inserting in lieu thereof ``that
the agencies''; and
(C) in paragraph (2), by inserting ``and
the National Imagery and Mapping Agency'' after
``the National Security Agency'';
(2) in subsection (e)--
(A) by striking out ``DIA and NSA'' in the
caption and inserting in lieu thereof the
following: ``DIA, NSA, and NIMA''; and
(B) by striking out ``and the National
Security Agency'' and inserting in lieu thereof
``, the National Security Agency, and the
National Imagery and Mapping Agency''; and
(3) in subsection (f), by striking out paragraph
(4) and inserting in lieu thereof the following:
``(4) The National Imagery and Mapping Agency.''.
(d) Consolidation and Standardization of Exemptions From
Disclosure of Organizational and Personnel Information.--
Chapter 21 of title 10, United States Code, is amended by
striking out sections 424 and 425 and inserting in lieu thereof
the following:
``Sec. 424. Disclosure of organizational and personnel information:
exemption for Defense Intelligence Agency, National
Reconnaissance Office, and National Imagery and
Mapping Agency
``(a) Exemption From Disclosure.--Except as required by the
President or as provided in subsection (c), no provision of law
shall be construed to require the disclosure of--
``(1) the organization or any function of an
organization of the Department of Defense named in
subsection (b); or
``(2) the number of persons employed by or assigned
or detailed to any such organization or the name,
official title, occupational series, grade, or salary
of any such person.
``(b) Covered Organizations.--This section applies to the
following organizations of the Department of Defense:
``(1) The Defense Intelligence Agency.
``(2) The National Reconnaissance Office.
``(3) The National Imagery and Mapping Agency.
``(c) Provision of Information to Congress.--Subsection (a)
does not apply with respect to the provision of information to
Congress.''.
(e) Special Printing Authority for Agency.--(1) Section
207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993
(Public Law 102-392; 44 U.S.C. 501 note), is amended by
inserting ``National Imagery and Mapping Agency,'' after
``Defense Intelligence Agency,''.
(2) Section 1336 of title 44, United States Code, is
amended--
(A) by striking out ``Secretary of the Navy'' and
inserting in lieu thereof ``Director of the National
Imagery and Mapping Agency''; and
(B) by striking out ``United States Naval
Oceanographic Office'' and inserting in lieu thereof
``National Imagery and Mapping Agency''.
SEC. 1113. TRANSFERS OF PERSONNEL AND ASSETS.
(a) Personnel and Assets.--Subject to subsections (b) and
(c), the personnel, assets, unobligated balances of
appropriations and authorizations of appropriations, and, to
the extent jointly determined appropriate by the Secretary of
Defense and Director of Central Intelligence, obligated
balances of appropriations and authorizations of appropriations
employed, used, held, arising from, or available in connection
with the missions and functions transferred under section
1111(b) or section 1111(c) are transferred to the National
Imagery and Mapping Agency. Transfers of appropriations from
the Central Intelligence Agency under this subsection shall be
made in accordance with section 1531 of title 31, United States
Code.
(b) Determination of CIA Positions To Be Transferred.--Not
earlier than two years after the effective date of this
subtitle, the Secretary of Defense and the Director of Central
Intelligence shall determine which, if any, positions and
personnel of the Central Intelligence Agency are to be
transferred to the National Imagery and Mapping Agency. The
positions to be transferred, and the employees serving in such
positions, shall be transferred to the National Imagery and
Mapping Agency under terms and conditions prescribed by the
Secretary of Defense and the Director of Central Intelligence.
(c) Rule for CIA Imagery Activities Only Partially
Transferred.--If the National Photographic Interpretation
Center of the Central Intelligence Agency or any imagery-
related activity of the Central Intelligence Agency authorized
to be performed by the National Imagery and Mapping Agency is
not completely transferred to the National Imagery and Mapping
Agency, the Secretary of Defense and the Director of Central
Intelligence shall--
(1) jointly determine which, if any, contracts,
leases, property, and records employed, used, held,
arising from, available to, or otherwise relating to
such Center or activity is to be transferred to the
National Imagery and Intelligence Agency; and
(2) provide by written agreement for the transfer
of such items.
SEC. 1114. COMPATIBILITY WITH AUTHORITY UNDER THE NATIONAL SECURITY ACT
OF 1947.
(a) Agency Functions.--Paragraph (2) of section 105(b) of
the National Security Act of 1947 (50 U.S.C. 403-5(b)) is
amended to read as follows:
``(2) through the National Imagery and Mapping
Agency (except as otherwise directed by the President
or the National Security Council), with appropriate
representation from the intelligence community, the
continued operation of an effective unified
organization within the Department of Defense--
``(A) for carrying out tasking of imagery
collection;
``(B) for the coordination of imagery
processing and exploitation activities;
``(C) for ensuring the dissemination of
imagery in a timely manner to authorized
recipients; and
``(D) notwithstanding any other provision
of law, for--
``(i) prescribing technical
architecture and standards related to
imagery intelligence and geospatial
information and ensuring compliance
with such architecture and standards;
and
``(ii) developing and fielding
systems of common concern related to
imagery intelligence and geospatial
information;''.
(b) National Mission.--Title I of such Act (50 U.S.C. 402
et seq.) is amended by adding at the end the following new
section:
``national mission of national imagery and mapping agency
``Sec. 120. (a) In General.--In addition to the Department
of Defense missions set forth in section 442 of title 10,
United States Code, the National Imagery and Mapping Agency
shall support the imagery requirements of the Department of
State and other departments and agencies of the United States
outside the Department of Defense.
``(b) Requirements and Priorities.--The Director of Central
Intelligence shall establish requirements and priorities
governing the collection of national intelligence by the
National Imagery and Mapping Agency under subsection (a).
``(c) Correction of Deficiencies.--The Director of Central
Intelligence shall develop and implement such programs and
policies as the Director and the Secretary of Defense jointly
determine necessary to review and correct deficiencies
identified in the capabilities of the National Imagery and
Mapping Agency to accomplish assigned national missions,
including support to the all-source analysis and production
process. The Director shall consult with the Secretary of
Defense on the development and implementation of such programs
and policies. The Secretary shall obtain the advice of the
Chairman of the Joint Chiefs of Staff regarding the matters on
which the Director and the Secretary are to consult under the
preceding sentence.''.
(c) Tasking of Imagery Assets.--Title I of such Act is
further amended by adding at the end the following new section:
``collection tasking authority
``Sec. 121. Unless otherwise directed by the President, the
Director of Central Intelligence shall have authority (except
as otherwise agreed by the Director and the Secretary of
Defense) to--
``(1) approve collection requirements levied on
national imagery collection assets;
``(2) determine priorities for such requirements;
and
``(3) resolve conflicts in such priorities.''.
(d) Clerical Amendment.--The table of contents in the first
section of such Act is amended by inserting after the item
relating to section 109 the following new items:
``Sec. 120. National mission of National Imagery and Mapping Agency.
``Sec. 121. Collection tasking authority.''.
SEC. 1115. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES
OF THE DEFENSE MAPPING AGENCY.
In the case of an employee of the National Imagery and
Mapping Agency who, on the day before the effective date of
this title, was an employee of the Defense Mapping Agency in a
career-conditional status, the continuous service of that
employee as an employee of the National Imagery and Mapping
Agency on and after such date shall be considered creditable
service for the purpose of any determination of the career
status of the employee.
SEC. 1116. SAVING PROVISIONS.
(a) Continuing Effect on Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements,
international agreements, grants, contracts, leases,
certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in connection with any of the
functions which are transferred under this title or any
function that the National Imagery and Mapping Agency
is authorized to perform by law, and
(2) which are in effect at the time this title
takes effect, or were final before the effective date
of this title and are to become effective on or after
the effective date of this title,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary of Defense,
the Director of the National Imagery and Mapping Agency or
other authorized official, a court of competent jurisdiction,
or by operation of law.
(b) Proceedings Not Affected.--This title and the
amendments made by this title shall not affect any proceedings,
including notices of proposed rulemaking, or any application
for any license, permit, certificate, or financial assistance
pending before an element of the Department of Defense or
Central Intelligence Agency at the time this title takes
effect, with respect to function of that element transferred by
section 1122, but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pursuant
to such orders, as if this title had not been enacted, and
orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this section shall be deemed to
prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or
modified if this title had not been enacted.
SEC. 1117. DEFINITIONS.
In this subtitle, the terms ``function'', ``imagery'',
``imagery intelligence'', and ``geospatial information'' have
the meanings given those terms in section 467 of title 10,
United States Code, as added by section 1112.
SEC. 1118. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for the National
Imagery and Mapping Agency for fiscal year 1997 in amounts and
for purposes, and subject to the terms, conditions,
limitations, restrictions, and requirements, that are set forth
in the Classified Annex to this Act.
Subtitle B--Conforming Amendments and Effective Dates
SEC. 1121. REDESIGNATION AND REPEALS.
(a) Redesignation.--Chapter 23 of title 10, United States
Code (as redesignated by section 1112(a)(1)) is amended by
redesignating the sections in that chapter as sections 481 and
482, respectively.
(b) Repeal of Superseded Law.--Chapter 167 of such title,
as amended by section 1112(b), is repealed.
SEC. 1122. REFERENCE AMENDMENTS.
(a) Title 5, United States Code.--Title 5, United States
Code, is amended as follows:
(1) Central imagery office.--Sections
2302(a)(2)(C)(ii), 3132(a)(1)(B), 4301(1) (in clause
(ii)), 4701(a)(1)(B), 5102(a)(1) (in clause (xi)),
5342(a)(1)(L), 6339(a)(1)(E), and
7323(b)(2)(B)(i)(XIII) are amended by striking out
``Central Imagery Office'' and inserting in lieu
thereof ``National Imagery and Mapping Agency''.
(2) Director, central imagery office.--Section
6339(a)(2)(E) is amended by striking out ``Central
Imagery Office, the Director of the Central Imagery
Office'' and inserting in lieu thereof ``National
Imagery and Mapping Agency, the Director of the
National Imagery and Mapping Agency''.
(b) Other Laws.--The following provisions of law are
amended by striking out ``Central Imagery Office'' and
inserting in lieu thereof ``National Imagery and Mapping
Agency'':
(1) National security act of 1947.--Section 3(4)(E)
of the National Security Act of 1947 (50 U.S.C.
401a(4)(E).
(2) Ethics in government act of 1978.--Section
105(a) of the Ethics in Government Act of 1978 (Public
Law 95-521; 5 U.S.C. App. 4).
(3) Employee polygraph protection act.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act
of 1988 (Public Law 100-347; 29 U.S.C.
2006(b)(2)(A)(i)).
(c) Cross Reference.--Section 82 of title 14, United States
Code, is amended by striking out ``chapter 167'' and inserting
in lieu thereof ``subchapter II of chapter 22''.
SEC. 1123. HEADINGS AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--
(1) The table of chapters at the beginning of
subtitle A of title 10, United States Code, is
amended--
(A) by striking out the item relating to
chapter 22 and inserting in lieu thereof the
following:
``22. National Imagery and Mapping Agency......................... 441
``23. Miscellaneous Studies and Reports...........................471'';
and
(B) by striking out the item relating to
chapter 167.
(2) The table of chapters at the beginning of part
I of such subtitle is amended by striking out the item
relating to chapter 22 and inserting in lieu thereof
the following:
``22. National Imagery and Mapping Agency......................... 441
``23. Miscellaneous Studies and Reports...........................471'';
(3) The table of chapters at the beginning of part
IV of such subtitle is amended by striking out the item
relating to chapter 167.
(4) The items in the table of sections at the
beginning of chapter 23 of title 10, United States Code
(as redesignated by section 1112(a)(1)), are revised so
as to reflect the redesignations made by section
1121(a).
(b) Title 44, United States Code.--
(1) The heading of section 1336 of title 44, United
States Code, is amended to read as follows:
``Sec. 1336. National Imagery and Mapping Agency: special
publications''.
(2) The item relating to that section in the tables
of sections at the beginning of chapter 13 of such
title is amended to read as follows:
``1336. National Imagery and Mapping Agency: special publications.''.
SEC. 1124. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect on October 1, 1996, or the date of the enactment of this
Act, whichever is later.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Strengthening certain sanctions against nuclear proliferation
activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian
and civic assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. Presidential report regarding weapons proliferation and
policies of the People's Republic of China.
Sec. 1307. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to
improve security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
SEC. 1301. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.
(a) One-Year Extension of Authority.--Section 1505 of the
Weapons of Mass Destruction Control Act of 1992 (title XV of
Public Law 102-484; 22 U.S.C. 5859a) is amended--
(1) in subsection (d)(3), by striking out ``or''
after ``fiscal year 1995,'' and by inserting ``, or
$15,000,000 for fiscal year 1997'' before the period at
the end; and
(2) in subsection (f), by striking out ``1996'' and
inserting in lieu thereof ``1997''.
(b) Funding Flexibility.--Subsection (d) of such section is
further amended by adding at the end the following new
paragraph:
``(4)(A) In the event of a significant unforeseen
development related to the activities of the United Nations
Special Commission on Iraq for which the Secretary of Defense
determines that financial assistance under this section is
required at a level which would result in the total amount of
assistance provided under this section during the then-current
fiscal year exceeding the amount specified with respect to that
year under paragraph (3), the Secretary of Defense may provide
such assistance notwithstanding the limitation with respect to
that fiscal year under paragraph (3). Funds for such purpose
may be derived from any funds available to the Department of
Defense for that fiscal year.
``(B) Financial assistance may be provided under
subparagraph (A) only after the Secretary of Defense provides
notice in writing to the committees of Congress named in
subsection (e)(2) of the significant unforeseen development and
of the Secretary's intent to provide assistance in excess of
the limitation for that fiscal year under paragraph (3).
However, if the Secretary determines in any case that under the
specific circumstances of that case advance notice is not
possible, such notice shall be provided as soon as possible and
not later than 15 days after the date on which the assistance
is provided. Any notice under this subparagraph shall include a
description of the development, the amount of assistance
provided or to be provided, and the source of the funds for
that assistance.''.
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation.--Funds available to the Department
of Defense may not be obligated or expended during fiscal year
1997 for retiring or dismantling, or for preparing to retire or
dismantle, any of the following strategic nuclear delivery
systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic
missiles.
(4) Peacekeeper intercontinental ballistic
missiles.
(b) Waiver Authority.--If the START II Treaty enters into
force during fiscal year 1996 or fiscal year 1997, the
Secretary of Defense may waive the application of the
limitation under paragraphs (2), (3), and (4) of subsection (a)
to Trident ballistic missile submarines, Minuteman III
intercontinental ballistic missiles, and Peacekeeper
intercontinental ballistic missiles, respectively, to the
extent that the Secretary determines necessary in order to
implement the treaty.
(c) Funding Limitation on Early Deactivation.--(1) If the
limitation under paragraphs (2), (3), and (4) of subsection (a)
ceases to apply by reason of a waiver under subsection (b),
funds available to the Department of Defense may nevertheless
not be obligated or expended during fiscal year 1997 to
implement any agreement or understanding to undertake
substantial early deactivation of a strategic nuclear delivery
system specified in subsection (b) until 30 days after the date
on which the President submits to Congress a report concerning
such actions.
(2) For purposes of this subsection, a substantial early
deactivation is an action during fiscal year 1997 to deactivate
a substantial number of strategic nuclear delivery systems
specified in subsection (b) by--
(A) removing nuclear warheads from those systems;
or
(B) taking other steps to remove those systems from
combat status.
(3) A report under this subsection shall include the
following:
(A) The text of any understanding or agreement
between the United States and the Russian Federation
concerning substantial early deactivation of strategic
nuclear delivery systems under the START II Treaty.
(B) The plan of the Department of Defense for
implementing the agreement.
(C) An assessment of the Secretary of Defense of
the adequacy of the provisions contained in the
agreement for monitoring and verifying compliance of
Russia with the terms of the agreement.
(D) A determination by the President as to whether
the deactivations to occur under the agreement will be
carried out in a symmetrical, reciprocal, or equivalent
manner.
(E) An assessment by the President of the effect of
the proposed early deactivation on the stability of the
strategic balance and relative strategic nuclear
capabilities of the United States and the Russian
Federation at various stages during deactivation and
upon completion.
(d) START II Treaty Defined.--For purposes of this section,
the term ``START II Treaty'' means the Treaty Between the
United States of America and the Russian Federation on Further
Reduction and Limitation of Strategic Offensive Arms, signed at
Moscow on January 3, 1993, including the following protocols
and memorandum of understanding, all such documents being
integral parts of and collectively referred to as the ``START
II Treaty'' (contained in Treaty Document 103-1):
(1) The Protocol on Procedures Governing
Elimination of Heavy ICBMs and on Procedures Governing
Conversion of Silo Launchers of Heavy ICBMs Relating to
the Treaty Between the United States of America and the
Russian Federation on Further Reduction and Limitation
of Strategic Offensive Arms (also known as the
``Elimination and Conversion Protocol'').
(2) The Protocol on Exhibitions and Inspections of
Heavy Bombers Relating to the Treaty Between the United
States and the Russian Federation on Further Reduction
and Limitation of Strategic Offensive Arms (also known
as the ``Exhibitions and Inspections Protocol'').
(3) The Memorandum of Understanding on Warhead
Attribution and Heavy Bomber Data Relating to the
Treaty Between the United States of America and the
Russian Federation on Further Reduction and Limitation
of Strategic Offensive Arms (also known as the
``Memorandum on Attribution'').
(e) Retention of B-52H Aircraft on Active Status.--(1) The
Secretary of the Air Force shall maintain in active status
(including the performance of standard maintenance and
upgrades) the current fleet of B-52H bomber aircraft.
(2) For purposes of carrying out upgrades of B-52H bomber
aircraft during fiscal year 1997, the Secretary shall treat the
entire current fleet of such aircraft as aircraft expected to
be maintained in active status during the six-year period
beginning on October 1, 1996.
SEC. 1303. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR
PROLIFERATION ACTIVITIES.
(a) Sanctions.--Section 2(b)(4) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(4)) is amended to read as
follows:
``(4)(A) If the Secretary of State determines
that--
``(i) any country that has agreed to
International Atomic Energy Agency nuclear
safeguards materially violates, abrogates, or
terminates, after October 26, 1977, such
safeguards;
``(ii) any country that has entered into an
agreement for cooperation concerning the civil
use of nuclear energy with the United States
materially violates, abrogates, or terminates,
after October 26, 1977, any guarantee or other
undertaking to the United States made in such
agreement;
``(iii) any country that is not a nuclear-
weapon state detonates, after October 26, 1977,
a nuclear explosive device;
``(iv) any country willfully aids or abets,
after June 29, 1994, any non-nuclear-weapon
state to acquire any such nuclear explosive
device or to acquire unsafeguarded special
nuclear material; or
``(v) any person knowingly aids or abets,
after the date of enactment of the National
Defense Authorization Act for Fiscal Year 1997,
any non-nuclear-weapon state to acquire any
such nuclear explosive device or to acquire
unsafeguarded special nuclear material,
then the Secretary of State shall submit a report to
the appropriate committees of the Congress and to the
Board of Directors of the Bank stating such
determination and identifying each country or person
the Secretary determines has so acted.
``(B)(i) If the Secretary of State makes a
determination under subparagraph (A)(v) with respect to
a foreign person, the Congress urges the Secretary to
initiate consultations immediately with the government
with primary jurisdiction over that person with respect
to the imposition of the prohibition contained in
subparagraph (C).
``(ii) In order that consultations with that
government may be pursued, the Board of Directors of
the Bank shall delay imposition of the prohibition
contained in subparagraph (C) for up to 90 days if the
Secretary of State requests the Board to make such
delay. Following these consultations, the prohibition
contained in subparagraph (C) shall apply immediately
unless the Secretary determines and certifies to the
Congress that that government has taken specific and
effective actions, including appropriate penalties, to
terminate the involvement of the foreign person in the
activities described in subparagraph (A)(v). The Board
of Directors of the Bank shall delay the imposition of
the prohibition contained in subparagraph (C) for up to
an additional 90 days if the Secretary requests the
Board to make such additional delay and if the
Secretary determines and certifies to the Congress that
that government is in the process of taking the actions
described in the preceding sentence.
``(iii) Not later than 90 days after making a
determination under subparagraph (A)(v), the Secretary
of State shall submit to the appropriate committees of
the Congress a report on the status of consultations
with the appropriate government under this
subparagraph, and the basis for any determination under
clause (ii) that such government has taken specific
corrective actions.
``(C) The Board of Directors of the Bank shall not
give approval to guarantee, insure, or extend credit,
or participate in the extension of credit in support of
United States exports to any country, or to or by any
person, identified in the report described in
subparagraph (A).
``(D) The prohibition in subparagraph (C) shall not
apply to approvals to guarantee, insure, or extend
credit, or participate in the extension of credit in
support of United States exports to a country with
respect to which a determination is made under clause
(i), (ii), (iii), or (iv) of subparagraph (A) regarding
any specific event described in such clause if the
President determines and certifies in writing to the
Congress not less than 45 days prior to the date of the
first approval following the determination that it is
in the national interest for the Bank to give such
approvals.
``(E) The prohibition in subparagraph (C) shall not
apply to approvals to guarantee, insure, or extend
credit, or participate in the extension of credit in
support of United States exports to or by a person with
respect to whom a determination is made under clause
(v) of subparagraph (A) regarding any specific event
described in such clause if--
``(i) the Secretary of State determines and
certifies to the Congress that the appropriate
government has taken the corrective actions
described in subparagraph (B)(ii); or
``(ii) the President determines and
certifies in writing to the Congress not less
than 45 days prior to the date of the first
approval following the determination that--
``(I) reliable information
indicates that--
``(aa) such person has
ceased to aid or abet any non-
nuclear-weapon state to acquire
any nuclear explosive device or
to acquire unsafeguarded
special nuclear material; and
``(bb) steps have been
taken to ensure that the
activities described in item
(aa) will not resume; or
``(II) the prohibition would have a
serious adverse effect on vital United
States interests.
``(F) For purposes of this paragraph:
``(i) The term `country' has the meaning
given to `foreign state' in section 1603(a) of
title 28, United States Code.
``(ii) The term `knowingly' is used within
the meaning of the term `knowing' in section
104(h)(3) of the Foreign Corrupt Practices Act
(15 U.S.C. 78dd-2(h)(3)).
``(iii) The term `person' means a natural
person as well as a corporation, business
association, partnership, society, trust, any
other nongovernmental entity, organization, or
group, and any governmental entity operating as
a business enterprise, and any successor of any
such entity.
``(iv) The term `nuclear-weapon state' has
the meaning given the term in Article IX(3) of
the Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Washington, London, and
Moscow on July 1, 1968.
``(v) The term `non-nuclear-weapon state'
has the meaning given the term in section
830(5) of the Nuclear Proliferation Prevention
Act of 1994 (Public Law 103-236; 108 Stat.
521).
``(vi) The term `nuclear explosive device'
has the meaning given the term in section
830(4) of the Nuclear Proliferation Prevention
Act of 1994 (Public Law 103-236; 108 Stat.
521).
``(vii) The term `unsafeguarded special
nuclear material' has the meaning given the
term in section 830(8) of the Nuclear
Proliferation Prevention Act of 1994.''.
(b) Recommendations To Make Nonproliferation Laws More
Effective.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
Congress his recommendations on ways to make the laws of the
United States more effective in controlling and preventing the
proliferation of weapons of mass destruction and missiles. The
report shall identify all sources of Government funds used for
such nonproliferation activities.
SEC. 1304. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN
AND CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.
(a) Authority To Pay Expenses.--Section 401(c) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph
(4); and
(2) by inserting after paragraph (1) the following
new paragraphs:
``(2) Expenses covered by paragraph (1) include the
following expenses incurred in providing assistance described
in subsection (e)(5):
``(A) Travel, transportation, and subsistence
expenses of Department of Defense personnel providing
such assistance.
``(B) The cost of any equipment, services, or
supplies acquired for the purpose of carrying out or
supporting the activities described in subsection
(e)(5), including any nonlethal, individual, or small-
team landmine clearing equipment or supplies that are
to be transferred or otherwise furnished to a foreign
country in furtherance of the provision of assistance
under this section.
``(3) The cost of equipment, services, and supplies
provided in any fiscal year under paragraph (2)(B) may not
exceed $5,000,000.''.
(b) Coordination With Other Laws.--Section 401(b) of such
title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) Any authority provided under any other provision of
law to provide assistance that is described in subsection
(e)(5) to a foreign country shall be carried out in accordance
with, and subject to the limitations prescribed in, this
section. Any such provision may be construed as superseding a
provision of this section only if, and to the extent that, such
provision specifically refers to this section and specifically
identifies the provision of this section that is to be
considered superseded or otherwise inapplicable under such
provision.''.
SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEOPLE'S REPUBLIC OF
CHINA.
(a) Report.--The Secretary of Defense shall prepare a
report, in both classified and unclassified form, on the future
pattern of military modernization of the People's Republic of
China. The report shall address both the probable course of
military-technological development in the People's Liberation
Army and the development of Chinese military strategy and
operational concepts.
(b) Matters To Be Included.--The report shall include
analyses and forecasts of the following:
(1) Trends that would lead the People's Republic of
China toward advanced intelligence, surveillance, and
reconnaissance capabilities, either through a
development program or by gaining access to commercial
or third-party systems with militarily significant
capabilities.
(2) Efforts by the People's Republic of China to
develop highly accurate and low-observable ballistic
and cruise missiles, and the investments in
infrastructure that would allow for production of such
weapons in militarily significant quantities,
particularly in numbers sufficient to conduct attacks
capable of overwhelming projected defense capabilities
in the region.
(3) Development by the People's Republic of China
of enhanced command and control networks, particularly
those capable of battle management that would include
long-range precision strikes.
(4) Programs of the People's Republic of China
involving unmanned aerial vehicles, particularly those
with extended ranges or loitering times.
(5) Exploitation by the People's Republic of China
of the Global Positioning System or other similar
systems, including commercial land surveillance
satellites, for significant military purposes,
including particularly for increasing the accuracy of
weapons or the situational awareness of operating
forces.
(6) Development by the People's Republic of China
of capabilities for denial of sea control, such as
advanced sea mines or improved submarine capabilities.
(7) Continued development by the People's Republic
of China of follow-on forces, particularly those
capable of rapid air or amphibious assault.
(c) Submission of Report.--The report shall be submitted to
Congress not later than February 1, 1997.
SEC. 1306. PRESIDENTIAL REPORT REGARDING WEAPONS PROLIFERATION AND
POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--The Congress finds that--
(1) the People's Republic of China acceded to the
Treaty on the Non-Proliferation of Nuclear Weapons
(hereafter in this section referred to as the ``NPT'')
on March 9, 1992;
(2) the People's Republic of China is not a member
of the Nuclear Suppliers Group and remains the only
major nuclear supplier that continues to transfer
nuclear technology, equipment, and materials to
countries that have not agreed to the application of
safeguards of the International Atomic Energy Agency
(hereafter in this section referred to as the ``IAEA'')
over all of their nuclear materials;
(3) on June 30, 1995, the United States and 29
other members of the Nuclear Suppliers Group notified
the Director General of the IAEA that the Government of
each respective country has decided that the controls
of that Group should not be defeated by the transfer of
component parts;
(4) a state-owned entity in the People's Republic
of China, the China Nuclear Energy Industry
Corporation, has knowingly transferred specially
designed ring magnets to an unsafeguarded uranium
enrichment facility in the Islamic Republic of
Pakistan;
(5) ring magnets are identified on the Trigger List
of the Nuclear Suppliers Group as a component of
magnetic suspension bearings which are to be exported
only to countries that have safeguards of the IAEA over
all of their nuclear materials;
(6) these ring magnets could contribute
significantly to the ability of the Islamic Republic of
Pakistan to produce additional unsafeguarded enriched
uranium, a nuclear explosive material;
(7) the Government of the People's Republic of
China has transferred nuclear equipment and technology
to the Islamic Republic of Iran, despite repeated
claims by the Government of the United States that the
Islamic Republic of Iran is engaged in clandestine
efforts to acquire a nuclear explosive device;
(8) representatives of the Government of the
People's Republic of China have repeatedly assured the
Government of the United States that the People's
Republic of China would abide by the guidelines of the
Missile Technology Control Regime (hereafter in this
section referred to as the ``MTCR'');
(9) the Government of China has transferred M-11
missiles to the Islamic Republic of Pakistan; and
(10) the M-11 missile conforms to the definition of
a nuclear-capable missile under the MTCR.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the assistance that the People's Republic of
China has provided to the Islamic Republic of Iran and
to the Islamic Republic of Pakistan could contribute to
the ability of such countries to manufacture nuclear
weapons;
(2) the recent transfer by the People's Republic of
China of ring magnets to an unsafeguarded uranium
enrichment facility in the Islamic Republic of Pakistan
conflicts with China's obligations under Articles I and
III of the NPT, as well as the official
nonproliferation policies and assurances by the
People's Republic of China and the Islamic Republic of
Pakistan with respect to the nonproliferation of
nuclear weapons and nuclear-capable missiles;
(3) the transfer of M-11 missiles from the People's
Republic of China to the Islamic Republic of Pakistan
is inconsistent with longstanding United States
Government interpretations of assurances from the
Government of the People's Republic of China with
respect to that country's intent to abide by the
guidelines of the MTCR;
(4) violations by the People's Republic of China of
the standards and objectives of the MTCR and global
nuclear nonproliferation regimes have jeopardized the
credibility of the MTCR and such regimes;
(5) the MTCR and global nuclear nonproliferation
regimes require collective international action to
impose costs against and to withhold benefits from any
country, including the People's Republic of China, that
engages in activities that are contrary to the
objectives of those regimes;
(6) the President should explore with the
governments of other countries new opportunities for
collective action in response to activities of any
country, including the People's Republic of China, that
aid or abet the global proliferation of weapons of mass
destruction or their means of delivery; and
(7) the President should communicate to the
Government of the People's Republic of China the sense
of the Congress that the stability and growth of future
relations between the people, the economies, and the
Governments of the United States and the People's
Republic of China will significantly depend upon
substantive evidence of cooperation by the Government
of the People's Republic of China in efforts to halt
the global proliferation of weapons of mass destruction
and their means of delivery.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the
Congress a report, in both classified and unclassified form,
concerning the transfer from the People's Republic of China to
the Islamic Republic of Pakistan of technology, equipment, or
materials important to the production of nuclear weapons and
their means of delivery. The President shall include in the
report the following:
(1) The specific justification of the Secretary of
State for determining that there was not a sufficient
basis for imposing sanctions under section 2(b)(4) of
the Export-Import Bank Act of 1945, as amended by
section 825 of the Nuclear Proliferation Prevention Act
of 1994, by reason of the transfer of ring magnets and
other technology, equipment, or materials from the
People's Republic of China to the Islamic Republic of
Pakistan.
(2) What commitment the United States Government is
seeking from the People's Republic of China to ensure
that the People's Republic of China establishes a fully
effective export control system that will prevent
transfers (such as the Pakistan sale) from taking place
in the future.
(3) A description of the pledges, assurances, and
other commitments made by representatives of the
Governments of the People's Republic of China and the
Islamic Republic of Pakistan to the Government of the
United States since January 1, 1991, with respect to
the nonproliferation of nuclear weapons or nuclear-
capable missiles, and an assessment of the record of
compliance with such undertakings.
(4) Whether, in light of the recent assurances
provided by the People's Republic of China, the
President intends to make the certification and submit
the report required by section 902(a)(6)(B) of the
Foreign Relations Authorization Act, Fiscal Years 1990
and 1991 (22 U.S.C. 2151 note), and make the
certification and submit the report required by Public
Law 99-183, relating to the approval and implementation
of the agreement for nuclear cooperation between the
United States and the People's Republic of China, and,
if not, why not.
(5) Whether the Secretary of State considers the
recent assurances and clarifications provided by the
People's Republic of China to have provided sufficient
information to allow the United States to determine
that the People's Republic of China is not in violation
of paragraph (2) of section 129 of the Atomic Energy
Act of 1954, as required by Public Law 99-183.
(6) If the President is unable or unwilling to make
the certifications and reports referred to in paragraph
(4), a description of what the President considers to
be the significance of the clarifications and
assurances provided by the People's Republic of China
in the course of the recent discussions regarding the
transfer by the People's Republic of China of nuclear-
weapon-related equipment to the Islamic Republic of
Pakistan.
(7) A description of the laws, regulations, and
procedures currently used by the People's Republic of
China to regulate exports of nuclear technology,
equipment, or materials, including dual-use goods, and
an assessment of the effectiveness of such
arrangements.
(8) A description of the current policies and
practices of other countries in response to the
transfer of nuclear and missile technology by the
People's Republic of China to the Islamic Republic of
Pakistan and the Islamic Republic of Iran.
SEC. 1307. UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT DEFENSE
CONVERSION COMMISSION.
None of the funds appropriated or otherwise available for
the Department of Defense for fiscal year 1997 or any prior
fiscal year may be obligated or expended for any activity
associated with the United States-People's Republic of China
Joint Defense Conversion Commission until 15 days after the
date on which the first semiannual report required by section
1343 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 487) is received by
Congress.
SEC. 1308. SENSE OF CONGRESS CONCERNING EXPORT CONTROLS.
(a) Findings.--The Congress makes the following findings:
(1) Export controls are a part of a comprehensive
response to national security threats. The export of a
United States commodity or technology should be
restricted in cases in which the export of the
commodity or technology would increase the threat to
the national security of the United States or would be
contrary to the nonproliferation goals or foreign
policy interests of the United States.
(2) The export of certain commodities and
technology may adversely affect the national security
and foreign policy of the United States by making a
significant contribution to the military potential of
countries or by enhancing the capability of countries
to design, develop, test, produce, stockpile, or use
weapons of mass destruction and missile delivery
systems, and other significant military capabilities.
Therefore, the administration of export controls should
emphasize the control of these exports.
(3) The acquisition of sensitive commodities and
technologies by those countries and end users whose
actions or policies run counter to United States
national security or foreign policy interests may
enhance the military capabilities of those countries,
particularly their ability to design, develop, test,
produce, stockpile, use, and deliver nuclear, chemical,
and biological weapons and missile delivery systems,
and other significant military capabilities. This
enhancement threatens the security of the United States
and its allies. The availability to countries and end
users of items that contribute to military capabilities
or the proliferation of weapons of mass destruction is
a fundamental concern of the United States and should
be eliminated through deterrence, negotiations, and
other appropriate means whenever possible.
(4) The national security of the United States
depends not only on wise foreign policies and a strong
defense, but also a vibrant national economy. To be
truly effective, export controls should be applied
uniformly by all suppliers.
(5) On November 8, 1995, the President continued
the national emergency declared in Executive Order No.
12938 of November 14, 1994, ``with respect to the
unusual and extraordinary threat to the national
security, foreign policy, and economy of the United
States posed by the proliferation of nuclear,
biological, and chemical weapons and the means of
delivering such weapons''.
(6) A successor regime to COCOM (the Coordinating
Committee for Multilateral Export Controls) has not
been established. Currently, each nation is determining
independently which dual-use military items, if any,
will be controlled for export.
(7) The United States should play a leading role in
promoting transparency and responsibility with regard
to the transfers of sensitive dual-use goods and
technologies.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) establishing an international export control
regime, empowered to control exports of dual-use
technology, is critically important and should be a top
priority for the United States; and
(2) the United States should strongly encourage its
allies and other friendly countries to--
(A) adopt export controls that are the same
or similar to the export controls imposed by
the United States on items on the Commerce
Control List;
(B) strengthen enforcement of their export
controls; and
(C) explore the use of unilateral export
controls where the possibility exists that an
export could contribute to the enhancement of
military capabilities or proliferation
described in paragraphs (3) and (5) of
subsection (a).
SEC. 1309. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Composition of the Committee.--Subsection (a) of
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by adding at
the end the following new paragraph:
``(5) The Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs shall serve as
executive secretary to the committee.''.
(b) Additional Purpose of the Committee.--Subsection
(b)(1)(A) of such section is amended by inserting ``and
efforts, including efforts to stem the proliferation of weapons
of mass destruction and to negate paramilitary and terrorist
threats involving weapons of mass destruction'' after
``counterproliferation policy''.
(c) Four-Year Extension of the Committee.--Subsection (f)
of such section is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 2000''.
(d) Reports on Counterproliferation Activities and
Programs.--Section 1503 of the National Defense Authorization
Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended--
(1) in subsection (a)--
(A) by striking out ``Report Required.--(1)
Not later than May 1, 1995 and May 1, 1996, the
Secretary'' and inserting in lieu thereof
``Annual Report Required.--Not later than May 1
of each year, the Secretary''; and
(B) by striking out paragraph (2); and
(2) by adding at the end the following new
subsections:
``(d) Review Committee Charter Defined.--For purposes of
this section, the term `Review Committee charter' means section
1605 of the National Defense Authorization Act for Fiscal Year
1994 (22 U.S.C. 2751 note).
``(e) Termination of Requirement.--The final report
required under subsection (a) is the report for the year
following the year in which the Counterproliferation Program
Review Committee established under the Review Committee Charter
ceases to exist.''.
SEC. 1310. SENSE OF CONGRESS CONCERNING ASSISTING OTHER COUNTRIES TO
IMPROVE SECURITY OF FISSILE MATERIAL.
(a) Findings.--Congress finds the following:
(1) With the end of the Cold War, the world is
faced with the need to manage the dismantling of vast
numbers of nuclear weapons and the disposition of the
fissile materials that they contain.
(2) If recently agreed reductions in nuclear
weapons are fully implemented, tens of thousands of
nuclear weapons, containing a hundred tons or more of
plutonium and many hundreds of tons of highly enriched
uranium, will no longer be needed for military
purposes.
(3) Plutonium and highly enriched uranium are the
essential ingredients of nuclear weapons.
(4) Limits on access to plutonium and highly
enriched uranium are the primary technical barrier to
acquiring nuclear weapons capability in the world
today.
(5) Several kilograms of plutonium, or several
times that amount of highly enriched uranium, are
sufficient to make a nuclear weapon.
(6) Plutonium and highly enriched uranium will
continue to pose a potential threat for as long as they
exist.
(7) Action is required to secure and account for
plutonium and highly enriched uranium.
(8) It is in the national interest of the United
States to--
(A) minimize the risk that fissile
materials could be obtained by unauthorized
parties;
(B) minimize the risk that fissile
materials could be reintroduced into the
arsenals from which they came, halting or
reversing the arms reduction process; and
(C) strengthen the national and
international control mechanisms and incentives
designed to ensure continued arms reductions
and prevent the spread of nuclear weapons.
(b) Sense of Congress.--In light of the findings contained
in subsection (a), it is the sense of Congress that the United
States has a national security interest in assisting other
countries to improve the security of their stocks of fissile
material.
SEC. 1311. REVIEW BY DIRECTOR OF CENTRAL INTELLIGENCE OF NATIONAL
INTELLIGENCE ESTIMATE 95-19.
(a) Review.--The Director of Central Intelligence shall
conduct a review of the underlying assumptions and conclusions
of the National Intelligence Estimate designated as NIE 95-19
and entitled ``Emerging Missile Threats to North America During
the Next 15 Years'', released by the Director in November 1995.
(b) Methodology for Review.--The Director shall carry out
the review under subsection (a) through a panel of independent,
nongovernmental individuals with appropriate expertise and
experience. Such a panel shall be convened by the Director not
later than 45 days after the date of the enactment of this Act.
(c) Report.--The Director shall submit the findings
resulting from the review under subsection (a), together with
any comments of the Director on the review and the findings, to
Congress not later than three months after the appointment of
the Commission under section 1321.
Subtitle B--Commission To Assess the Ballistic Missile Threat to the
United States
SEC. 1321. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission to Assess the
Ballistic Missile Threat to the United States'' (hereinafter in
this subtitle referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of nine
members appointed by the Director of Central Intelligence. In
selecting individuals for appointment to the Commission, the
Director should consult with--
(1) the Speaker of the House of Representatives
concerning the appointment of three of the members of
the Commission;
(2) the majority leader of the Senate concerning
the appointment of three of the members of the
Commission; and
(3) the minority leader of the House of
Representatives and the minority leader of the Senate
concerning the appointment of three of the members of
the Commission.
(c) Qualifications.--Members of the Commission shall be
appointed from among private United States citizens with
knowledge and expertise in the political and military aspects
of proliferation of ballistic missiles and the ballistic
missile threat to the United States.
(d) Chairman.--The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission to
serve as chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--(1) All
appointments to the Commission shall be made not later than 45
days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 30 days after the date as of which all members of
the Commission have been appointed, but not earlier than
October 15, 1996.
SEC. 1322. DUTIES OF COMMISSION.
(a) Review of Ballistic Missile Threat.--The Commission
shall assess the nature and magnitude of the existing and
emerging ballistic missile threat to the United States.
(b) Cooperation From Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of
Central Intelligence, and any other United States Government
official responsible for providing the Commission with
analyses, briefings, and other information necessary for the
fulfillment of its responsibilities.
SEC. 1323. REPORT.
The Commission shall, not later than six months after the
date of its first meeting, submit to the Congress a report on
its findings and conclusions.
SEC. 1324. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this subtitle, hold hearings,
sit and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency, and
any other Federal department or agency information that the
Commission considers necessary to enable the Commission to
carry out its responsibilities under this subtitle.
SEC. 1325. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for the
purpose of carrying out the Commission's duties. The actions of
each such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such a
panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is authorized
to take under this subtitle.
SEC. 1326. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay fixed under this paragraph for the staff director may
not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for
grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay payable for
level V of the Executive Schedule under section 5316 of such
title.
SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Director of Central Intelligence shall furnish the Commission,
on a reimbursable basis, any administrative and support
services requested by the Commission.
SEC. 1328. FUNDING.
Funds for activities of the Commission shall be provided
from amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for
fiscal year 1997. Upon receipt of a written certification from
the Chairman of the Commission specifying the funds required
for the activities of the Commission, the Secretary of Defense
shall promptly disburse to the Commission, from such amounts,
the funds required by the Commission as stated in such
certification.
SEC. 1329. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of
the submission of its report under section 1323.
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment--United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat Reduction programs on elimination or transportation of
nuclear weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1996''.
SEC. 1402. FINDINGS.
Congress makes the following findings:
(1) Weapons of mass destruction and related
materials and technologies are increasingly available
from worldwide sources. Technical information relating
to such weapons is readily available on the Internet,
and raw materials for chemical, biological, and
radiological weapons are widely available for
legitimate commercial purposes.
(2) The former Soviet Union produced and maintained
a vast array of nuclear, biological, and chemical
weapons of mass destruction.
(3) Many of the states of the former Soviet Union
retain the facilities, materials, and technologies
capable of producing additional quantities of weapons
of mass destruction.
(4) The disintegration of the former Soviet Union
was accompanied by disruptions of command and control
systems, deficiencies in accountability for weapons,
weapons-related materials and technologies, economic
hardships, and significant gaps in border control among
the states of the former Soviet Union. The problems of
organized crime and corruption in the states of the
former Soviet Union increase the potential for
proliferation of nuclear, radiological, biological, and
chemical weapons and related materials.
(5) The conditions described in paragraph (4) have
substantially increased the ability of potentially
hostile nations, terrorist groups, and individuals to
acquire weapons of mass destruction and related
materials and technologies from within the states of
the former Soviet Union and from unemployed scientists
who worked on those programs.
(6) As a result of such conditions, the capability
of potentially hostile nations and terrorist groups to
acquire nuclear, radiological, biological, and chemical
weapons is greater than any time in history.
(7) The President has identified North Korea, Iraq,
Iran, and Libya as hostile states which already possess
some weapons of mass destruction and are developing
others.
(8) The acquisition or the development and use of
weapons of mass destruction is well within the
capability of many extremist and terrorist movements,
acting independently or as proxies for foreign states.
(9) Foreign states can transfer weapons to or
otherwise aid extremist and terrorist movements
indirectly and with plausible deniability.
(10) Terrorist groups have already conducted
chemical attacks against civilian targets in the United
States and Japan, and a radiological attack in Russia.
(11) The potential for the national security of the
United States to be threatened by nuclear,
radiological, chemical, or biological terrorism must be
taken seriously.
(12) There is a significant and growing threat of
attack by weapons of mass destruction on targets that
are not military targets in the usual sense of the
term.
(13) Concomitantly, the threat posed to the
citizens of the United States by nuclear, radiological,
biological, and chemical weapons delivered by
unconventional means is significant and growing.
(14) Mass terror may result from terrorist
incidents involving nuclear, radiological, biological,
or chemical materials.
(15) Facilities required for production of
radiological, biological, and chemical weapons are much
smaller and harder to detect than nuclear weapons
facilities, and biological, and chemical weapons can be
deployed by alternative delivery means other than long-
range ballistic missiles.
(16) Covert or unconventional means of delivery of
nuclear, radiological, biological, and chemical weapons
include cargo ships, passenger aircraft, commercial and
private vehicles and vessels, and commercial cargo
shipments routed through multiple destinations.
(17) Traditional arms control efforts assume large
state efforts with detectable manufacturing programs
and weapons production programs, but are ineffective in
monitoring and controlling smaller, though potentially
more dangerous, unconventional proliferation efforts.
(18) Conventional counterproliferation efforts
would do little to detect or prevent the rapid
development of a capability to suddenly manufacture
several hundred chemical or biological weapons with
nothing but commercial supplies and equipment.
(19) The United States lacks adequate planning and
countermeasures to address the threat of nuclear,
radiological, biological, and chemical terrorism.
(20) The Department of Energy has established a
Nuclear Emergency Response Team which is available in
case of nuclear or radiological emergencies, but no
comparable units exist to deal with emergencies
involving biological, or chemical weapons or related
materials.
(21) State and local emergency response personnel
are not adequately prepared or trained for incidents
involving nuclear, radiological, biological, or
chemical materials.
(22) Exercises of the Federal, State, and local
response to nuclear, radiological, biological, or
chemical terrorism have revealed serious deficiencies
in preparedness and severe problems of coordination.
(23) The development of, and allocation of
responsibilities for, effective countermeasures to
nuclear, radiological, biological, or chemical
terrorism in the United States requires well-
coordinated participation of many Federal agencies, and
careful planning by the Federal Government and State
and local governments.
(24) Training and exercises can significantly
improve the preparedness of State and local emergency
response personnel for emergencies involving nuclear,
radiological, biological, or chemical weapons or
related materials.
(25) Sharing of the expertise and capabilities of
the Department of Defense, which traditionally has
provided assistance to Federal, State, and local
officials in neutralizing, dismantling, and disposing
of explosive ordnance, as well as radiological,
biological, and chemical materials, can be a vital
contribution to the development and deployment of
countermeasures against nuclear, biological, and
chemical weapons of mass destruction.
(26) The United States lacks effective policy
coordination regarding the threat posed by the
proliferation of weapons of mass destruction.
SEC. 1403. DEFINITIONS.
In this title:
(1) The term ``weapon of mass destruction'' means
any weapon or device that is intended, or has the
capability, to cause death or serious bodily injury to
a significant number of people through the release,
dissemination, or impact of--
(A) toxic or poisonous chemicals or their
precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ``independent states of the former
Soviet Union'' has the meaning given that term in
section 3 of the FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ``highly enriched uranium'' means
uranium enriched to 20 percent or more in the isotope
U-235.
Subtitle A--Domestic Preparedness
SEC. 1411. RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS
DESTRUCTION.
(a) Enhanced Response Capability.--In light of the
potential for terrorist use of weapons of mass destruction
against the United States, the President shall take immediate
action--
(1) to enhance the capability of the Federal
Government to prevent and respond to terrorist
incidents involving weapons of mass destruction; and
(2) to provide enhanced support to improve the
capabilities of State and local emergency response
agencies to prevent and respond to such incidents at
both the national and the local level.
(b) Report Required.--Not later than January 31, 1997, the
President shall transmit to Congress a report containing--
(1) an assessment of the capabilities of the
Federal Government to prevent and respond to terrorist
incidents involving weapons of mass destruction and to
support State and local prevention and response
efforts;
(2) requirements for improvements in those
capabilities; and
(3) the measures that should be taken to achieve
such improvements, including additional resources and
legislative authorities that would be required.
SEC. 1412. EMERGENCY RESPONSE ASSISTANCE PROGRAM.
(a) Program Required.--(1) The Secretary of Defense shall
carry out a program to provide civilian personnel of Federal,
State, and local agencies with training and expert advice
regarding emergency responses to a use or threatened use of a
weapon of mass destruction or related materials.
(2) The President may designate the head of an agency other
than the Department of Defense to assume the responsibility for
carrying out the program on or after October 1, 1999, and
relieve the Secretary of Defense of that responsibility upon
the assumption of the responsibility by the designated
official.
(3) In this section, the official responsible for carrying
out the program is referred to as the ``lead official''.
(b) Coordination.--In carrying out the program, the lead
official shall coordinate with each of the following officials
who is not serving as the lead official:
(1) The Director of the Federal Emergency
Management Agency.
(2) The Secretary of Energy.
(3) The Secretary of Defense.
(4) The heads of any other Federal, State, and
local government agencies that have an expertise or
responsibilities relevant to emergency responses
described in subsection (a)(1).
(c) Eligible Participants.--The civilian personnel eligible
to receive assistance under the program are civilian personnel
of Federal, State, and local agencies who have emergency
preparedness responsibilities.
(d) Involvement of Other Federal Agencies.--(1) The lead
official may use personnel and capabilities of Federal agencies
outside the agency of the lead official to provide training and
expert advice under the program.
(2)(A) Personnel used under paragraph (1) shall be
personnel who have special skills relevant to the particular
assistance that the personnel are to provide.
(B) Capabilities used under paragraph (1) shall be
capabilities that are especially relevant to the particular
assistance for which the capabilities are used.
(3) If the lead official is not the Secretary of Defense,
and requests assistance from the Department of Defense that, in
the judgment of the Secretary of Defense would affect military
readiness or adversely affect national security, the Secretary
of Defense may appeal the request for Department of Defense
assistance by the lead official to the President.
(e) Available Assistance.--Assistance available under this
program shall include the following:
(1) Training in the use, operation, and maintenance
of equipment for--
(A) detecting a chemical or biological
agent or nuclear radiation;
(B) monitoring the presence of such an
agent or radiation;
(C) protecting emergency personnel and the
public; and
(D) decontamination.
(2) Establishment of a designated telephonic link
(commonly referred to as a ``hot line'') to a
designated source of relevant data and expert advice
for the use of State or local officials responding to
emergencies involving a weapon of mass destruction or
related materials.
(3) Use of the National Guard and other reserve
components for purposes authorized under this section
that are specified by the lead official (with the
concurrence of the Secretary of Defense if the
Secretary is not the lead official).
(4) Loan of appropriate equipment.
(f) Limitations on Department of Defense Assistance to Law
Enforcement Agencies.--Assistance provided by the Department of
Defense to law enforcement agencies under this section shall be
provided under the authority of, and subject to the
restrictions provided in, chapter 18 of title 10, United States
Code.
(g) Administration of Department of Defense Assistance.--
The Secretary of Defense shall designate an official within the
Department of Defense to serve as the executive agent of the
Secretary for the coordination of the provision of Department
of Defense assistance under this section.
(h) Funding.--(1) Of the total amount authorized to be
appropriated under section 301, $35,000,000 is available for
the program required under this section.
(2) Of the amount available for the program pursuant to
paragraph (1), $10,500,000 is available for use by the
Secretary of Defense to assist the Secretary of Health and
Human Services in the establishment of metropolitan emergency
medical response teams (commonly referred to as ``Metropolitan
Medical Strike Force Teams'') to provide medical services that
are necessary or potentially necessary by reason of a use or
threatened use of a weapon of mass destruction.
(3) The amount available for the program under paragraph
(1) is in addition to any other amounts authorized to be
appropriated for the program under section 301.
SEC. 1413. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.
(a) Department of Defense.--The Secretary of Defense shall
designate an official within the Department of Defense as the
executive agent for--
(1) the coordination of Department of Defense
assistance to Federal, State, and local officials in
responding to threats involving biological or chemical
weapons or related materials or technologies, including
assistance in identifying, neutralizing, dismantling,
and disposing of biological and chemical weapons and
related materials and technologies; and
(2) the coordination of Department of Defense
assistance to the Department of Energy in carrying out
that department's responsibilities under subsection
(b).
(b) Department of Energy.--The Secretary of Energy shall
designate an official within the Department of Energy as the
executive agent for--
(1) the coordination of Department of Energy
assistance to Federal, State, and local officials in
responding to threats involving nuclear, chemical, and
biological weapons or related materials or
technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of nuclear
weapons and related materials and technologies; and
(2) the coordination of Department of Energy
assistance to the Department of Defense in carrying out
that department's responsibilities under subsection
(a).
(c) Funding.--Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for
providing assistance described in subsection (a).
SEC. 1414. CHEMICAL-BIOLOGICAL EMERGENCY RESPONSE TEAM.
(a) Department of Defense Rapid Response Team.--The
Secretary of Defense shall develop and maintain at least one
domestic terrorism rapid response team composed of members of
the Armed Forces and employees of the Department of Defense who
are capable of aiding Federal, State, and local officials in
the detection, neutralization, containment, dismantlement, and
disposal of weapons of mass destruction containing chemical,
biological, or related materials.
(b) Addition to Federal Response Plan.--Not later than
December 31, 1997, the Director of the Federal Emergency
Management Agency shall develop and incorporate into existing
Federal emergency response plans and programs prepared under
section 611(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on the
use and deployment of the rapid response teams established
under this section to respond to emergency involving weapons of
mass destruction. The Director shall carry out this subsection
in consultation with the Secretary of Defense and the heads of
other Federal agencies involved with the emergency response
plans.
SEC. 1415. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR,
RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL WEAPONS.
(a) Emergencies Involving Chemical or Biological Weapons.--
(1) The Secretary of Defense shall develop and carry out a
program for testing and improving the responses of Federal,
State, and local agencies to emergencies involving biological
weapons and related materials and emergencies involving
chemical weapons and related materials.
(2) The program shall include exercises to be carried out
during each of five successive fiscal years beginning with
fiscal year 1997.
(3) In developing and carrying out the program, the
Secretary shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Federal Emergency
Management Agency, the Secretary of Energy, and the heads of
any other Federal, State, and local government agencies that
have an expertise or responsibilities relevant to emergencies
described in paragraph (1).
(b) Emergencies Involving Nuclear and Radiological
Weapons.--(1) The Secretary of Energy shall develop and carry
out a program for testing and improving the responses of
Federal, State, and local agencies to emergencies involving
nuclear and radiological weapons and related materials.
(2) The program shall include exercises to be carried out
during each of five successive fiscal years beginning with
fiscal year 1997.
(3) In developing and carrying out the program, the
Secretary shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Federal Emergency
Management Agency, the Secretary of Defense, and the heads of
any other Federal, State, and local government agencies that
have an expertise or responsibilities relevant to emergencies
described in paragraph (1).
(c) Annual Revisions of Programs.--The official responsible
for carrying out a program developed under subsection (a) or
(b) shall revise the program not later than June 1 in each
fiscal year covered by the program. The revisions shall include
adjustments that the official determines necessary or
appropriate on the basis of the lessons learned from the
exercise or exercises carried out under the program in the
fiscal year, including lessons learned regarding coordination
problems and equipment deficiencies.
(d) Option To Transfer Responsibility.--(1) The President
may designate the head of an agency outside the Department of
Defense to assume the responsibility for carrying out the
program developed under subsection (a) beginning on or after
October 1, 1999, and relieve the Secretary of Defense of that
responsibility upon the assumption of the responsibility by the
designated official.
(2) The President may designate the head of an agency
outside the Department of Energy to assume the responsibility
for carrying out the program developed under subsection (b)
beginning on or after October 1, 1999, and relieve the
Secretary of Energy of that responsibility upon the assumption
of the responsibility by the designated official.
(e) Funding.--Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for
the development and execution of the programs required by this
section, including the participation of State and local
agencies in exercises carried out under the programs.
SEC. 1416. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT OFFICIALS IN
EMERGENCY SITUATIONS INVOLVING BIOLOGICAL OR
CHEMICAL WEAPONS.
(a) Assistance Authorized.--(1) Chapter 18 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 382. Emergency situations involving chemical or biological
weapons of mass destruction
``(a) In General.--The Secretary of Defense, upon the
request of the Attorney General, may provide assistance in
support of Department of Justice activities relating to the
enforcement of section 175 or 2332c of title 18 during an
emergency situation involving a biological or chemical weapon
of mass destruction. Department of Defense resources, including
personnel of the Department of Defense, may be used to provide
such assistance if--
``(1) the Secretary of Defense and the Attorney
General jointly determine that an emergency situation
exists; and
``(2) the Secretary of Defense determines that the
provision of such assistance will not adversely affect
the military preparedness of the United States.
``(b) Emergency Situations Covered.--In this section, the
term `emergency situation involving a biological or chemical
weapon of mass destruction' means a circumstance involving a
biological or chemical weapon of mass destruction--
``(1) that poses a serious threat to the interests
of the United States; and
``(2) in which--
``(A) civilian expertise and capabilities
are not readily available to provide the
required assistance to counter the threat
immediately posed by the weapon involved;
``(B) special capabilities and expertise of
the Department of Defense are necessary and
critical to counter the threat posed by the
weapon involved; and
``(C) enforcement of section 175 or 2332c
of title 18 would be seriously impaired if the
Department of Defense assistance were not
provided.
``(c) Forms of Assistance.--The assistance referred to in
subsection (a) includes the operation of equipment (including
equipment made available under section 372 of this title) to
monitor, contain, disable, or dispose of the weapon involved or
elements of the weapon.
``(d) Regulations.--(1) The Secretary of Defense and the
Attorney General shall jointly prescribe regulations concerning
the types of assistance that may be provided under this
section. Such regulations shall also describe the actions that
Department of Defense personnel may take in circumstances
incident to the provision of assistance under this section.
``(2)(A) Except as provided in subparagraph (B), the
regulations may not authorize the following actions:
``(i) Arrest.
``(ii) Any direct participation in conducting a
search for or seizure of evidence related to a
violation of section 175 or 2332c of title 18.
``(iii) Any direct participation in the collection
of intelligence for law enforcement purposes.
``(B) The regulations may authorize an action described in
subparagraph (A) to be taken under the following conditions:
``(i) The action is considered necessary for the
immediate protection of human life, and civilian law
enforcement officials are not capable of taking the
action.
``(ii) The action is otherwise authorized under
subsection (c) or under otherwise applicable law.
``(e) Reimbursements.--The Secretary of Defense shall
require reimbursement as a condition for providing assistance
under this section to the extent required under section 377 of
this title.
``(f) Delegations of Authority.--(1) Except to the extent
otherwise provided by the Secretary of Defense, the Deputy
Secretary of Defense may exercise the authority of the
Secretary of Defense under this section. The Secretary of
Defense may delegate the Secretary's authority under this
section only to an Under Secretary of Defense or an Assistant
Secretary of Defense and only if the Under Secretary or
Assistant Secretary to whom delegated has been designated by
the Secretary to act for, and to exercise the general powers
of, the Secretary.
``(2) Except to the extent otherwise provided by the
Attorney General, the Deputy Attorney General may exercise the
authority of the Attorney General under this section. The
Attorney General may delegate that authority only to the
Associate Attorney General or an Assistant Attorney General and
only if the Associate Attorney General or Assistant Attorney
General to whom delegated has been designated by the Attorney
General to act for, and to exercise the general powers of, the
Attorney General.
``(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.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``382. Emergency situations involving chemical or biological weapons of
mass destruction.''.
(b) Conforming Amendment to Condition for Providing
Equipment and Facilities.--Section 372(b)(1) of title 10,
United States Code, is amended by adding at the end the
following new sentence: ``The requirement for a determination
that an item is not reasonably available from another source
does not apply to assistance provided under section 382 of this
title pursuant to a request of the Attorney General for the
assistance.''.
(c) Conforming Amendments Relating to Authority To Request
Assistance.--(1)(A) Chapter 10 of title 18, United States Code,
is amended by inserting after section 175 the following new
section:
``Sec. 175a. Requests for military assistance to enforce prohibition in
certain emergencies
``The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in support
of Department of Justice activities relating to the enforcement
of section 175 of this title in an emergency situation
involving a biological weapon of mass destruction. The
authority to make such a request may be exercised by another
official of the Department of Justice in accordance with
section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 175
the following new item:
``175a. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(2)(A) The chapter 133B of title 18, United States Code,
that relates to terrorism is amended by inserting after section
2332c the following new section:
``Sec. 2332d. Requests for military assistance to enforce prohibition
in certain emergencies
``The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in support
of Department of Justice activities relating to the enforcement
of section 2332c of this title during an emergency situation
involving a chemical weapon of mass destruction. The authority
to make such a request may be exercised by another official of
the Department of Justice in accordance with section 382(f)(2)
of title 10.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2332c the following new item:
``2332d. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(d) Civilian Expertise.--The President shall take
reasonable measures to reduce the reliance of civilian law
enforcement officials on Department of Defense resources to
counter the threat posed by the use or potential use of
biological and chemical weapons of mass destruction within the
United States. The measures shall include--
(1) actions to increase civilian law enforcement
expertise to counter such a threat; and
(2) actions to improve coordination between
civilian law enforcement officials and other civilian
sources of expertise, within and outside the Federal
Government, to counter such a threat.
(e) Reports.--The President shall submit to Congress the
following reports:
(1) Not later than 90 days after the date of the
enactment of this Act, a report describing the
respective policy functions and operational roles of
Federal agencies in countering the threat posed by the
use or potential use of biological and chemical weapons
of mass destruction within the United States.
(2) Not later than one year after such date, a
report describing--
(A) the actions planned to be taken to
carry out subsection (d); and
(B) the costs of such actions.
(3) Not later than three years after such date, a
report updating the information provided in the reports
submitted pursuant to paragraphs (1) and (2), including
the measures taken pursuant to subsection (d).
SEC. 1417. RAPID RESPONSE INFORMATION SYSTEM.
(a) Inventory of Rapid Response Assets.--(1) The head of
each Federal Response Plan agency shall develop and maintain an
inventory of physical equipment and assets under the
jurisdiction of that agency that could be made available to aid
State and local officials in search and rescue and other
disaster management and mitigation efforts associated with an
emergency involving weapons of mass destruction. The agency
head shall submit a copy of the inventory, and any updates of
the inventory, to the Director of the Federal Emergency
Management Agency for inclusion in the master inventory
required under subsection (b).
(2) Each inventory shall include a separate listing of any
equipment that is excess to the needs of that agency and could
be considered for disposal as excess or surplus property for
use for response and training with regard to emergencies
involving weapons of mass destruction.
(b) Master Inventory.--The Director of the Federal
Emergency Management Agency shall compile and maintain a
comprehensive listing of all inventories prepared under
subsection (a). The first such master list shall be completed
not later than December 31, 1997, and shall be updated annually
thereafter.
(c) Addition to Federal Response Plan.--Not later than
December 31, 1997, the Director of the Federal Emergency
Management Agency shall develop and incorporate into existing
Federal emergency response plans and programs prepared under
section 611(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on
accessing and using the physical equipment and assets included
in the master list developed under subsection to respond to
emergencies involving weapons of mass destruction.
(d) Database on Chemical and Biological Materials.--The
Director of the Federal Emergency Management Agency, in
consultation with the Secretary of Defense, shall prepare a
database on chemical and biological agents and munitions
characteristics and safety precautions for civilian use. The
initial design and compilation of the database shall be
completed not later than December 31, 1997.
(e) Access to Inventory and Database.--The Director of the
Federal Emergency Management Agency shall design and maintain a
system to give Federal, State, and local officials access to
the inventory listing and database maintained under this
section in the event of an emergency involving weapons of mass
destruction or to prepare and train to respond to such an
emergency. The system shall include a secure but accessible
emergency response hotline to access information and request
assistance.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
SEC. 1421. PROCUREMENT OF DETECTION EQUIPMENT--UNITED STATES BORDER
SECURITY.
Of the amount authorized to be appropriated by section 301,
$15,000,000 is available for the procurement of--
(1) equipment capable of detecting the movement of
weapons of mass destruction and related materials into
the United States;
(2) equipment capable of interdicting the movement
of weapons of mass destruction and related materials
into the United States; and
(3) materials and technologies related to use of
equipment described in paragraph (1) or (2).
SEC. 1422. EXTENSION OF COVERAGE OF INTERNATIONAL EMERGENCY ECONOMIC
POWERS ACT.
Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended--
(1) in subsection (a), by inserting ``, or attempts
to violate,'' after ``violates''; and
(2) in subsection (b), by inserting ``, or
willfully attempts to violate,'' after ``violates''.
SEC. 1423. SENSE OF CONGRESS CONCERNING CRIMINAL PENALTIES.
(a) Sense of Congress Concerning Inadequacy of Sentencing
Guidelines.--It is the sense of Congress that the sentencing
guidelines prescribed by the United States Sentencing
Commission for the offenses of importation, attempted
importation, exportation, and attempted exportation of nuclear,
biological, and chemical weapons materials constitute
inadequate punishment for such offenses.
(b) Urging of Revision to Guidelines.--Congress urges the
United States Sentencing Commission to revise the relevant
sentencing guidelines to provide for increased penalties for
offenses relating to importation, attempted importation,
exportation, and attempted exportation of nuclear, biological,
or chemical weapons or related materials or technologies under
the following provisions of law:
(1) Section 11 of the Export Administration Act of
1979 (50 U.S.C. App. 2410).
(2) Sections 38 and 40 the Arms Export Control Act
(22 U.S.C. 2778 and 2780).
(3) The International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
(4) Section 309(c) of the Nuclear Non-Proliferation
Act of 1978 (22 U.S.C. 2156a(c).
SEC. 1424. INTERNATIONAL BORDER SECURITY.
(a) Secretary of Defense Responsibility.--The Secretary of
Defense, in consultation and cooperation with the Commissioner
of Customs, shall carry out programs for assisting customs
officials and border guard officials in the independent states
of the former Soviet Union, the Baltic states, and other
countries of Eastern Europe in preventing unauthorized transfer
and transportation of nuclear, biological, and chemical weapons
and related materials. Training, expert advice, maintenance of
equipment, loan of equipment, and audits may be provided under
or in connection with the programs.
(b) Funding.--Of the total amount authorized to be
appropriated by section 301, $15,000,000 is available for
carrying out the programs referred to in subsection (a).
(c) Assistance to States of the Former Soviet Union.--
Assistance under programs referred to in subsection (a) may
(notwithstanding any provision of law prohibiting the extension
of foreign assistance to any of the newly independents state of
the former Soviet Union) be extended to include an independent
state of the former Soviet Union if the President certifies to
Congress that it is in the national interest of the United
States to extend assistance under this section to that state.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
SEC. 1431. COVERAGE OF WEAPONS-USABLE FISSILE MATERIALS IN COOPERATIVE
THREAT REDUCTION PROGRAMS ON ELIMINATION OR
TRANSPORTATION OF NUCLEAR WEAPONS.
Section 1201(b)(1) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469; 22
U.S.C. 5955 note) is amended by inserting ``, fissile material
suitable for use in nuclear weapons,'' after ``other weapons''.
SEC. 1432. ELIMINATION OF PLUTONIUM PRODUCTION.
(a) Replacement Program.--The Secretary of Energy, in
consultation with the Secretary of Defense, shall develop a
cooperative program with the Government of Russia to eliminate
the production of weapons grade plutonium by modifying or
replacing the reactor cores at Tomsk-7 and Krasnoyarsk-26 with
reactor cores that are less suitable for the production of
weapons-grade plutonium.
(b) Program Requirements.--(1) The program shall be
designed to achieve completion of the modifications or
replacements of the reactor cores within three years after the
modification or replacement activities under the program are
begun.
(2) The plan for the program shall--
(A) specify--
(i) successive steps for the modification
or replacement of the reactor cores; and
(ii) clearly defined milestones to be
achieved; and
(B) include estimates of the costs of the program.
(c) Submission of Program Plan to Congress.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress--
(1) a plan for the program under subsection (a);
(2) an estimate of the United States funding that
is necessary for carrying out the activities under the
program for each fiscal year covered by the program;
and
(3) a comparison of the benefits of the program
with the benefits of other nonproliferation programs.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
SEC. 1441. NATIONAL COORDINATOR ON NONPROLIFERATION.
(a) Designation of Position.--The President shall designate
an individual to serve in the Executive Office of the President
as the National Coordinator for Nonproliferation Matters.
(b) Duties.--The Coordinator, under the direction of the
National Security Council, shall advise and assist the
President by--
(1) advising the President on nonproliferation of
weapons of mass destruction, including issues related
to terrorism, arms control, and international organized
crime.
(2) chairing the Committee on Nonproliferation
established under section 1342; and
(3) taking such actions as are necessary to ensure
that there is appropriate emphasis in, cooperation on,
and coordination of, nonproliferation research efforts
of the United States, including activities of Federal
agencies as well as activities of contractors funded by
the Federal Government.
(c) Allocation of Funds.--Of the total amount authorized to
be appropriated under section 301, $2,000,000 is available to
the Department of Defense for carrying out research referred to
in subsection (b)(3).
SEC. 1442. NATIONAL SECURITY COUNCIL COMMITTEE ON NONPROLIFERATION.
(a) Establishment.--The Committee on Nonproliferation (in
this section referred to as the ``Committee'') is established
as a committee of the National Security Council.
(b) Membership.--(1) The Committee shall be composed of
representatives of the following:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Director of Central Intelligence.
(D) The Attorney General.
(E) The Secretary of Energy.
(F) The Administrator of the Federal Emergency
Management Agency.
(G) The Secretary of the Treasury.
(H) The Secretary of Commerce.
(I) Such other members as the President may
designate.
(2) The National Coordinator for Nonproliferation Matters
shall chair the Committee on Nonproliferation.
(c) Responsibilities.--The Committee has the following
responsibilities:
(1) To review and coordinate Federal programs,
policies, and directives relating to the proliferation
of weapons of mass destruction and related materials
and technologies, including matters relating to
terrorism and international organized crime.
(2) To make recommendations through the National
Security Council to the President regarding the
following:
(A) Integrated national policies for
countering the threats posed by weapons of mass
destruction.
(B) Options for integrating Federal agency
budgets for countering such threats.
(C) Means to ensure that the Federal,
State, and local governments have adequate
capabilities to manage crises involving
nuclear, radiological, biological, or chemical
weapons or related materials or technologies,
and to manage the consequences of a use of such
a weapon or related materials or technologies,
and that use of those capabilities is
coordinated.
(D) Means to ensure appropriate cooperation
on, and coordination of, the following:
(i) Preventing the smuggling of
weapons of mass destruction and related
materials and technologies.
(ii) Promoting domestic and
international law enforcement efforts
against proliferation-related efforts.
(iii) Countering the involvement of
organized crime groups in
proliferation-related activities.
(iv) Safeguarding weapons of mass
destruction materials and related
technologies.
(v) Improving coordination and
cooperation among intelligence
activities, law enforcement, and the
Departments of Defense, State,
Commerce, and Energy in support of
nonproliferation and
counterproliferation efforts.
(vi) Improving export controls over
materials and technologies that can
contribute to the acquisition of
weapons of mass destruction.
(vii) Reducing proliferation of
weapons of mass destruction and related
materials and technologies.
SEC. 1443. COMPREHENSIVE PREPAREDNESS PROGRAM.
(a) Program Required.--The President, acting through the
Committee on Nonproliferation established under section 1442,
shall develop a comprehensive program for carrying out this
title.
(b) Content of Program.--The program set forth in the
report shall include specific plans as follows:
(1) Plans for countering proliferation of weapons
of mass destruction and related materials and
technologies.
(2) Plans for training and equipping Federal,
State, and local officials for managing a crisis
involving a use or threatened use of a weapon of mass
destruction, including the consequences of the use of
such a weapon.
(3) Plans for providing for regular sharing of
information among intelligence, law enforcement, and
customs agencies.
(4) Plans for training and equipping law
enforcement units, customs services, and border
security personnel to counter the smuggling of weapons
of mass destruction and related materials and
technologies.
(5) Plans for establishing appropriate centers for
analyzing seized nuclear, radiological, biological, and
chemical weapons, and related materials and
technologies.
(6) Plans for establishing in the United States
appropriate legal controls and authorities relating to
the exporting of nuclear, radiological, biological, and
chemical weapons, and related materials and
technologies.
(7) Plans for encouraging and assisting governments
of foreign countries to implement and enforce laws that
set forth appropriate penalties for offenses regarding
the smuggling of weapons of mass destruction and
related materials and technologies.
(8) Plans for building the confidence of the United
States and Russia in each other's controls over United
States and Russian nuclear weapons and fissile
materials, including plans for verifying the
dismantlement of nuclear weapons.
(9) Plans for reducing United States and Russian
stockpiles of excess plutonium, reflecting--
(A) consideration of the desirability and
feasibility of a United States-Russian
agreement governing fissile material
disposition and the specific technologies and
approaches to be used for disposition of excess
plutonium; and
(B) an assessment of the options for United
States cooperation with Russia in the
disposition of Russian plutonium.
(10) Plans for studying the merits and costs of
establishing a global network of means for detecting
and responding to terroristic or other criminal use of
biological agents against people or other forms of life
in the United States or any foreign country.
(c) Report.--(1) At the same time that the President
submits the budget for fiscal year 1998 to Congress pursuant to
section 1105(a) of title 31, United States Code, the President
shall submit to Congress a report that sets forth the
comprehensive program developed under subsection (a).
(2) The report shall include the following:
(A) The specific plans for the program that are
required under subsection (b).
(B) Estimates of the funds necessary, by agency or
department, for carrying out such plans in fiscal year
1998 and the following five fiscal years.
(3) The report shall be in an unclassified form. If there
is a classified version of the report, the President shall
submit the classified version at the same time.
SEC. 1444. TERMINATION.
After September 30, 1999, the President--
(1) is not required to maintain a National
Coordinator for Nonproliferation Matters under section
1341; and
(2) may terminate the Committee on Nonproliferation
established under section 1342.
Subtitle E--Miscellaneous
SEC. 1451. SENSE OF CONGRESS CONCERNING CONTRACTING POLICY.
It is the sense of Congress that the Secretary of Defense,
the Secretary of Energy, the Secretary of the Treasury, and the
Secretary of State, to the extent authorized by law, should--
(1) contract directly with suppliers in independent
states of the former Soviet Union when such action
would--
(A) result in significant savings of the
programs referred to in subtitle C; and
(B) substantially expedite completion of
the programs referred to in subtitle C; and
(2) seek means to use innovative contracting
approaches to avoid delay and increase the
effectiveness of such programs and of the exercise of
such authorities.
SEC. 1452. TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT REDUCTION
PROGRAMS.
Congress finds that--
(1) the various Cooperative Threat Reduction
programs are being carried out at different rates in
the various countries covered by such programs; and
(2) it is necessary to authorize transfers of
funding allocations among the various programs in order
to maximize the effectiveness of United States efforts
under such programs.
SEC. 1453. SENSE OF CONGRESS CONCERNING ASSISTANCE TO STATES OF FORMER
SOVIET UNION.
It is the sense of Congress that--
(1) the Cooperative Threat Reduction programs and
other United States programs authorized in the National
Defense Authorization Act for Fiscal Years 1993 and
1994 should be expanded by offering assistance under
those programs to other independent states of the
former Soviet Union in addition to Russia, Ukraine,
Kazakstan, and Belarus; and
(2) the President should offer assistance to
additional independent states of the former Soviet
Union in each case in which the participation of such
states would benefit national security interests of the
United States by improving border controls and
safeguards over materials and technology associated
with weapons of mass destruction.
SEC. 1454. PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM RUSSIAN HIGHLY
ENRICHED URANIUM.
(a) Sense of Congress.--It is the sense of Congress that
the allies of the United States and other nations should
participate in efforts to ensure that stockpiles of weapons-
grade nuclear material are reduced.
(b) Actions by the Secretary of State.--Congress urges the
Secretary of State to encourage, in consultation with the
Secretary of Energy, other countries to purchase low-enriched
uranium that is derived from highly enriched uranium extracted
from Russian nuclear weapons.
SEC. 1455. SENSE OF CONGRESS CONCERNING PURCHASE, PACKAGING, AND
TRANSPORTATION OF FISSILE MATERIALS AT RISK OF
THEFT.
It is the sense of Congress that--
(1) the Secretary of Defense, the Secretary of
Energy, the Secretary of the Treasury, and the
Secretary of State should purchase, package, and
transport to secure locations weapons-grade nuclear
materials from a stockpile of such materials if such
officials determine that--
(A) there is a significant risk of theft of
such materials; and
(B) there is no reasonable and economically
feasible alternative for securing such
materials; and
(2) if it is necessary to do so in order to secure
the materials, the materials should be imported into
the United States, subject to the laws and regulations
that are applicable to the importation of such
materials into the United States.
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
SEC. 1501. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsection (b).
(b) Specified Programs.--The programs referred to in
subsection (a) are 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, weapons components, and weapons-related
technology and expertise.
(4) Programs to expand military-to-military and
defense contacts.
SEC. 1502. FISCAL YEAR 1997 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs, not more than the following amounts
may be obligated for the purposes specified:
(1) For planning and design of a chemical weapons
destruction facility in Russia, $78,500,000.
(2) For elimination of strategic offensive arms in
Russia, $52,000,000.
(3) For strategic nuclear arms elimination in
Ukraine, $47,000,000.
(4) For planning and design of a storage facility
for Russian fissile material, $66,000,000.
(5) For fissile material containers in Russia,
$38,500,000.
(6) For weapons storage security in Russia,
$15,000,000.
(7) For activities designated as Defense and
Military-to-Military Contacts in Russia, Ukraine,
Belarus, and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/
Administrative Support $20,900,000.
(9) For materials protection, control, and
accounting assistance or for destruction of nuclear,
radiological, biological, or chemical weapons or
related materials at any site within the former Soviet
Union, $10,000,000.
(10) For transfer to the Secretary of Energy to
develop a cooperative program with the Government of
Russia to eliminate the production of weapons grade
plutonium at Russian reactors, $10,000,000.
(11) For dismantlement of biological and chemical
weapons facilities in the former Soviet Union,
$15,000,000.
(12) For expanding military-to-military programs of
the United States that focus on countering the threat
of proliferation of weapons of mass destruction to
include the security forces of the independent states
of the former Soviet Union, particularly states in the
Caucasus region and Central Asia, $2,000,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If
the Secretary of Defense determines that it is necessary to do
so in the national interest, the Secretary may, subject to
paragraph (2), obligate amounts for the purposes stated in any
of the paragraphs of subsection (a) in excess of the amount
specified for those purposes in that paragraph, but not in
excess of 115 percent of that amount. However, the total amount
obligated for the purposes stated in the paragraphs in
subsection (a) may not by reason of the use of the authority
provided in the preceding sentence exceed the sum of the
amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress a
notification of the intent to do so together with a
complete discussion of the justification for doing so;
and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1503. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--None of the funds appropriated pursuant to
the authorization in section 301 for Cooperative Threat
Reduction programs, or appropriated for such programs for any
prior fiscal year and remaining available for obligation, may
be obligated or expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping
exercise or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote
environmental restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated to the Department
of Defense for fiscal year 1997 may be obligated or expended
for defense conversion.
SEC. 1504. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED REPORTS ARE
SUBMITTED.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended until 15 days after the
date which is the latest of the following:
(1) The date on which the President submits to
Congress the determinations required under subsection
(c) of section 211 of Public Law 102-228 (22 U.S.C.
2551 note) with respect to any certification
transmitted to Congress under subsection (b) of that
section before the date of the enactment of this Act.
(2) The date on which the Secretary of Defense
submits to Congress the first report under section
1206(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471).
(3) The date on which the Secretary of Defense
submits to Congress the report for fiscal year 1996
required under section 1205(c) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2883).
SEC. 1505. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Reduction
programs shall be available for obligation for three fiscal
years.
TITLE XVI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle B--Department of Defense Intelligence Personnel Policy
Sec. 1631. Short title.
Sec. 1632. Management of civilian intelligence personnel.
Sec. 1633. Repeal of superseded sections and clerical and conforming
amendments.
Sec. 1634. Other personnel management authorities.
Sec. 1635. Effective date.
Subtitle B--Department of Defense Intelligence Personnel Policy
SEC. 1631. SHORT TITLE.
This subtitle may be cited as the ``Department of Defense
Civilian Intelligence Personnel Policy Act of 1996''.
SEC. 1632. MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL.
(a) Consolidation and Standardization of Civilian Personnel
Policy.--Chapter 83 of title 10, United States Code, is
amended--
(1) by redesignating section 1602 as section 1621
and transferring that section so as to appear after
section 1605;
(2) by redesignating sections 1606 and 1608 as
section 1622 and 1623, respectively; and
(3) by striking out the chapter heading, the table
of sections, and sections 1601, 1603, and 1604 and
inserting in lieu thereof the following:
``CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
``Subchapter Sec.
``I. Defense-Wide Intelligence Personnel Policy................... 1601
``II. Defense Intelligence Agency Personnel....................... 1621
``SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
``Sec.
``1601. Civilian intelligence personnel: general authority to establish
excepted positions, appoint personnel, and fix rates of pay.
``1602. Basic pay.
``1603. Additional compensation, incentives, and allowances.
``1605. Benefits for certain employees assigned outside the United
States.
``1606. Defense Intelligence Senior Executive Service.
``1607. Intelligence Senior Level positions.
``1608. Time-limited appointments.
``1609. Termination of defense intelligence employees.
``1610. Reductions and other adjustments in force.
``1611. Postemployment assistance: certain terminated intelligence
employees.
``1612. Merit system principles and civil service protections:
applicability.
``1613. Miscellaneous provisions.
``1614. Definitions.
``Sec. 1601. Civilian intelligence personnel: general authority to
establish excepted positions, appoint personnel,
and fix rates of pay
``(a) General Authority.--The Secretary of Defense may--
``(1) establish, as positions in the excepted
service, such defense intelligence positions in the
intelligence components of the Department of Defense
and the military departments as the Secretary
determines necessary to carry out the intelligence
functions of those components and departments,
including--
``(A) Intelligence Senior Level positions
designated under section 1607 of this title;
and
``(B) positions in the Defense Intelligence
Senior Executive Service;
``(2) appoint individuals to those positions (after
taking into consideration the availability of
preference eligibles for appointment to those
positions); and
``(3) fix the compensation of such individuals for
service in those positions.
``(b) Construction With Other Laws.--The authority of the
Secretary of Defense under subsection (a) applies without
regard to the provisions of any other law relating to the
appointment, number, classification, or compensation of
employees.
``Sec. 1602. Basic pay
``(a) Authority To Fix Rates of Basic Pay.--The Secretary
of Defense (subject to the provisions of this section) shall
fix the rates of basic pay for positions established under
section 1601 of this title in relation to the rates of basic
pay provided in subpart D of part III of title 5 for positions
subject to that subpart which have corresponding levels of
duties and responsibilities.
``(b) Maximum Rates.--A rate of basic pay fixed under
subsection (a) for a position established under section 1601 of
this title may not (except as otherwise provided by law)
exceed--
``(1) in the case of a Defense Intelligence Senior
Executive Service position, the maximum rate provided
in section 5382 of title 5;
``(2) in the case of an Intelligence Senior Level
position, the maximum rate provided in section 5382 of
title 5; and
``(3) in the case of any other position, the
maximum rate provided in section 5306(e) of title 5.
``(c) Prevailing Rate Systems.--The Secretary of Defense
may, consistent with section 5341 of title 5, adopt such
provisions of that title as provide for prevailing rate systems
of basic pay and may apply those provisions to positions for
civilian employees in or under which the Department of Defense
may employ individuals described by section 5342(a)(2)(A) of
that title.
``Sec. 1603. Additional compensation, incentives, and allowances
``(a) Additional Compensation Based on Title 5
Authorities.--The Secretary of Defense may provide employees in
defense intelligence positions compensation (in addition to
basic pay), including benefits, incentives, and allowances,
consistent with, and not in excess of the level authorized for,
comparable positions authorized by title 5.
``(b) Allowances Based on Living Costs and Environment.--
(1) In addition to basic pay, employees in defense intelligence
positions who are citizens or nationals of the United States
and are stationed outside the continental United States or in
Alaska may be paid an allowance, in accordance with regulations
prescribed by the Secretary of Defense, while they are so
stationed.
``(2) An allowance under this subsection shall be based
on--
``(A) living costs substantially higher than in the
District of Columbia;
``(B) conditions of environment which (i) differ
substantially from conditions of environment in the
continental United States, and (ii) warrant an
allowance as a recruitment incentive; or
``(C) both of the factors specified in
subparagraphs (A) and (B).
``(3) An allowance under this subsection may not exceed the
allowance authorized to be paid by section 5941(a) of title 5
for employees whose rates of basic pay are fixed by statute.''.
(b) Matters Other Than Pay and Benefits.--Such chapter is
further amended by inserting after section 1605 the following
new sections:
``Sec. 1606. Defense Intelligence Senior Executive Service
``(a) Establishment.--The Secretary of Defense may
establish a Defense Intelligence Senior Executive Service for
defense intelligence positions established pursuant to section
1601(a) of this title that are equivalent to Senior Executive
Service positions. The number of positions in the Defense
Intelligence Senior Executive Service may not exceed 492.
``(b) Regulations Consistent With Title 5 Provisions.--The
Secretary of Defense shall prescribe regulations for the
Defense Intelligence Senior Executive Service which are
consistent with the requirements set forth in sections 3131,
3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title 5,
subsections (a), (b), and (c) of section 7543 of such title
(except that any hearing or appeal to which a member of the
Defense Intelligence Senior Executive Service is entitled shall
be held or decided pursuant to those regulations), and
subchapter II of chapter 43 of such title. To the extent that
the Secretary determines it practicable to apply to members of,
or applicants for, the Defense Intelligence Senior Executive
Service other provisions of title 5 that apply to members of,
or applicants for, the Senior Executive Service, the Secretary
shall also prescribe regulations to implement those provisions
with respect to the Defense Intelligence Senior Executive
Service.
``(c) Award of Rank to Members of the Defense Intelligence
Senior Executive Service.--The President, based on the
recommendations of the Secretary of Defense, may award a rank
referred to in section 4507 of title 5 to members of the
Defense Intelligence Senior Executive Service. The award of
such rank shall be made in a manner consistent with the
provisions of that section.
``Sec. 1607. Intelligence Senior Level positions
``(a) Designation of Positions.--The Secretary of Defense
may designate as an Intelligence Senior Level position any
defense intelligence position that, as determined by the
Secretary--
``(1) is classifiable above grade GS-15 of the
General Schedule;
``(2) does not satisfy functional or program
management criteria for being designated a Defense
Intelligence Senior Executive Service position; and
``(3) has no more than minimal supervisory
responsibilities.
``(b) Regulations.--Subsection (a) shall be carried out in
accordance with regulations prescribed by the Secretary of
Defense.
``Sec. 1608. Time-limited appointments
``(a) Authority for Time-Limited Appointments.--The
Secretary of Defense may by regulation authorize appointing
officials to make time-limited appointments to defense
intelligence positions specified in the regulations.
``(b) Review of Use of Authority.--The Secretary of Defense
shall review each time-limited appointment in a defense
intelligence position at the end of the first year of the
period of the appointment and determine whether the appointment
should be continued for the remainder of the period. The
continuation of a time-limited appointment after the first year
shall be subject to the approval of the Secretary.
``(c) Condition on Permanent Appointment to Defense
Intelligence Senior Executive Service.--An employee serving in
a defense intelligence position pursuant to a time-limited
appointment is not eligible for a permanent appointment to a
Defense Intelligence Senior Executive Service position
(including a position in which the employee is serving) unless
the employee is selected for the permanent appointment on a
competitive basis.
``(d) Time-Limited Appointment Defined.--In this section,
the term `time-limited appointment' means an appointment
(subject to the condition in subsection (b)) for a period not
to exceed two years.
``Sec. 1609. Termination of defense intelligence employees
``(a) Termination Authority.--Notwithstanding any other
provision of law, the Secretary of Defense may terminate the
employment of any employee in a defense intelligence position
if the Secretary--
``(1) considers that action to be in the interests
of the United States; and
``(2) determines that the procedures prescribed in
other provisions of law that authorize the termination
of the employment of such employee cannot be invoked in
a manner consistent with the national security.
``(b) Finality.--A decision by the Secretary of Defense to
terminate the employment of an employee under this section is
final and may not be appealed or reviewed outside the
Department of Defense.
``(c) Notification to Congressional Committees.--Whenever
the Secretary of Defense terminates the employment of an
employee under the authority of this section, the Secretary
shall promptly notify the congressional oversight committees of
such termination.
``(d) Preservation of Right To Seek Other Employment.--Any
termination of employment under this section does not affect
the right of the employee involved to seek or accept employment
with any other department or agency of the United States if
that employee is declared eligible for such employment by the
Director of the Office of Personnel Management.
``(e) Limitation on Delegation.--The authority of the
Secretary of Defense under this section may be delegated only
to the Deputy Secretary of Defense, the head of an intelligence
component of the Department of Defense (with respect to
employees of that component), or the Secretary of a military
department (with respect to employees of that department). An
action to terminate employment of such an employee by any such
official may be appealed to the Secretary of Defense.
``Sec. 1610. Reductions and other adjustments in force
``(a) In General.--The Secretary of Defense shall prescribe
regulations for the separation of employees in defense
intelligence positions, including members of the Defense
Intelligence Senior Executive Service and employees in
Intelligence Senior Level positions, during a reduction in
force or other adjustment in force. The regulations shall apply
to such a reduction in force or other adjustment in force
notwithstanding sections 3501(b) and 3502 of title 5.
``(b) Matters To Be Given Effect.--The regulations shall
give effect to the following:
``(1) Tenure of employment.
``(2) Military preference, subject to sections
3501(a)(3) and 3502(b) of title 5.
``(3) The veteran's preference under section
3502(b) of title 5.
``(4) Performance.
``(5) Length of service computed in accordance with
the second sentence of section 3502(a) of title 5.
``(c) Regulations Relating to Defense Intelligence SES.--
The regulations relating to removal from the Defense
Intelligence Senior Executive Service in a reduction in force
or other adjustment in force shall be consistent with section
3595(a) of title 5.
``(d) Right of Appeal.--(1) The regulations shall provide a
right of appeal regarding a personnel action under the
regulations. The appeal shall be determined within the
Department of Defense. An appeal determined at the highest
level provided in the regulations shall be final and not
subject to review outside the Department of Defense. A
personnel action covered by the regulations is not subject to
any other provision of law that provides appellate rights or
procedures.
``(2) Notwithstanding paragraph (1), a preference eligible
referred to in section 7511(a)(1)(B) of title 5 may elect to
have an appeal of a personnel action taken against the
preference eligible under the regulation determined by the
Merit Systems Protection Board instead of having the appeal
determined within the Department of Defense. Section 7701 of
title 5 shall apply to any such appeal to the Merit Systems
Protection Board.
``(e) Consultation With OPM.--Regulations under this
section shall be prescribed in consultation with the Director
of the Office of Personnel Management.''.
(c) Transfer of Section 1599.--Subtitle A of title 10,
United States Code, is amended by transferring section 1599 to
chapter 83 of such title, inserting such section after section
1610 (as added by subsection (b)), redesignating such section
as section 1611, and in subsection (f) striking out ``means''
and all that follows and inserting in lieu thereof ``includes
the National Reconnaissance Office and any intelligence
component of a military department.''.
(d) Additional Provisions.--Such chapter is further amended
by inserting after section 1611 (as so transferred and
redesignated) the following new sections:
``Sec. 1612. Merit system principles and civil service protections:
applicability
``(a) Applicability of Merit System Principles.--Section
2301 of title 5 shall apply to the exercise of authority under
this subchapter (other than sections 1605 and 1611).
``(b) Civil Service Protections.--(1) If, in the case of a
position established under authority other than section
1601(a)(1) of this title that is reestablished as an excepted
service position under that section, the provisions of law
referred to in paragraph (2) applied to the person serving in
that position immediately before the position is so
reestablished and such provisions of law would not otherwise
apply to the person while serving in the position as so
reestablished, then such provisions of law shall, subject to
paragraph (3), continue to apply to the person with respect to
service in that position for as long as the person continues to
serve in the position without a break in service.
``(2) The provisions of law referred to in paragraph (1)
are the following provisions of title 5:
``(A) Section 2302, relating to prohibited
personnel practices.
``(B) Chapter 75, relating to adverse actions.
``(3)(A) Notwithstanding any provision of chapter 75 of
title 5, an appeal of an adverse action by an individual
employee covered by paragraph (1) shall be determined within
the Department of Defense if the employee so elects.
``(B) The Secretary of Defense shall prescribe the
procedures for initiating and determining appeals of adverse
actions pursuant to elections made under subparagraph (A).
``Sec. 1613. Miscellaneous provisions
``(a) Collective Bargaining Agreements.--Nothing in
sections 1601 through 1604 and 1606 through 1610 may be
construed to impair the continued effectiveness of a collective
bargaining agreement with respect to an agency or office that
is a successor to an agency or office covered by the agreement
before the succession.
``(b) Notice to Congress of Regulations.--The Secretary of
Defense shall notify Congress of any regulations prescribed to
carry out this subchapter (other than sections 1605 and 1611).
Such notice shall be provided by submitting a copy of the
regulations to the congressional oversight committees not less
than 60 days before such regulations take effect.
``Sec. 1614. Definitions
``In this subchapter:
``(1) The term `defense intelligence position'
means a civilian position as an intelligence officer or
intelligence employee of an intelligence component of
the Department of Defense or of a military department.
``(2) The term `intelligence component of the
Department of Defense' means any of the following:
``(A) The National Security Agency.
``(B) The Defense Intelligence Agency.
``(C) The National Imagery and Mapping
Agency.
``(D) Any other component of the Department
of Defense that performs intelligence functions
and is designated by the Secretary of Defense
as an intelligence component of the Department
of Defense.
``(E) Any successor to a component
specified in, or designated pursuant to, this
paragraph.
``(3) The term `congressional oversight committees'
means--
``(A) the Committee on Armed Services and
the Select Committee on Intelligence of the
Senate; and
``(B) the Committee on National Security
and the Permanent Select Committee on
Intelligence of the House of Representatives.
``(4) The term `excepted service' has the meaning
given such term in section 2103 of title 5.
``(5) The term `preference eligible' has the
meaning given such term in section 2108(3) of title 5.
``(6) The term `Senior Executive Service position'
has the meaning given such term in section 3132(a)(2)
of title 5.
``(7) The term `collective bargaining agreement'
has the meaning given such term in section 7103(8) of
title 5.''.
(e) Designation of New Subchapter II.--Chapter 83 of such
title is further amended by inserting after section 1614 (as
added by subsection (d)) the following:
``SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY PERSONNEL
``Sec.
``1621. Defense Intelligence Agency merit pay system.
``1622. Uniform allowance: civilian employees.
``1623. Financial assistance to certain employees in acquisition of
critical skills.''.
SEC. 1633. REPEAL OF SUPERSEDED SECTIONS AND CLERICAL AND CONFORMING
AMENDMENTS.
(a) Repeal of Separate Military Department Authorities.--
Section 1590 of title 10, United States Code, is repealed.
(b) Repeal of Separate National Security Agency
Authorities.--The following provisions of law are repealed:
(1) Sections 2 and 4 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note).
(2) Section 303 of the Internal Security Act of
1950 (50 U.S.C. 833).
(c) Clerical Amendments.--Title 10, United States Code, is
amended as follows:
(1) The heading for section 1605 is amended to read
as follows:
``Sec. 1605. Benefits for certain employees assigned outside the United
States''.
(2) The table of sections at the beginning of
chapter 81 is amended by striking out the items
relating to sections 1590 and 1599.
(3) The tables of chapters at the beginning of
subtitle A, and at the beginning of part II of subtitle
A, are amended by striking out the item relating to
chapter 83 and inserting in lieu thereof the following:
``83. Civilian Defense Intelligence Employees....................1601''.
(d) Conforming Amendment.--Section 1621 of such title, as
transferred and redesignated by section 1632(a)(1), is amended
by striking out ``and Central Imagery Office''.
(e) Cross Reference Amendments.--Chapter 81 of title 10,
United States Code, is amended as follows:
(1) Section 1593(a)(3) is amended by striking out
``section 1606'' and inserting in lieu thereof
``section 1622''.
(2) Section 1596(c) is amended by striking out
``section 1604(b)'' and inserting in lieu thereof
``section 1602''.
SEC. 1634. OTHER PERSONNEL MANAGEMENT AUTHORITIES.
(a) Applicability of Federal Labor-Management Relations
System.--Section 7103(a)(3) of title 5, United States Code is
amended--
(1) by inserting ``or'' at the end of subparagraph
(F);
(2) by striking out ``; or'' at the end of
subparagraph (G) and inserting in lieu thereof a
period; and
(3) by striking out subparagraph (H).
(b) Applicability of Authority and Procedures for Imposing
Certain Adverse Actions.--Section 7511(b)(8) of such title is
amended by striking out ``the National Security Agency'' and
all that follows through ``title 10'' and inserting in lieu
thereof ``an intelligence component of the Department of
Defense (as defined in section 1614 of title 10), or an
intelligence activity of a military department covered under
subchapter I of chapter 83 of title 10''.
SEC. 1635. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall take effect on October 1, 1996.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Land acquisition, National Ground Intelligence Center,
Charlottesville, Virginia.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), and, in the case of the projects described in
paragraphs (2) and (3) of section 2104(b), other amounts
appropriated pursuant to authorizations enacted after this Act
for the projects, the Secretary of the Army 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:
ARMY: INSIDE THE UNITED STATES
------------------------------------------------------------------------
State Installation or location Total
------------------------------------------------------------------------
Virginia..................... National Ground
Intelligence Center,
Charlottesville......... $1,000,000
CONUS Classified............. Classified Locations..... $4,600,000
---------------
Total:................. $447,250,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the locations
outside the United States, and in the amounts, set forth in the
following table:
ARMY: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
Country location Total
------------------------------------------------------------------------
Overseas Classified............ Classified Locations... $64,000,000
---------------
Total:............... $121,800,000
------------------------------------------------------------------------
SEC. 2105. LAND ACQUISITION, NATIONAL GROUND INTELLIGENCE CENTER,
CHARLOTTESVILLE, VIRGINIA.
(a) Acquisition Authorized.--Subject to subsection (b), the
Secretary of the Army may acquire real property for the
National Ground Intelligence Center, Charlottesville, Virginia.
(b) Requirement Relating to Acquisition.--The Secretary may
not acquire real property pursuant to the authorization in
subsection (a) until the Secretary certifies to the
congressional defense committees, based on the results of an
assessment of property currently owned or operated by the
Federal Government in the vicinity of Charlottesville,
Virginia, that the acquisition of the property would provide
the most cost-effective means of securing a location for the
National Ground Intelligence Center that satisfies the mission
requirements of the center.
(c) Funding.--Of the amounts authorized to be appropriated
by section 2104(a)(1), $1,000,000 shall be available for the
acquisition of real property pursuant to the authorization in
subsection (a).
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Elimination of authority to carry out fiscal year 1995
project, Spangdahlem Air Force Base, Germany.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force 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:
AIR FORCE: INSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
California..................... Vandenberg Air Force $3,290,000
Base.
Colorado....................... Buckley Air National $17,960,000
Guard Base.
Falcon Air Force $2,095,000
Station.
Peterson Air Force Base $20,720,000
---------------
Total:............... $603,834,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
AIR FORCE: OUTSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Overseas Classified............ Classified Locations... $18,395,000
---------------
Total:............... $78,115,000
------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
DEFENSE AGENCIES: INSIDE THE UNITED STATES
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Intelligence Agency.... Bolling Air Force Base,
District of Columbia.. $6,790,000
Special Operations Command..... Fort Bragg, North
Carolina.............. $14,000,000
Fort Campbell, Kentucky $4,200,000
MacDill Air Force Base,
Florida............... $9,600,000
Naval Amphibious Base,
Coronado, California.. $7,700,000
Naval Station, Ford
Island, Pearl Harbor,
Hawaii................ $12,800,000
---------------
Total................ $525,454,000
------------------------------------------------------------------------
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3230) to
authorize appropriations for fiscal year 1997 for defense
activities of the Department of Defense, for military
construction, and for defense programs of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck out all of the House bill
after the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment which is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Summary Statement of Conference Action
The conferees recommend authorizations for the Department
of Defense for procurement, research and development, test and
evaluation, operation and maintenance, working capital funds,
military construction and family housing, weapons programs of
the Department of Energy, and civil defense that have a budget
authority implication of $265.6 billion.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
Airborne Reconnaissance Low (ARL)
The budget request included $24.7 million to procure the
final ARL-M aircraft and mission equipment.
The House bill would authorize an increase of $5.2
million to complete the moving target indicator (MTI) upgrade.
The Senate amendment would support the budget request.
The Senate recedes.
The conferees understand that the Army reprogrammed
fiscal year 1996 funds that were authorized and appropriated
for converting ARL-I and ARL-C aircraft to the ARL-M
configuration. These funds were applied to incorporate an MTI
radar into the ARL. Although the reprogramming action was
within the scope of the Department's authority, the conferees
are concerned with the Army's failure to notify the appropriate
committees of what it considers a major shift of the funds. The
conferees do, however, support the validated requirement for
MTI on ARL, and are aware that funds have not been budgeted to
complete the MTI purchase.
Therefore, the conferees agree to authorize $29.9 million
to provide the necessary funding to complete the ARL-I/-C
conversion to ARL-M and complete the MTI radar upgrade. The
conferees fully expect the Army to budget for completion of the
ARL-I/-C conversion in future budget requests.
P-3 intelligence support
The budget request included $17.6 million within the P-3
aircraft modifications line to procure non-developmental,
commercial off-the-shelf (COTS), roll-on/roll-off signals
intelligence (SIGINT) sensors for use aboard P-3C aircraft.
The House bill and Senate amendment would not authorize
the $17.6 million included in the budget request for the
procurement of COTS SIGINT sensors in fiscal year 1997.
The conferees are concerned that the Navy has not
developed a sound operational concept for employing the SIGINT
capability that it proposes to add to the P-3C aircraft. Nor is
it clear that the Navy's proposal relates well to the
capability already provided by its existing fleet of EP-3
aircraft. Important questions that should be answered to
address the conferees' concerns include:
(1) To what degree would P-3C aircraft equipped
with such a COTS SIGINT package be interoperable with
other SIGINT platforms? and
(2) Are sufficient specially trained personnel
available to support both existing SIGINT systems and
this one as well?
P-3C modifications
The budget request included $34.7 million for the P-3C
anti-surface warfare improvement program (AIP). This amount
would procure one P-3C AIP kit and additional training
equipment, support equipment, and logistics support for the P-
3C AIP program.
The Senate amendment would authorize an increase of $87.0
million for the procurement of 11 additional P-3C AIP kits and
associated equipment and support in order to maintain the
acquisition schedule requested by the operational commanders in
chief (CINCs) and to procure the kits at a more cost effective
rate.
The House bill would authorize the requested amount for
P-3 modifications but would include a new procurement funding
line for procurement of the lightweight environmentally sealed
parachute assembly (LESPA) and authorize an increase of $3.8
million for LESPA. A portion of this increase would be for
support of the P-3C aircraft.
The conferees agree to authorize an increase of $61.0
million for the procurement of seven additional P-3C AIP kits
and associated equipment and support. Reporting requirements
for the P-3C AIP program associated with submission of the
fiscal year 1998 budget request are contained in the Senate
report (S. Rept. 104-267). The conferees also agree to
authorize an increase of $2.8 million for LESPA procurement.
Joint tactical terminal
The budget request included $2.4 million for procurement
of the joint tactical terminal (JTT).
The House bill would authorize an additional $11.0
million for the immediate procurement of JTT terminals for
AEGIS, amphibious, and flagship surface vessels. The report to
accompany the House bill to authorize intelligence programs for
fiscal year 1977 (H. Rept. 104-578, Part 1) expressed the view
that there is an urgent need to expeditiously procure the
functional intelligence support capability provided by the JTT
for these ships as soon as possible in order to ensure
interoperability between various intelligence producers and
users.
The Senate amendment would authorize the requested
amount.
The Senate recedes.
Challenge Athena
The budget request included no funding for the Chief of
Naval Operation's special project Challenge Athena. This budget
decision was made despite a series of favorable reports by the
Navy's operational commanders on the significant contributions
that Challenge Athena has made to the success of their
operational deployments.
The Senate amendment would authorize an increase of $41.7
million above the budget request for Challenge Athena, $14.7
million for procurement and $27.0 million for operation of the
system.
The House bill would authorize the requested amount.
The conferees agree to authorize a total increase of
$28.7 million above the budget request for Challenge Athena,
$14.7 million for procurement of Challenge Athena equipment,
and $14.0 million for system operation.
Global broadcast service
The budget request included $113.2 million for launch
services for UHF follow-on (UFO) satellites 8, 9, and 10. These
satellites will support UHF, EHF, and global broadcast service
(GBS) communications. However, the budget request did not
contain funding for the ground and sea-based equipment needed
to implement the GBS capability.
To ensure that the diverse requirements of the Navy's GBS
are met in a complementary manner, the Senate amendment would
authorize an increase of $50.0 million above the budget request
as follows:
(1) $39.0 million for the procurement and
installation of shipboard GBS satellite terminals;
(2) $7.0 million for the procurement and
installation of shore GBS satellite terminals; and
(3) $4.5 million to provide for launch services for
UFO satellites 8, 9, and 10.
The House bill would authorize the requested amount.
The conferees agree to authorize an increase of $10.3
million for the procurement and installation of shipboard GBS
satellite terminals.
Marine Corps Procurement
Overview
Intelligence upgrades
The budget request included $26.4 million for procurement
of intelligence support equipment for the Marine Corps.
The House bill would authorize an increase of $5.8
million for the procurement of additional intelligence support
equipment.
The Senate amendment would authorize an increase of $14.6
million for the procurement of additional intelligence support
equipment.
The Senate recedes.
Tactical electronic reconnaissance processing and evaluation system
The budget request included $1.0 million for procurement
of support for the Marine Corps tactical electronic
reconnaissance processing and evaluation system (TERPES), a
system that is currently supporting joint operations in Bosnia.
The House bill would authorize an increase of $1.1
million to improve the interoperability of TERPES with the
global command and control system (GCCS) and tactical air
mission planning system (TAMPS).
The Senate amendment would authorize the requested
amount.
The Senate recedes.
Overview
Joint Surveillance Target Attack Radar System (JSTARS)
The budget request included $417.8 million for two E-8C
aircraft, $111.1 million for advanced procurement for two E-8Cs
in fiscal year 1998, and $30.2 million for initial spares.
Trainers and support equipment were included in the
procurement. Funding in the amount of $207.3 million for follow
on development and testing was also requested in PE 64770F.
The House bill would increase the requested amount by
$225.0 million for one additional aircraft.
The Senate amendment would increase the requested amount
by $210.0 million for procurement and an additional $30.0
million for initial spares.
The conferees agree to increase the requested amount by
$210.0 million for the acquisition of one additional JSTARS
aircraft.
The conferees note that the JSTARS platform and
associated ground stations are currently contained in the Air
Force and Army tactical intelligence and related activities
(TIARA) budget aggregations. While the conferees realize there
are direct intelligence applications of the JSTARS associated
Ground Support Modules (GSM) and the follow on Common Ground
Stations (CGS), they note that the JSTARS aircraft is a direct
battle management and targeting system, not an intelligence
system. The JSTARS moving target indicator (MTI) radar system
provides critical data to the operational and intelligence
communities, and so could be considered within the TIARA budget
aggregation. Accordingly, the conferees agree the associated
ground stations are direct multi-source intelligence support
applications and may be appropriately considered part of the
entire intelligence support architecture and continue to be
funded within TIARA aggregation.
Satellite communications terminals
The budget request contained $14.8 million for
modification of in service aircraft.
The House bill would authorize the budget request.
The Senate amendment would increase the requested amount
by $21.2 million for procurement of demand assigned multiple
access (DAMA) ultra-high frequency (UHF) satellite
communications airborne terminals.
The conferees agree to authorize an additional $20.3
million in aircraft procurement funding to begin procuring UHF
airborne DAMA terminals. The conferees understand that
additional funds will be required in the out years to complete
this effort and expect the Air Force to program sufficient
funding in future budget requests.
Defense Airborne Reconnaissance Program Procurement
Procurement for the Defense Airborne Reconnaissance
Program (DARP) is contained in a number of procurement lines,
distributed among the individual services and the defense-wide
procurement account.
The budget request included:
(1) $66.2 million in Aircraft Procurement, Air
Force (APAF) line 59;
(2) $150.7 million in APAF, line 70; and
(3) $168.9 million in Procurement, Defense-wide
(PDW), line 7.
The House bill would provide an additional $210.3 million
in APAF line 59, a reduction of $50.0 million in APAF line 70,
and an addition of $80.0 million in PDW line 7.
The Senate amendment would provide an addition of $182.2
million to APAF line 59, authorize the budget request for APAF
line 70, and provide an additional $8.0 million for PDW line 7.
The budget request, details of the adjustments in the
House bill and the Senate amendment, and the final conference
agreement, are summarized in the table below:
DEFENSE AIRBORNE RECONNAISSANCE PROCUREMENT PROGRAMS
[Dollars in thousands]
------------------------------------------------------------------------
Proposed change
Program Budget -------------------- Conference
request House Senate agreement
------------------------------------------------------------------------
Additional Rivet Joint
aircraft..................... -- 39,300 -- 39,300
Rivet Joint mods.............. 65,186 20,000 -- 85,186
Rivet Joint technology
transfer..................... -- -- 20,000 --
Combat Sent mods.............. 1,000 6,000 -- 7,000
RC-135 data links............. ........ -- 8,000 --
RC-135 re-engining............ ........ 145,000 145,200 145,000
SR-71 mods.................... -- -- 9,000 9,000
Subtotal--APAF 59............. 66,186 210,300 182,200 285,486
Restore damaged U-2 aircraft.. -- 5,000 -- --
Undistributed reduction....... -- (50,000) -- (50,000)
Other......................... 150,742 -- -- 150,742
Subtotal--APAF 70............. 150,742 (45,000) -- 100,742
Predator UAV.................. 57,791 50,000 -- 107,791
Pioneer UAV................... 10,567 30,000 -- 40,567
Common automatic recovery
system....................... -- -- 8,000 8,000
U-2 satellite communications.. 2,023 -- -- 2,023
Common imagery ground/surface
system (CIGSS)............... 98,486 -- -- 98,486
-----------------------------------------
Subtotal--PDW 7......... 168,867 80,000 8,000 256,867
------------------------------------------------------------------------
The conferees view with concern the lack of clarity in
the display of DARP spending and have included provisions
elsewhere in this bill requiring the Defense Airborne
Reconnaissance Office (DARO) to provide improved budget
presentations in future years.
aircraft procurement, air force, line 59
The conferees agree to an increase of $219.3 million
above the budget request for the following purposes:
(1) $39.3 million for an additional Rivet Joint
(RJ) aircraft;
(2) $20.0 million for RJ modifications;
(3) $6.0 million for Combat Sent modifications;
(4) $145.0 million re-engining RC-135 aircraft; and
(5) $9.0 million for SR-71 modifications.
Rivet Joint fleet modifications
The conferees acknowledge the need for consistent level-
of-effort funding to improve these intelligence support
aircraft in response to the rapid, and often unpredictable,
improvements in threat technologies. Accordingly, the conferees
expect the Department to provide funds for level-of-effort
upgrades in future budget requests. While the conferees support
upgrades based on platform-specific missions, they are
skeptical of multi-functional type developmental upgrades and
will closely monitor the Department's effort to coordinate
service efforts and ensure compliance of such upgrades with the
overall architecture.
Rivet Joint technology transfer
The conferees encourage the Air Force to move forward
with a near-term, cost effective program to transfer the
mature, medium wave infrared sensor technology from the Cobra
Ball aircraft to the Rivet Joint fleet. Such a program would
offer the option of early deployment in support of theater
missile defense improvements. This transfer could provide
significant improvement to the Department's capabilities for
long range surveillance, warning, rapid cueing for attack
operations and predicting impact points.
aircraft procurement, air force, line 70
The conferees agree to a general reduction of $50.0
million to the budget request.
procurement, defense-wide, line 7
Pioneer unmanned aerial vehicle (UAV)
The budget request included $10.6 million attrition
spares and unit support kits for the Pioneer UAV.
The House bill would authorize an increase of $30.0
million over the request to purchase attrition air vehicles and
to replace aging and vanishing vendor items.
The Senate amendment would authorize the request.
The Department's decision to terminate the procurement of
the Hunter UAV system has resulted in the Pioneer becoming the
only UAV currently capable of meeting Navy and Marine Corps
short range requirements. Consequently, the conferees agree to
provide an increase of $30.0 million to fund initiatives
necessary to ensure the continued effectiveness of the Pioneer
UAV system.
Predator unmanned aerial vehicle (UAV)
The budget request included $57.8 for Predator hardware
and production support.
The House bill would authorize an increase of $50.0
million to procure an additional two Predator systems.
The Senate amendment would authorize the budget request,
and would separately provide a provision restricting the
obligation of fiscal year 1997 funds.
The Senate recedes.
The conferees agree to recommend an additional $50.0
million for the Predator UAV system. The conferees recognize
the Predator UAV's importance as well as the need to field
capable effective UAV systems in the near-term.
Common automatic recovery system (CARS)
The conferees expect that this low cost system will help
reduce mishaps and improve UAV operational effectiveness.
Accordingly, the conferees agree to provide an additional $8.0
million for integrating CARS into the tactical UAV (TUAV) and
the Predator UAV systems as soon as practicable.
Peacekeeper sustainment
The budget request included $8.3 million for procurement
of missile replacement equipment, $72.8 million for procurement
of Minuteman III modifications, and $44.6 million for
procurement of spares and repair parts.
The House bill recommended a net increase of $32.0
million for Peacekeeper sustainment activities. This included
an additional $3.4 million for missile replacement equipment,
$5.3 million for Minuteman modifications, and $300,000 for
replacement spares and repairs. In addition, the House bill
recommends that, of the amounts authorized to be appropriated
pursuant to Title III for Air Force operation and maintenance,
$23.0 million be used for sustained Peacekeeper operations.
The Senate amendment approved the budget request for
Peacekeeper.
The conferees agree to authorize the following for
peacekeeper sustainment: (1) an additional $3.4 million for
missile replacement equipment, a net increase of $500,000 in
this program element; (2) an additional $5.3 million in
Procurement Air Force (Minuteman modifications); (3) an
additional $300,000 in Air Force Procurement for replacement
spares and repairs; and (4) of the amounts authorized to be
appropriated pursuant to Title III for Air Force operation and
maintenance, $23.0 million for Peacekeeper operations.
Theater battle management command and control system procurement
(TBMCS)
The budget request included $48.0 million for procurement
of the theater battle management command and control system.
The House bill would authorize the budget request.
The Senate amendment would add $2.2 million to the
program as part of a data link initiative to incorporate data
links in various Air Force aircraft. The additional $2.2
million would complete installation of data link related
equipment in modular air operation centers.
The Senate recedes.
The conferees agree to authorize $48.0 million for the
system.
Base information infrastructure
The budget request included $125.7 million Air Force base
information infrastructure.
The House bill would reduce the authorization by $10.0
million.
The Senate amendment would authorize the budget request.
The Senate recedes.
Overview
The budget request for fiscal year 1997 contained an
authorization of $1,841.2 million for Defense-wide Procurement
in the Department of Defense. The House bill would authorize
$1,890.2 million. The Senate amendment would authorize $1,908.0
million. The conferees recommended an authorization of $2,008.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
C-130 aircraft modifications
The budget request included $86.7 million for
modifications to U.S. Special Operations Command (USSOCOM) C-
130 aircraft.
The Senate amendment would authorize an increase of $23.8
million for survivability and sustainment improvements to
USSOCOM's fleet of AC-130U gunships and the MC-130H Combat
Talon II aircraft.
The House bill would authorize the requested amount.
The conferees agree to authorize an increase of $17.9
million for modifications to USSOCOM C-130 aircraft.
Advanced SEAL delivery system
The budget request included no procurement funding for
the advanced SEAL delivery system (ASDS) for the U.S. Special
Operations Command.
A changed interpretation of administrative procedures
between preparation of the fiscal year 1996 and fiscal year
1997 budget requests caused $4.4 million of advance procurement
funding for the ASDS to be deleted from the fiscal year 1997
budget request. The consequence of this reduction in funding
would be a one year delay in fielding the ASDS system.
To restore the ASDS program to its original schedule, the
Senate amendment would authorize an increase of $4.4 million
over the budget request for the procurement of long-lead steel
and integrated control and display consoles needed for
fabrication of the first production ASDS.
The House bill would authorize the requested amount.
The House recedes.
SCAMPI communications system
The budget request contained no funding for procurement
of the SCAMPI communications system for the U.S. Special
Operations Command (USSOCOM).
The Senate amendment would authorize an increase of $3.7
million to complete hub relocation for USSOCOM's SCAMPI
communications system.
The House bill would authorize the requested amount.
The Senate recedes.
legislative provisions
Subtitle A--Authorization of Appropriations
legislative provisions adopted
Chemical agents and munitions destruction program (secs. 107 and 142)
The budget request included $799.8 million for the
defense chemical agents and munitions destruction program,
including $477.9 million for operation and maintenance, $273.6
million for procurement, and $48.3 million for research and
development. Additionally, the budget request included $131.6
million for military construction.
The House bill contained a provision (sec. 107) that
would authorize $804.8 million for the chemical agents and
munitions destruction program, including $21.0 million for the
alternative technology and approaches project, an increase of
$5.0 million to the budget request.
The Senate amendment contained a provision (sec. 107)
that would authorize $802.8 million for the chemical agents and
munitions destruction program, including an increase of $3.0
million for research and development to expedite and accelerate
the development and fielding of critical advanced sensors that
are part of the Army's mobile munitions assessment system. A
second provision (sec. 113) would require the Secretary of
Defense to conduct a study on the cost of the baseline
incineration of the chemical munitions stockpile versus the
disposal of neutralized chemical munitions at a centrally
located incinerator. A third provision (sec. 117) would provide
$60.0 million for a pilot program to identify and demonstrate
feasible alternatives to incineration for the demilitarization
of assembled chemical munitions, establish an executive agent
for the pilot program separate from the existing chemical
weapon stockpile demilitarization program, require the
Secretary of Defense to evaluate and report the results of the
completed pilot program by December 31, 2000, and place limits
on long lead contracting for the construction of chemical agent
baseline program incinerators at any site in Kentucky or
Colorado.
The Senate recedes with an amendment.
The conferees agree to a provision (sec. 107) that would
authorize $759.8 million for the defense chemical agents and
munitions destruction program, to include: $233.6 million for
procurement; $477.9 million for operation and maintenance; and
$48.3 million for research and development. Of the amount
authorized $21.1 million shall be available for the alternative
technologies and approaches project and $3.0 million shall be
available to expedite and accelerate the development and
fielding of critical advanced sensors that are part of the
Army's mobile munitions assessment system.
Further, the conferees agree to a provision (sec. 142)
that would direct the Secretary of Defense to assess the
current baseline incineration program for destruction of
assembled chemical munitions and of alternative
demilitarization technologies and processes other than
incineration that could be used for the destruction of lethal
chemical agents and munitions. Should the Secretary decide to
conduct a pilot program for development and demonstration of an
alternative technology or process other than incineration for
the destruction of the lethal chemical agents that are
associated with assembled munitions, the provision would
authorize $25.0 million from funds authorized in fiscal year
1997 for use by the Secretary for this purpose, and would
require the Secretary to notify the Congress 30 days in
advance, of his intention to use funds to initiate a pilot
program. The provision would also require that the pilot
program be conducted at the selected chemical agent and
munitions stockpile storage site for which the alternative
technology or process is recommended.
Progress in the chemical agents and munitions destruction program
The conferees reiterate the concerns expressed in the
statement of managers accompanying the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106),
that continued delays in the chemical agents and munitions
destruction program would lead to increases in overall program
cost and in risk to the public and the environment. The
conferees believe that the program should proceed
expeditiously, using those technologies that minimize risk to
the public and the environment. The conferees support the
recommendations of the National Research Council (NRC), that
the Army continue its current baseline incineration program
until such time as the evaluation of alternative technologies
for demilitarization and destruction of the stockpile is
concluded. The conferees note the progress that has been made
in the program. More than 50 percent (2 million pounds of
chemical agents) of the chemical agent and munitions stockpile
on Johnston Atoll has been destroyed and full-scale
demilitarization operations continue at that site. On June 26,
1996, the State of Utah granted approval for the Army to begin
chemical munitions destruction operations using the baseline
incineration process at the Tooele Chemical Agent Disposal
Facility in Tooele, Utah.
The conferees have reviewed the ``Department of Defense's
Interim Status Assessment for the Chemical Demilitarization
Program,'' dated April 15, 1996, that was submitted to the
Congress in response to section 152(c) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106).
Measures for potential reductions in the total cost of the
chemical stockpile destruction program are under review within
the Department of Defense. Although there is no evidence of
immediate danger from stockpile, risk assessments from the
programmatic environmental impact statement and the ongoing
site-specific risk analysis updates continue to indicate that
storage risk is much greater than the risks associated with
executing the current chemical stockpile disposal program and
that delay in the disposal effort will result in increased
public risk. The Secretary of Defense is directed to submit to
the Congress, with the Defense budget request for fiscal year
1998, a final report on the assessment and recommendations for
revision to the current baseline incineration program,
including the use of alternative technologies, which could
reduce program costs and increase public safety.
Alternative technologies
The assessment discusses progress in the alternative
technologies research and development program. Under this
program, the Army, in coordination with the NRC, is evaluating
five technologies for potential use at the bulk-only stockpile
sites (Aberdeen Proving Ground, Maryland, and Newport Army
Ammunition Depot, Indiana). The Army's evaluation and the NRC's
recommendations will provide the basis for an October 1996
decision by the Department of Defense on the continued
development of an alternative chemical agent destruction
process for the bulk-only storage sites. Should the Secretary
of Defense decide to continue the development at an alternative
technology for demilitarization of the chemical agents at the
bulk-only chemical stockpile storage sites, the conferees agree
that the Secretary should utilize current authority to
reprogram funds to initiate a pilot program for this purpose.
The conferees note that the Army's alternative
technologies research and development program has been limited
to consideration of alternative technologies for potential use
at the bulk-only storage sites. The conferees believe that
consideration should be given also to variants of the baseline
program in which alternative technologies and processes are
used for destruction of the chemical agent associated with
assembled chemical munitions. The conferees have included a
provision that would direct the Secretary of Defense, in
coordination with the NRC, to conduct an assessment of such
alternative technologies and processes and to report the
results of the assessment to the Congress not later than
December 31, 1997, together with any recommendations for
revisions to the baseline program for destruction of assembled
chemical munitions. Should the Secretary of Defense recommend
the continued development of an alternative technology or
process for destruction of the chemical agents associated with
assembled chemical munitions, as mentioned earlier in this
report, the conferees have included a provision which would
make $25.0 million available from funds authorized in this Act
to initiate a pilot program for this purpose. In order to
minimize environmental permitting delays for a full-scale
program which might use the alternative technology or process,
the provision provides that the pilot program for development
of the technology or process shall be conducted at the specific
chemical agent and munitions stockpile storage for which the
alternative technology or process is recommended.
Management of Chemical Agents and Munitions Destruction Program
The conferees agree that the Department of Defense must
provide for unified and integrated overall management of the
chemical agents and munitions destruction program and the non-
stockpile agents and munitions destruction program. The
conferees are concerned that a divided program under separate
managers, would result in duplication of effort, increased
costs, and reduced safety. Accordingly, the conferees continue
to support the current management structure within the
Department of Defense, with the Army as executive agent for the
chemical agents and munitions destruction program, which
includes the baseline incineration program, alternative
technologies for the bulk-only stockpile sites, alternative
technologies for the destruction of assembled chemical
munitions, and the non-stockpile chemical agents and weapons
destruction program. Additionally, the conferees appreciate the
support and efforts of the National Research Council in
conducting oversight of the chemical agents and munitions
destruction program, and believe that it should continue to
perform this function for the Department.
Title II--Research, Development, Test, and Evaluation
Battle integration center
The budget request included $2.9 million in PE 63308A for
Army missile defense systems integration.
The Senate amendment recommended an increase of $27.0
million in PE 63308A for the Army's Battle Integration Center
(BIC).
The House bill did not include additional funds for BIC.
The House recedes.
Tactical electronic support systems
The budget request included $2.0 million for tactical
electronic support systems.
The House bill and the Senate amendment contained an
increase of $2.0 million to fund integration of the work
completed by the Defense Advanced Research Projects Agency that
developed the first operational prototype of an intelligence
fusion system known as the Integrated Battlespace Intelligence
Server, or IBIS.
The conferees agree to authorize $4.0 million for PE
63745A to support technological transfer requirements.
Intelligence data support systems
The budget request included the following amounts for
intelligence support systems:
[Dollars in millions]
------------------------------------------------------------------------
Program Program element Funding
------------------------------------------------------------------------
All Source Analysis System (ASAS).... PE 63745A.............. 2.0
Joint Maritime Combat Information PE 64231N.............. 11.3
System (JMCIS).
Intelligence Analysis System (IAS)... PE 26313M.............. 1.2
Combat Information System (CIS)...... PE 27431F.............. 7.7
------------------------------------------------------------------------
The House bill would authorize an additional $2.0 million
for ASAS and an additional $1.0 million each for the IAS,
JMCIS, and CIS in their appropriate program elements. The House
bill would also authorize an increase of $1.0 million in PE
1160405BB for the U.S. Special Operation Command's research,
analysis and threat evaluation system (SOCRATES). These funds
would be used for improvements in interoperability, improved
data fusion, reduced operator work load, and reduced
development costs.
The Senate amendment would authorize the budget request
for these programs.
The conferees agree to authorize an increase of $2.0
million in PE 63745A, $1.0 million in PE 64231N, $1.0 million
in PE 26313M, and $1.0 million in PE 1160405BB as recommended
in the report accompanying the House bill (H. Rept. 104-563).
High Energy Laser Systems Test Facility
The budget request included $3.0 million in PE 65605A for
the High Energy Laser Systems Test Facility (HELSTF).
The Senate amendment would authorize an additional $21.7
million in PE 65605A for the continued operation and upgrade of
the facility.
The House bill would authorize the budget request.
The House recedes.
Missile/air defense product improvement program
The budget request included $31.0 million for missile and
air defense improvements.
The House bill would authorize an increase of $20.0
million to the budget request.
The Senate amendment would authorize an increase of $55.0
million in PE 23801A. Of this amount, $40.0 million would be to
complete analysis on cruise missile enhancements to the Patriot
PAC-1 missile and an additional $15.0 million for evaluation of
the Starstreak missile.
The conferees agree to authorize $71.0 million in PE
23801A to complete the Patriot cruise missile seeker
assessment. The Starstreak missile program is addressed
elsewhere in this report.
Advanced gun systems technology program
The budget request included $4.8 million in PE 62111N for
applied research in advanced gun and projectile technologies in
support of the naval surface fire support (NSFS) program.
The House bill would authorize an increase of $2.8
million to accelerate development of advanced miniaturized,
gun-hardened global positioning system/inertial navigation
(GPS/INS) guidance and control technology and development of
advanced technologies for next-generation gun systems.
The Senate amendment would authorize the budget request.
The Senate recedes.
Rocket propulsion programs
The House bill authorized an increase of $19.0 million
for rocket propulsion technology programs in PE 62111N, PE
63217N, PE 62601F, and PE 63302F.
The Senate amendment contained no similar provision.
The conferees agree to provide an increase of $19.0
million as specified in the House report (H. Rept. 104-563).
Cooperative engagement capability
The budget request included $164.5 million in PE 63755N
and $9.9 million in PE 24152N for continued development of the
Navy's cooperative engagement capability (CEC). Funding
provided by the budget request would focus on the development
of shipboard and airborne cooperative engagement systems (CES),
initial operational test and evaluation of shipboard CES, and
development of organic integrated logistic support for the CES.
CEC is designed to enhance the warfighting capabilities
of ships and aircraft by combining the data derived from
various sensors into a single common representation that is
available with the same positional accuracy to all
participating ships. The Navy reports that a challenging cruise
missile defense exercise, Mountain Top, which relied heavily on
CEC position information, was held earlier this year in Hawaii.
The exercise involved over-the-horizon detection, tracking, and
engagement of a variety of difficult targets. The Navy
currently projects that initial operational capability of the
system will be achieved by September 1996. During testimony at
this year's defense posture hearing, the Secretary of Defense
singled out CEC as a program of high priority that he chose to
accelerate because of its great potential for linking units
from more than one service together and greatly increasing
their warfighting ability.
Despite relatively robust funding for CEC in this year's
budget request, it contains no funding to pursue joint service
integration efforts that were begun last year. Successful
consummation of these efforts, in consonance with the Navy's
baseline program, could greatly leverage the capability of the
services to conduct joint operations and provide ballistic
missile defense. Another area not addressed by the budget
request, an issue raised in committee hearings this year, is
reported interference between CEC and other data links
currently in use in the fleet.
The House bill would authorize an increase of $27.0
million in PE 63755N for the CEC program and urge the continued
acceleration and expansion of joint service integration
efforts, including application to the Airborne Warning and
Control Systems (AWACS) aircraft, Patriot and Theater High
Altitude Area Defense (THAAD) missile systems, Marine Corps
TPS-59 radar and the HAWK missile system.
The Senate amendment would authorize an increase of $63.0
million above the budget request for CEC in PE 63755N to permit
continued pursuit of a number of promising efforts, including
CEC integration with AWACS and national sensors, to accelerate
development of an airborne capability for the system, and to
address the issue of CEC interference with other fleet data
links, particularly the link installed on the SH-60B.
The conferees agree to an increase of $35.0 million in PE
53755N for the CEC program and urge the continued acceleration
and expansion of joint service integration efforts, including
application to AWACS aircraft, Patriot and THAAD missile
systems, Marine Corps TPS-59 radar and the HAWK missile system.
The conferees also direct the Secretary of the Navy to prepare
a detailed report, for submission no later than March 15, 1997,
on:
(1) progress made in resolving the issue of
spectrum interference as a result of the reallocation
under title VI of the Omnibus Reconciliation Act of
1993 of the spectrum in which CEC operates; and
(2) steps that the Secretary has taken to address
and resolve harmful interference between CEC and other
fleet weapons systems and data links.
Naval surface fire support program
The budget request included $42.2 million in PE 63795N
for gun weapons system technology. Of this amount, $20.2
million is for the continued development of a 5-inch extended
range guided munition (ERGM) round. The Navy is developing this
round to address a gap in its ability to provide accurate naval
surface fire support (NSFS) during an amphibious assault at the
ranges dictated by current requirements. Of the $20.2 million,
no funds have been budgeted for risk mitigation in the
development of a GPS/INS guidance unit for the projectile, the
component judged to have the greatest technical risk.
The House bill would not authorize an increase of $5.0
million to the budget request to build on the Navy's guidance
risk reduction program; accelerate development and
qualification of micro-electro-mechanical systems (MEMS) -
based, low cost global positioning system/inertial navigation
system (GPS/INS) guidance and control technology; and ensure
the availability of that technology for the Navy's 5-inch ERGM
production program and for other guided munitions, rocket, and
missile programs.
The Senate amendment would authorize an increase of $3.0
million to the budget request in PE 63795N for risk mitigation
in development of the 5-inch ERGM.
The Senate recedes.
The conferees agree to an increase of $5.0 million in PE
63795N for risk mitigation in development of the Navy's 5-inch
ERGM and acceleration of the development of MEMS-based GPS/INS
guidance and control technology for the ERGM projectile.
Consistent with direction provided in the National Defense
Authorization Act for Fiscal Year 1996, the conferees also
agree to authorize an increase of $0.4 million above the budget
request to support the retention of two Iowa class battleships
on the naval register in an inactive status until the Navy is
able to replace their potential NSFS capability.
Joint Maritime Combat Information System (JMCIS)
The budget request included $11.3 million in PE 64231N
for the Navy tactical command system afloat (NTCS-A) component
of the joint maritime command information system (JMCIS).
The House bill would authorize an increase to the budget
request of $14.5 million as follows:
(1) an additional $1.0 million in PE 64231N to
explore and initiate efforts to improve
interoperability between JMCIS and the other service
intelligence support terminals;
(2) an additional $2.0 million in PE 64231N for
proliferating the RADIANT MERCURY automated multi-level
security sanitizer;
(3) an increase of $1.5 million in PE 64231N for
development of an integrated two-way Link 16 processing
capability for the JMCIS software; and
(4) an additional $10.0 million in a new program
element, PE 64770N, for integrating a capability for
the U.S. Navy to receive, process, and utilize the
joint surveillance target attack radar system (JSTARS)
moving target indicator (MTI) synthetic aperture radar
(SAR) system data.
The Senate amendment would authorize an additional $23.0
million above the budget request to:
(1) develop an integrated two-way Link 16
processing capability in JMCIS software;
(2) incorporate the Air Force's contingency theater
automated planning system (CTAPS) into JMCIS;
(3) develop an upgrade to permit data exchange
between JSTARS and the Navy's afloat planning system
(APS);
(4) field the RADIANT MERCURY automated multi-level
security sanitizer; and
(5) develop the tools and architecture that will
allow users to selectively request, filter, and process
supporting databases.
Of the $23.0 million, $19.5 million would be for research and
development in PE 64231N and $3.5 million would be for
procurement.
The conferees agree to authorize an additional $13.0
million above the budget request in PE 64231N as follows:
(1) $1.0 million for coordinating JMCIS functional
capabilities with the other service intelligence
terminals;
(2) $2.0 million for fielding RADIANT MERCURY;
(3) $1.5 million for two-way Link 16; and
(4) $8.5 million for receiving and exploiting the
JSTARS MTI capabilities.
The conferees also agree to authorize an increase of $3.5
million of procurement funding to accomplish these objectives.
CV-22 special operations tiltrotor aircraft
The budget request included $576.8 million in PE 64262N
for development of the V-22 tiltrotor aircraft to meet the
medium lift amphibious/vertical lift needs of the Marine Corps
(MV-22) and the special operations needs (CV-22) of the Special
Operations Command (SOCOM). The Navy and the SOCOM acquisition
executives reached agreement on a program that will develop an
aircraft capable of meeting the SOCOM's needs for the CV-22.
This program provides for remanufacture of a MV-22 test
aircraft to CV-22 standards for test and evaluation, rather
than providing a new aircraft off the production line.
The House bill would authorize an additional $37.0
million to procure a new aircraft to support testing and
evaluation of the CV-22, notwithstanding the agreement between
the Department of the Navy and SOCOM acquisition executives.
The House report (H. Rept. 104-563) expressed the opinion that
the remanufacturing alternative would represent a significant
challenge for the program office to complete the CV-22 program
with the desired capabilities by the date of the required
special operations initial operational capability (IOC). The
report expressed the opinion that the agreed plan would pose an
unacceptable risk to CV-22 program. The report indicated that
the House expected the Secretary of the Navy to include the
total of $47.0 million required to complete the CV-22 test and
evaluation aircraft in the Navy's budget requests for fiscal
years 1998 and 1999.
The Senate amendment would authorize an additional $20.0
million for funding for risk mitigation during the first year
of low rate initial production. The Senate report (S. Rept.
104-267) noted that the program agreed upon by the Navy and
SOCOM acquisition executives would be predicated on
remanufacture of an MV-22 aircraft for CV-22 test and
evaluation, and would represent compliance with all key
performance parameters and most of the threshold requirements
defined in the joint operational requirements document (JORD).
The report noted that using a remanufactured MV-22 flight test
article would represent an innovative, cost-effective solution
to the problem of living within the program's resources. The
report also noted that the remanufacturing approach represents
a challenge for the program office to complete the CV-22
program with the agreed-on capabilities on or before the
required IOC in 2005. The report also noted that the Senate
expected the joint program office to release aircraft number
nine back to the contractor for remanufacture by August 1,
1999. Should additional testing for the MV-22 program be
necessary, the program manager would be required to develop and
implement the necessary options to complete MV-22 testing
without the use of aircraft number nine after August 1, 1999.
The conferees understand that, notwithstanding the
agreement that the SOCOM acquisition executive signed, the
SOCOM would prefer to have a new, rather than a remanufactured
aircraft to conduct CV-22 testing. The SOCOM has expressed
concern that meeting the established IOC of having 15 aircraft
available in fiscal year 2005 is at risk. The conferees also
understand that the SOCOM has reservations about accepting an
aircraft for the remanufacture program that could have upwards
of 200 hours of flight time, based on previous experience with
the MH-47 program.
The conferees observe that there are some similarities
and some differences between the schedules for the buying and
remanufacturing approaches;
(1) The schedule laid out by the Department indicates
that the program preferred by the SOCOM would involve building
an MV-22 aircraft that would later be converted to CV-22
configuration. Building a CV-22 aircraft, when the CV-22 is
itself in development, now would involve too much concurrency.
(2) This MV-22 aircraft would be inducted into a CV-22
conversion program at the same time that an existing test
aircraft would enter a remanufacturing program to turn it into
a CV-22 test aircraft. According to the current schedule, both
programs would deliver a CV-22 aircraft for testing in May,
2000.
(2) Buying a new dedicated test aircraft would reduce
schedule risk. Should something happen to one of the test
aircraft during MV-22 testing, the whole testing program and
making one of the test aircraft available for remanufacturing
could be delayed.
The conferees note that such schedule risk could be
mitigated by the fact that this bill would add two production
MV-22 aircraft that could be made available in lieu of
providing a test aircraft for remanufacture. However, having an
extra test aircraft available over the life of the MV/CV-22
program would ease the problems of testing schedules.
The conferees agree to provide an additional $37.0
million, with $27.0 million for the new MV-22 aircraft that
would be converted to CV-22 configuration later, and $10.0
million provided only for mitigating technical risk in the
overall V-22 program.
The conferees have agreed to support the extra dedicated
test aircraft because of SOCOM's view that this aircraft is the
Command's number one unfunded priority. The conferees are
willing to defer to the SOCOM in this case, with the
understanding that the SOCOM will budget for the additional
funds, beyond those now included in the program plan for
remanufacture of an MV-22 to the CV-22 configuration, for: (1)
the rest of the costs of the new aircraft; and (2) any CV-22-
unique risk mitigation effort that SOCOM views as important.
The conferees expect that these funds would be transferred from
SOCOM to the Navy acquisition executive during the years of
execution.
Precision targeting and location system
The budget request included $78.7 million in PE 64270N
for electronic warfare engineering and manufacturing
development.
The House bill would authorize an additional $3.5 million
for development and demonstration in a flyable prototype of
currently available technology capable of rapid, precision
location of sources of global positioning system collateral
interference and intentional jamming in order to assess the
technical feasibility and utility of such a targeting system on
operational aircraft and unmanned aerial vehicles.
The Senate amendment did not include a specific
authorization for such a precision targeting and location
system development and demonstration program.
The Senate recedes.
Battle group passive horizon extension system--surface terminal
The budget request included $1.9 million PE 64721N for
continued research and development of the battle group passive
horizon extension system--surface terminal (BGPHES-ST)
capabilities.
The House bill would authorize an increase of $1.0
million in PE 64721N for procurement by the Navy of existing
Air Force processing capabilities and algorithms for
exploitation of the class of threats known as ``PROFORMA'' and
integration of EPR-157 and EPR-208 capabilities in existing
BGPHES-ST hardware.
The Senate amendment would authorize the budget request.
The Senate recedes.
Tactical electronic reconnaissance processing and evaluation system
The budget request included $2.5 million in PE 26313M for
upgrade to, and communications integration testing within, the
tactical electronic reconnaissance processing and evaluation
system (TERPES).
The House bill would authorize an additional $855,000 to
provide communication software upgrades to improve TERPES
interoperability with the global command and control system
(GCCS) and the tactical air mission planning system (TAMPS).
The Senate amendment would authorize the budget request.
The Senate recedes.
GEOSAT Follow-On
The Senate amendment contained $20.0 million to begin
development of a second GEOSAT Follow-On (GFO-2) altimetry
satellite.
The House bill did not include funding for GFO-2.
Given the cost growth that has taken place in the GFO-1
program, the conferees agree to authorize $15.0 million in PE
35160N to commence work on GFO-2, subject to the following
restrictions: (1) Of the $15.0 million authorized for GFO-2,
the conferees agree to authorize the use of up to $10.0 million
to compensate for cost growth in the GFO-1 program and to ready
the satellite for launch; and (2) the conferees direct the
Secretary of the Navy not to obligate or expend any of the
funds on a GFO-2 program until the Secretary certifies to
Congress that technical and cost issues associated with GFO-1
have been satisfactorily resolved and the Secretary recommends
proceeding with GFO-2.
High frequency active auroral research program
The budget request included $121.1 million for Phillips
Laboratory exploratory development (PE 62601F) and $54.1
million for counterproliferation support (PE 63160D).
The Senate amendment authorized an increase of $15.0
million for the high frequency active auroral research program,
with $7.5 million in PE 62601F and $7.5 million in PE 63160D.
The House bill authorized the budget request.
The House recedes.
Space architect
The budget request included $15.0 million in PE 63855F
for the Department of Defense Space Architect.
The House bill recommended a reduction of $4.0 million
from the request, to include any ``pass-through'' funding
intended for the Office of the Secretary of Defense for which
there was no request.
The Senate amendment approved the budget request.
The conferees agree to authorize $13.0 million in a new
operational systems development program element, a reduction of
$2.0 million. The conferees are following with interest the DOD
Space Architect's on-going reviews of the appropriate military
satellite communications architecture and the architecture for
space control. The conferees expect to be kept apprised of
progress during the conduct of these important reviews. The
conferees also strongly urge the Architect to consult closely
with the Commander-in-Chief, U.S. Space Command during these
reviews. Finally, the conferees direct that, in the submission
of the fiscal year 1998 budget request, funding for the Deputy
Under Secretary of Defense for Space not be included along with
funds for the Space Architect.
Nuclear weapons support
The budget request included $4.8 million in PE 64222F for
nuclear weapons support.
The conferees are concerned about the backlog of
requirements for nuclear weapons support for various systems
and the impact this backlog can have upon U.S. confidence in
the reliability of the nuclear weapons stockpile. Accordingly,
the conferees recommend an increase of $1.0 million for
activities of the Air Force's Nuclear Weapons Integration
Office. The conferees direct the Secretary of the Air Force to
include sufficient funds in the fiscal year 1998 budget request
to eliminate this backlog.
Global positioning system
The Senate amendment recommended an increase of $7.1
million in PE 64480F to sustain the development and support a
production rate of three Block IIF Global Positioning System
(GPS) satellites per year, which will be required to maintain a
full 24-satellite constellation. The Senate amendment also
recommended an increase of $5.0 million in PE 35164F to
accelerate activities necessary to ensure effective use of
high-precision GPS signals by United States forces, and the
means to deny access to those signals by hostile forces.
The House bill recommended approval of the budget request
for GPS.
The conferees agree to authorize an increase of $7.1
million in Missile Procurement, Air Force, to sustain the
development and support a production rate of three Block IIF
GPS satellites per year. The conferees also agree to authorize
an increase of $5.0 million in PE 35164F to accelerate
activities necessary to ensure effective use of high-precision
GPS signals by United States forces, and the means to deny
access to those signals by hostile forces.
Experimental evaluation of major innovative technologies (EEMIT)
The budget request included $635.6 million for
experimental evaluation of major innovative technologies
(EEMIT) (PE 63226E).
The House bill would authorize an increase of $38.4
million in PE 63226E: $2.4 million for fuel cells; $5.0 million
for telemedicine (PE 63002A); $10.0 million for cruise missile
defense; $4.0 million for safety and survivability; $5.0
million for digital battlefield medical x-ray technology; and
$12.0 million for the passive millimeter wave camera.
The Senate amendment would authorize an increase of $77.3
million in PE 63226E: $50.0 million for cruise missile defense;
$3.0 million for the large millimeter wave telescope; $10.0
million for Crown Royal; $4.3 million for carbonate-based fuel
cells; and $10.0 million for thermophotovoltaics.
The conferees agree to a total authorization for EEMIT of
$648.7 million in PE 63226E. The conferees agree to authorize
$2.1 million for fuel cells; $8.0 million for the telemedicine
project for disaster relief and emergency medical services
(DREAMS); $10.0 million for thermophotovoltaics; $3.0 million
for the large millimeter wave telescope; and of the funds
available in the EEMIT line, $5.0 million may be used for the
passive millimeter wave camera.
The conferees agree to reduce the authorization by $5.0
million for dynamic multiuse information fusion, and by $5.0
million for the joint forward air combat control project.
Data review and analysis monitoring aid (DRAMA)
The budget request included $13.8 million for the Defense
Support Activities (PE 65798S).
The Senate amendment would authorize an increase of $3.0
million in PE 65798S for the continuation of the DRAMA program
to reduce duplication in the defense supply system.
The House bill would authorize the budget request.
The House recedes.
Joint command, control, communications, and computers/intelligence,
surveillance, and reconnaissance
The budget request included $2.9 million in PE 33149K for
C4I for the Warrior, a new initiative that promotes the
development and demonstration of joint and coalition command,
control, communications, and computers/intelligence
interoperability.
The House bill would authorize an increase of $15.0
million for development of improved capabilities for concept
development, analysis, and evaluation of advanced technology
and concepts for joint command, control communications, and
computers/intelligence, surveillance, and reconnaissance,
including $10.0 million for establishment of a battle
laboratory and $5.0 million for development of advanced
modeling and simulation.
The Senate amendment would authorize the budget request.
The House recedes.
Defense Airborne Reconnaissance Office (DARO) research and development
The budget request included $438.6 million for research
and development for the Defense Airborne Reconnaissance
Program.
The House bill would add a total of $90.5 million to the
request. The Senate amendment would increase the request by
$23.4 million. Details of the adjustments in the House bill and
the Senate amendment, as well as the final conference
agreement, are displayed in the table below:
DEFENSE AIRBORNE RECONNAISSANCE PROGRAM DEVELOPMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget Conference
Program request Proposed House Change Senate agreement
----------------------------------------------------------------------------------------------------------------
Tactical UAV joint program--project
141:
Tactical UAV...................... 51,449 (18,000) (12,800) 33,449
Tactical control system........... 7,067 ...................... ...................... 7,067
Common systems development........ 6,092 ...................... ...................... 6,092
-------------------------------------------------------------------------
Subtotal--project 141........... 64,608 (18,000) (12,800) 46,608
=========================================================================
Airborne reconnaissance program--
project 525:
Advanced sensors.................. 66,367 15,000 ...................... 76,367
Reconnaissance advanced technology 17,523 8,000 ...................... 25,523
Common data link.................. 29,431 ...................... (6,500) 22,931
DARO operations................... 641 ...................... ...................... 641
-------------------------------------------------------------------------
Subtotal--project 525........... 113,962 23,000 (6,500) 125,462
=========================================================================
Endurance UAVs--project 527:
Predator.......................... 6,099 ...................... ...................... 6,099
High altitude endurance (HAE) UAV
common ground segment............ 71,642 ...................... ...................... 71,642
Conventional HAE (Global Hawk).... 81,227 ...................... ...................... 71,227
Low observable HAE (Dark Star).... 17,426 28,500 ...................... 45,926
-------------------------------------------------------------------------
Subtotal--project 527........... 176,394 28,500 ...................... 194,894
=========================================================================
Manned reconnaissance program--
project 530:
U-2............................... 4,161 57,000 42,700 46,861
U-2 support for precision guided
munitions........................ 24,119 ...................... ...................... 24,119
-------------------------------------------------------------------------
Subtotal--project 530........... 28,280 57,000 42,700 70,980
=========================================================================
Distributed common ground system
(DCGS)--project 531:
Common imagery ground/surface
system (CIGSS)................... 47,780 11,000 ...................... 47,780
Airborne reconnaissance ground
SIGINT system (ARGSS)............ 5,116 ...................... ...................... 5,116
DCGS interoperability............. 2,419 ...................... ...................... 2,419
-------------------------------------------------------------------------
Subtotal--project 530........... 55,315 11,000 ...................... 55,315
=========================================================================
Total PE 35154D................. 438,559 90,500 23,400 493,259
----------------------------------------------------------------------------------------------------------------
TACTICAL UNMANNED AERIAL VEHICLES (PROJECT 141)
The budget request for tactical unmanned aerial vehicles
(project 141) included $64.6 million for fiscal year 1997.
The House bill would reduce the budget request by $18.0
million.
The Senate amendment would reduce the budget request by
$12.8 million.
The conferees agree to recommend $46.6 million for the
joint tactical unmanned aerial vehicle (JTUAV) program, a
reduction of $18.0 million. The restructuring of the program
and the creation of an advanced concept technology
demonstration (ACTD) has resulted in excess unexpended funds
from fiscal years 1995 and 1996. Accordingly, the conferees
recommend a reduction of $18.0 million.
The conferees note the rapidity with which the DARO has
initiated the JTUAV program as an ACTD. The conferees are
skeptical of the Department's stated intention to transition
the JTUAV ACTD into an acquisition program before having any
experience with even a limited demonstration of the program. It
appears that the Department is using the ACTD program to
circumvent acquisition requirements, rather than to demonstrate
new technologies on a limited basis. Considering the
Department's unimpressive record of UAV acquisitions, and
continuing difficulties in fielding proposed sophisticated
UAVs, the conferees urge caution. Not only has the Department
had difficulties in fielding systems, but it continues to
endure significant losses of existing UAVs to mechanical
malfunction. The conferees intend to follow closely the JTUAV
development to ensure DARO adheres to accepted acquisition
principles and regulations, and its commitment to timely
results.
Finally, noting the continued difficulties experienced by
the DARO in developing a suitable heavy fuel engine for its
UAVs, the conferees encourage competition to the maximum extent
possible in developing this capability.
AIRBORNE RECONNAISSANCE PROGRAM (PROJECT 525)
Joint airborne signals intelligence (SIGINT) architecture (JASA)
The budget request included $51.8 million within the
$66.3 million contained in the advanced sensors line to
continue the joint airborne SIGINT system (JASS) development,
including continuing work on the JASS high band prototype
(HBP).
The House bill would authorize the request. The House
report (H. Rept. 104-563) would prohibit the Department from
obligating any funds for the HBP follow-on system, the JASS
high band subsystem (HBSS), until the completion of flight
testing and when the HBP had proven its utility.
The Senate amendment would authorize the request without
similar restrictions.
The conferees agree to authorize the requested amount for
HBP to continue airborne SIGINT functional developments,
including the technical infrastructure upgrades necessary for
aircraft to incorporate future developments. However, because
the Department is scheduled to award the HBSS contract before
the HBP flight testing has begun, the conferees direct that no
funds be obligated to integrate and develop the HBSS until the
Secretary of Defense certifies to the Congress that such
concurrency provides an acceptable level of technical and
schedule risks. The conferees also direct the Secretary to
provide a complete cost and capability analysis of those
elements of the HBP that will be used in the HBSS.
The conferees remain concerned about the health and long-
term well-being of airborne SIGINT reconnaissance, because of
the pressures to field sensor and system improvements to keep
abreast of constantly evolving threats. The conferees believe
the DARO should be managing the airborne SIGINT program in a
manner that provides for needed upgrades while moving toward
the objective JASA architecture.
Electro-optic camera framing technology
The budget request contained $114.0 million for the
airborne reconnaissance program (project 525), including $66.4
million for advanced sensor development.
The House report (H. Rept. 104-563) noted that several
technologies show promise for providing precision point
targeting and location data. The House bill would authorize an
additional $15.0 million for the continued development and
evolution of the electro-optic (EO) framing sensors with on-
chip forward motion compensation (FMC) technology, including:
(1) $3.0 million for the operational insertion and
testing of a medium altitude wide area coverage ``step
frame'' sensor;
(2) $2.2 million to develop enhanced data
compression algorithms;
(3) $5.8 million to conduct a study of, and begin
development for, an EO framing infrared (IR) charge-
coupled device with on-chip FMC; and
(4) $4.0 million to support multi-spectral EO
framing technologies with on-chip FMC.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $10.0 million for
continued research and development of this capability,
including:
(1) $3.0 million for the medium altitude wide area
coverage step frame sensor;
(2) $4.0 million for enhanced data compression
algorithms; and
(3) $3.0 million for multi-spectral EO framing
technology development with on-chip FMC.
The conferees are aware that the area of EO/IR framing
technologies is dynamic, with several vendors offering
approaches to solving reconnaissance mission needs. Therefore,
the conferees encourage the DARO to avail itself of the
benefits of this competitive marketplace in addressing the
conferees' concerns.
Multi-function self-aligned gate technology
The budget request included $114.0 million for the
airborne reconnaissance program (project 525), including $17.5
million for the reconnaissance advanced technology project.
The House bill would provide an additional $8.0 million
for the reconnaissance advanced technology project for multi-
function self-aligned gate (MSAG) technology.
The Senate amendment would authorize the budget request.
The conferees agree to provide an additional $8.0 million
for MSAG as described in the House report (H. Rept. 104-563).
endurance unmanned aerial vehicles (project 530)
Global Hawk
The budget request included $81.2 million project 530 for
the Global Hawk UAV ACTD, including $10.0 million for
development of a signals intelligence payload.
The House bill would prohibit the obligation of funds for
the signals intelligence payload until the Global Hawk has been
proven in flight demonstrations.
The Senate amendment would authorize the budget request.
The conferees agree to recommend a reduction of $10.0
million to the budget request for the Global Hawk.
Dark Star
The budget request included $17.4 million within project
530 for the Dark Star UAV.
The House bill would increase the budget request by $17.5
million to upgrade electro-optical cameras, provide a
redesigned synthetic aperture radar antenna, and provide a more
robust aerial vehicle design.
The first Dark Star vehicle crashed on its second test
flight. Subsequent to this event and the passage of H.R. 3230,
the Intelligence Authorization Bill recommended adding $22.0
million to recover from the air vehicle crash.
The Senate amendment would support the authorization in
the budget request, but include a provision (sec. 216) on Dark
Star described elsewhere in the statement of managers. The
Senate recedes on the bill provision.
The conferees agree on the importance of returning the
Dark Star program to flight testing as soon as the program
manager has extracted the necessary lessons from the recent
crash. Realizing the potential of the Dark Star UAV to provide
unique support to operational users, the conferees agree to
authorize an additional $28.5 million for the Dark Star UAV,
for the following purposes:
(1) $22.0 million to complete the necessary
engineering and design efforts to recover from the
crash of the first air vehicle;
(2) $3.5 million for integrating EO framing
technology with on-chip forward motion compensation
into the aircraft and associated ground processing
equipment; and
(3) $3.0 million for long lead procurement for the
fifth air vehicle, which will replace the destroyed
aircraft.
manned reconnaissance program (Project 530)
The budget request for the manned reconnaissance program
(project 530) was $28.3 million.
The House bill would increase the budget request by $57.0
million for projects as follows:
(1) $10.0 million to improve and downsize the
Senior Year electro-optical system (SYERS) sensor to:
(a) enable the Air Force to fly the two
systems simultaneously on the U-2; and
(b) to improve SYERS geolocational
accuracies;
(2) $7.0 million to support the ASARS improvement
program (AIP) to ensure this upgrade can be fielded by
fiscal year 1998;
(3) $40.0 million, the remainder of recommended
additional funding, to upgrade Senior Ruby, Senior
Spear, and Senior Glass to a common configuration.
Specifically, the House report would direct the Air
Force to:
(a) upgrade the Senior Spear and Senior
Ruby sensors to the Senior Glass configuration;
and
(b) upgrade the existing Senior Glass
systems to an open architecture configuration
consistent with an architectural approach
approved by the Defense Cryptologic Program
manager.
The House bill would also direct the Department to
determine, and to program for, necessary future years level-of-
effort funding to continue evolutionary U-2 sensor upgrades.
The Senate amendment would authorize an additional $32.7
million to procure and integrate two additional Senior Glass
payloads for the U-2 fleet. The Senate amendment would also
provide an additional $10.0 million to repackage the SYERS
sensor for simultaneous operation with other sensors, and to
begin the effort to add geolocation, broad area coverage, and
multi-spectral imaging capabilities.
The conferees agree to recommend $70.9 million, or an
increase of $42.7 million, to be applied as follows:
(1) $32.7 million to procure and integrate
additional Senior Glass payloads;
(2) $10.0 million to repackage the SYERS sensor for
simultaneous operation with other sensors, and to begin
the effort to improve capabilities for geolocation,
broad area coverage, and multi-spectral imaging.
The conferees recognize that:
(1) the DARO needs to develop and field systems
compliant with the joint airborne SIGINT architecture
(JASA);
(2) the JASA effort is an important initiative for
providing future intelligence gathering capability; and
(3) the Department needs to continue making
incremental upgrades to U-2 SIGINT capabilities to
maintain near-term capability, while the Department
completes JASA development.
distributed common ground system (project 531)
The budget request included $55.3 million in project 531,
including $47.8 million for the common imagery ground/surface
system (CIGSS).
The House bill would authorize an additional $11.0
million to modify core CIGSS components to ensure the program
can achieve a common, interoperable baseline by fiscal year
1998. The House report complimented the Department's technical
solutions and management approach to migrating the various
imagery ground stations to the CIGSS configuration and
standards as outlined in the published handbook.
The Senate amendment would support the budget request.
The conferees agree to support the budget request of
$55.3 million for project 531.
AC-130 aircraft enhancements, Special Operations Command
The budget request included $83.9 million for tactical
systems development for the U.S. Special Operations Command
(SOCOM).
The Senate amendment would authorize an increase of $5.8
million in PE 1160404BB for enhancements to the SOCOM AC-130
aircraft.
The House bill would authorize the requested amount.
The Senate recedes.
Advanced SEAL delivery system
The budget request included $83.9 million in PE 1160404BB
for special operations tactical development.
In order to provide a significant improvement in the
acoustic characteristics of the advanced SEAL delivery system
(ASDS) before its procurement begins, the Senate amendment
would authorize an increase of $2.8 million above the budget
request in PE 1160404BB to provide quieter pumps and motors for
the base design of the ASDS.
The House bill would authorize the requested amount.
The House recedes.
Rigid hull inflatable boat
The budget request included $5.0 million for procurement
of special warfare equipment, including $4.5 million for
procurement of the Naval Special Warfare 10 meter Rigid Hull
Inflatable Boat (RHIB).
The House bill would authorize an increase of $2.75
million in PE 1160404BB to complete development and operational
testing of competing prototype RHIBs, a downselect decision to
a single contractor, and other activities relative to a
Milestone III decision for the RHIB in fiscal year 1997.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
The conferees agree to authorize an increase of $4.5
million in PE 1160404BB to complete development and operational
testing of the RHIB as recommended in the House report (H.
Rept. 104-563). The conferees further agree to a corresponding
reduction in the amount authorized for procurement of special
warfare equipment.
Ballistic missile defense funding and programmatic guidance
The fiscal year 1997 budget request for the Ballistic
Missile Defense Organization (BMDO) was $2.8 billion, including
research, development, test, and evaluation (RDT&E),
procurement, and military consideration.
The House bill would authorize an increase of $724.8
million for BMDO.
The Senate amendment would authorize an increase of
$855.9 million for BMDO.
The conferees agree to authorize a total of $3,712.9
million for BMDO, an increase of $914.2 million above the
budget request. The conferees' recommended funding allocations
are summarized in the following table. Additional programmatic
and funding guidance are also provided below.
BMDO FUNDING ALLOCATION
[Millions of dollars]
------------------------------------------------------------------------
Program Request Change Recommendation
------------------------------------------------------------------------
Support Technology................ 226.3 +147.5 373.8
THAAD............................. 481.8 +140.0 621.8
Hawk*............................. 19.4 ......... 19.4
TMD-BM/C3*........................ 19.3 ......... 19.3
Navy Lower Tier**................. 310.7 ......... 310.7
Navy Upper Tier................... 58.2 +246.0 304.2
Corps SAM......................... 56.2 ......... 56.2
BPI............................... ......... +24.3 24.3
NMD............................... 508.4 +350.0 858.4
Joint TMD***...................... 521.5 +6.4 527.9
PAC-3**........................... 596.9 ......... 596.9
-------------------------------------
BMDO Total.................... 2,798.7 +914.2 3,712.9
------------------------------------------------------------------------
*Procurement only.
**Procurement and RDT&E.
***RDT&E and Military Construction.
support technology
The budget request for BMDO's support technology programs
(E 62173C/63173C) was $226.3 million. The conferees agree to
authorize a net increase of $147.5 million for support
technology.
The conferees support BMDO's efforts in the area of wide
bandgap electronics that are funded in the Innovative Science
and Technology program (project 1651). The conferees agree to
authorize an increase of $10.0 million in PE 62173C to
facilitate a wide bandgap electronics program specifically
targeting gallium nitride and silicon carbide as the major
semiconductor technologies to be developed. The program should
be affiliated with an academic institution involving a research
and development facility for material growth, material
characterization (including material surface behavior), and
wide bandgap semiconductor device development.
The conferees recommend an increase of $20.0 million in
PE 63173C for United States-Russian cooperative BMD programs
and activities, as specified in the House report (H. Rep. 104-
563).
The conferees recommend an increase of $7.5 million in PE
63173C for the Scorpius space launch technology demonstration
program.
The conferees strongly support BMDO's development of the
Atmospheric Interceptor Technology (AIT) program and recommend
an increase of $40.0 million in PE 63173C for the AIT program.
The conferees continue to support development of the
Space-Based Laser (SBL) program. SBL offers the potential for a
high leverage system to deal with ballistic missiles of
virtually all ranges. The conferees agree to authorize an
increase of $70.0 million in PE 63173C to continue the SBL
effort. The conferees believe that the Air Force should begin
to take a much more active role in developing the SBL program.
Specifically, the committee believes that the Air Force Space
and Missile Systems Center should play a key role in designing
a demonstrator spacecraft and providing detailed cost estimates
for completion of such a demonstration program.
theater high altitude area defense system
The budget request included $481.8 million to complete
Theater High Altitude Area Defense (THAAD) demonstration and
validation (Dem/Val) and to begin engineering and manufacturing
development (EMD). The conferees continue to support the
development, production, and fielding of THAAD as a matter of
highest priority. The conferees remain committed to fielding
the THAAD system as quickly as technically feasible. The
conferees agree to authorize an increase of $75.0 million in PE
63861C and an increase of $65.0 million in PE 64861C, an
overall increase of $140.0 million for the THADD program.
The conferees also attach importance to the THAAD User
Operational Evaluation (UOES) system. This system will provide
valuable opportunities for training and testing. Most
importantly, it will provide some limited operational
capability in the event of a crisis. However, the conferees
question the adequacy of a UOES capability based on 40
interceptor missiles. The conferees believe that a total of 80
missiles is more appropriate, and direct the Secretary of
Defense to include funding to acquire these additional 40 UOES
missiles in the fiscal year 1998 budget request.
The administration's proposed program for THAAD does not
include funding for a second EMD radar until very late in the
program. The conferees believe that there are many compelling
reasons to fund this radar earlier. Accordingly, the conferees
direct the Secretary of Defense to proceed with acquisition of
a second EMD radar in fiscal year 1997 and agree to authorize
$65.0 million in long-lead funding for this purpose.
The conferees strongly reject the idea that the THAAD
development program should be delayed so as to allow a ``fly-
off'' between THAAD and the Navy Upper Tier system.
The conferees understand that the Army plans to complete
THAAD dem/val flight testing at the White Sands Missile Range
and transition to flight testing at the Kwajalein Missile Range
for the EMD phase. The conferees support this plan.
navy upper tier (theater wide)
The budget request included $58.2 million for continued
development of the Navy Upper Tier (Theater Wide) TMD system.
This is a significant reduction from the $200.4 million
authorized and appropriated in fiscal year 1996, and reflects
the low priority that the administration attaches to this
program. The conferees do not support the Department's
recommendation to delay the development and deployment of the
Navy Upper Tier system.
The National Defense Authorization Act for Fiscal Year
1996 mandates that the Navy Upper Tier system become the fourth
``core'' TMD system and establishes accelerated milestones for
this program. The conferees have not been made aware of any
technical reasons why a Navy Upper Tier capability cannot be
fielded on a much more aggressive schedule than proposed by the
administration.
The conferees continue to support the Navy Upper Tier
system as a matter of priority. Sea-based upper tier TMD
capability provides an important complement to ground-based
systems, and each has unique attributes. Accordingly, the
conferees recommend a net increase in PE 63868C of $246.0
million to support an accelerated Navy Upper Tier program.
The conferees are aware that BMDO has begun evaluating
the key modifications required for the THAAD kill vehicle to be
a candidate for the Navy Upper Tier mission. The conferees
recommend the use of not more than $10.0 million to support
this effort in fiscal year 1997 from the overall amount
authorized for the Navy Upper Tier program, and not more than
$10.0 million from the overall amount authorized for THAAD for
this purpose.
The conferees believe that the Navy, in conjunction with
BMDO, should assess the potential that development of a new
second stage motor for the Standard Missile could have for a
range of missile defense applications. Accordingly, the
conferees recommend the use of $10.0 million of the funds
authorized for Navy Upper Tier to initiate this second stage
motor development effort.
corps sam/medium extended air defense system
The budget request included $56.2 million for Corps
surface-to-air missile (SAM)/Medium Extended Air Defense System
(MEADS) program. The conferees endorse the MEADS program, which
is required to defend forward-deployed troops, and approve the
budget request, subject to limitation specified elsewhere in
this report.
united states-israel boost phase intercept program
In the Statement of Managers accompanying the National
Defense Authorization Act for Fiscal Year 1996, the conferees
endorsed a cooperative program between the United States and
Israel to develop a kinetic energy boost-phase intercept
program based on an unmanned aerial vehicle (UAV). The
conferees maintain their strong support for this concept. The
budget request included $9.3 million in the Joint TMD program
element (PE 63872C) to continue this effort. The conferees
recommend that these funds be transferred to the BPI program
element (PE 63870C) and that this amount be increased by $15.0
million for a total authorization of $24.3 million.
The conferees believe that the first step of this U.S.-
Israel BPI program should be a joint technology risk mitigation
effort, aimed at reducing technological uncertainties. If this
proves successful, it can be followed by an advanced technology
demonstration to validate the technical feasibility of the
concept and the major system elements. This would enable the
United States and Israel to evaluate the potential for a joint
acquisition program or one in which both countries continue to
collaborate on separate but mutually reinforcing efforts.
national missile defense
The budget request included $508.4 million for National
Missile Defense (NMD). Based on information received from the
Department of Defense, the conferees do not believe that the
administration's proposed budget and program plan for NMD are
adequate even to meet the stated purpose of its ``deployment
readiness'' program. As acknowledged by the Director of BMDO in
congressional testimony, the planned test program for the
exoatmospheric kill vehicle (EKV) is inadequate to support a
deployment decision within the framework of the ``3+3''
program. The administration's proposed NMD program consists of
just five EKV flights: two in fiscal year 1997; two in fiscal
year 1998; and one in fiscal year 1999. Under this plan, the
NMD deployment decision supposedly could be made at the end of
fiscal year 1999; however, such a decision would be based on a
single integrated interceptor tests. Furthermore, the test
booster would not represent an operational configuration.
To support a lower risk and more robust NMD program, the
conferees believe that additional EKV flight tests are
required. Specifically, the conferees direct the Secretary of
Defense to restructure the EKV program to support two flight
tests in fiscal year 1997, three in fiscal year 1998, and four
in fiscal year 1999. This requires the acquisition of
additional kill vehicle and test booster hardware.
Additionally, the conferees direct the Secretary to evaluate
the advantages of upgrading the Payload Launch Vehicle (PLV)
system to provide a more representative velocity regime and
test environment for NMD system tests. To accomplish these
objectives, and to ensure that other aspects of the NMD program
are able to support an initial operational capacity (IOC) in
fiscal year 2003 (which the administration's proposal
supposedly protects), the conferees recommend an increase of
$350.0 million in PE 63871C.
The conferees commend the Under Secretary of Defense
(Acquisition and Technology) for his recent decision to
establish an NMD joint-service program office (JPO), and direct
the Director of BMDO to ensure full participation by the Army,
Navy, and Air Force in the JPO. In addition, the committee
directs the Director of BMDO to ensure that the EKV and
associated booster designs are compatible with the widest
possible range of NMD system architectures and basing modes.
The conferees direct that the Director of BMDO inform the
Senate Committee on Armed Services and the House Committee on
National Security of his plans in this regard not later than
February 15, 1997.
The conferees note that the prototype ground-based radar
(GDR-P) is an important NMD system element, and the GBR-P is
scheduled to begin testing at U.S. Army Kwajalein Atoll (USAKA)
in 1998. This schedule must be maintained, or accelerated, in
order to realize cost savings associated with leveraging the
THAAD radar program and test schedule. Of the amounts
authorized in PE 63871C, the conferees recommend $68.0 million
for GBR-P in order to ensure that the radar is available for
integrated system testing in fiscal year 1998.
The conferees recognize the importance of the Midcourse
Space Experiment (MSX) for collecting and analyzing background
data of use to future midcourse sensors such as the Space
Missile and Tracking System. The conferees are concerned,
however, that BMDO has failed to budget funds to continue
operations through the end of the expected lifetime of the
satellite. Therefore, the conferees strongly urge the Director,
BMDO to provide adequate funds in the fiscal year 1998 budget
submission and over the Future Years Defense Plan (FYDP) for
MSX satellite operations.
The conferees understand the importance of an effective
battle management/command, control, and communications (BM/C3)
architecture to overall NMD system performance and reliability.
In this regard, the conferees are aware of proposals to
leverage existing TMD BM/C3 capabilities, including such
capabilities being developed under the THAAD program, to
support an NMD system. The committee therefore urges the
Director, BMDO to study these proposals and inform the
committee not later than February 15, 1997, of his views in
this regard.
joint national test facility
The budget request included $5.8 million for Joint
National Test Facility (JNTF) modernization, split among
program elements 63871C, 63872C, and 63173C. To adequately
satisfy the complex missile defense integration requirements
leading to successful joint tests, analysis, war gaming, CINC
exercises, and acquisition support, the conferees recommend
$15.0 million be made available for modernization,
computational and wide area network capabilities in support of
the Ballistic Missile Defense Network (BMDN) from within the
program elements listed above.
management
The budget request did not contain a separate program
element for management.
The House bill recommended a general reduction of $15.0
million for management.
The Senate did not recommend a reduction for management.
The House recedes.
joint theater missile defense
The budget request included $521.5 in BMDO's Joint TMD
program element (formerly known as Other TMD). The committee
recommends a net increase of $6.4 million in PE 63872C,
including the following adjustments: (1) a transfer of $9.3
million to the BPI program element for the U.S.-Israel Joint
BPI program; (2) an increase of $3.7 million for the Arrow
Deployability Project (ADP), for a total authorization of $35.0
million to fully fund the U.S. share of the program envisioned
in the recently completed Memorandum of Agreement between the
United States and Israel; (3) an increase of $7.0 million for
the Army's Advanced Research Center (ARC), for a total
authorization of $15.0 million; and (4) an increase of $5.0
million for BMDO to ensure that the Navy's Cooperative
Engagement Capability is compatible with all of BMDO's core TMD
programs.
Holloman high speed test track
The budget request included $116.0 million for the
Central Test and Evaluation investment development program (PE
64940D).
The Senate amendment would authorize an increase of $17.0
million in PE 64940D for the joint high speed upgrade for the
Holloman High Speed Test Track.
The House recedes.
items of special interest
Chemical and biological defense program
The budget request included a total of $505.0 million for
the chemical-biological defense program, including $296.8
million in research and development, test and evaluation and
$208.2 million in procurement.
The House bill would authorize an increase of $44.3
million for research, development, test and evaluation, and an
increase of $16.2 million in the operations and maintenance
accounts ($13.2 million for Army and $3.0 million for the Air
Force).
The Senate bill would authorize the budget request.
The conferees agree to provide an increase to the budget
request of $16.2 million for shortfalls in operations and
maintenance ($13.2 million in the Army account and $3.0 million
in the Air Force account).
The conferees remain concerned with findings contained in
the March 1996 General Accounting Office (GAO) report on
chemical and biological defense. While the GAO report notes
improvement in the readiness of U.S. military forces to operate
in a chemical or biological environment, the report also
identifies continued deficiencies in the areas of chemical-
biological defense training; inadequacy of the biological
vaccine stockpile; development and implementation of a DOD
immunization policy; and adequacy of training and equipment for
medical personnel. In this regard, the conferees express
concern with the Department's management and oversight of the
chemical and biological defense program.
The conferees direct the Deputy Secretary of Defense to
review and report back to the Congress on steps taken by the
Department to correct deficiencies highlighted by the GAO
report, to include a decision on the development and
implementation of a DOD immunization policy. The conferees
agree that it is essential that a decision be made on the
vaccines to be stockpiled and on an immunization policy.
Further the conferees agree that it is essential that medical
personnel assigned to deploy with U.S. military forces to high
threat areas have the necessary training and equipment to
protect themselves against chemical or biological agents, and
the necessary training and equipment to treat casualties in a
chemically or biologically contaminated area.
legislative provisions
Subtitle A--Authorization of Appropriations
legislative provisions adopted
Defense Special Weapons Agency (DSWA) formerly known as the Defense
Nuclear Agency (DNA) (sec. 204)
The budget request included $314.3 million for the
Defense Nuclear Agency (DNA).
The Senate amendment contained provisions (secs. 109,
203, and 303) that would authorize a $15.0 million increase to
the budget request for the Defense Nuclear Agency (DNA) to
increase the frequency of nuclear weapons incidents field
training exercises ($3.0 million defense operations and
maintenance); to establish a counter terrorism support program
leveraging DNA capabilities developed during the Cold War, and
to establish a nuclear weapons delivery sustainment program
($12.0 million in research and development, PE 62715H).
The House bill would reduce the budget request for DNA by
$3.0 million. Additionally, it would deny $7.0 million
requested for the Topaz International Program (project AX), and
would make available $4.0 million to continue the counter
terrorist explosives research program.
The conferees agree to a provision that would authorize
$314.3 million for DNA ($192.1 million in PE 62715H, $26.2
million in PE 63711H, $88.1 million in operations and
maintenance, and $7.9 million in procurement). Of the amount
available in PE 62715H, the conferees agree that funds shall be
available for the following activities/programs: $4.0 million
for the continuation of the counter terrorism support program;
$3.0 million for Deep Digger; and $12.0 million to establish a
nuclear weapons delivery sustainment program.
Included in the budget request for DNA was $7.0 million
for the Topaz International program (project AX). The conferees
have reviewed the assessment conducted by the National Research
Council of this program. The conferees agree with a number of
conclusions and recommendations reached by the NRC. Substantial
amounts of money have been spent, both by the United States and
Russia, to develop space nuclear power. Despite the
identification of space reactor power as a potential enabler
for future missions, no potential users of mission requirements
have been identified.
Accordingly, the conferees deny the budget request for
the Topaz International Program (project AX). The conferees
understand that of the funds authorized for this program for
fiscal year 1996, $4.6 million remained unobligated and
unexpended. The conferees recommend that $3.0 million be used
to terminate the program. A substantial amount of money has
been spent over the decades on various space nuclear reactor
power technologies. To save this investment for potential
future use, the conferees recommend that all information and
technology related to the Topaz international program and the
U.S. space nuclear reactor power technology program be
deposited in a central repository.
Subtitle B--Program Requirements, Restrictions, and Limitations
LEGISLATIVE PROVISIONS ADOPTED
Space launch modernization (sec. 211)
The House bill contained a provision (sec. 211) that
would: (1) authorize $50.0 million for a competitive reusable
space launch vehicle (RLV) program; and (2) permit obligation
of the authorized funds only to the extent that the current
operating plan of the National Aeronautics and Space
Administration (NASA) allocates at least an equal amount for
the RLV program.
The Senate amendment contained a provision (sec. 211)
that would: (1) authorize $44.5 million for the Evolved
Expendable Launch Vehicle program and $25.0 million for a
competitive reusable launch vehicle technology program; (2)
prohibit the use of DOD funds for RLV in an amount in excess of
that dedicated to the program by NASA; and (3) prohibit the
obligation of funds authorized for the Evolved Expendable
Launch Vehicle (EELV) program in fiscal year 1997 until the
Secretary of Defense certifies that funds authorized to be
appropriated for RLV have been made available for obligation.
The House recedes with an amendment that would: (1)
authorize $44.5 million for the Evolved Expendable Launch
Vehicle program and $25.0 million for a competitive reusable
launch vehicle program; (2) permit obligation of the funds
authorized for RLV only to the extent that the current
operating plan of NASA allocates at least an equal amount for
the RLV program; (3) limit the obligation of funds for EELV to
$20.0 million until the Secretary of Defense makes available
for obligation funds authorized for RLV; and (4) require the
Secretary of Defense and the Administrator of the National
Aeronautics and Space Administration to submit to Congress a
joint plan for coordinating and eliminating unnecessary
duplication in the operations and planned improvements of
rocket engine test facilities managed by the Air Force and
NASA.
Space-Based Infrared System program (sec. 212)
The House bill contained a provision (sec. 219) that
would authorize funds for the Space-Based Infrared System
(SBIRS) program, prohibit the obligation of expenditure of
funds until the Secretary of Defense issues a certification to
Congress, and direct the Secretary to consider the appropriate
management responsibilities for the Space and Missile Tracking
System (SMTS) program.
The Senate amendment contained a similar provisions (sec.
213).
The Senate recedes with an amendment that would authorize
$427.4 million for the SBIRS program ($173.3 million for SBIRS
Space Segment High, $247.2 million for SMTS, and $6.9 million
for Cobra Brass), prohibit the obligation or expenditure of
more than $100.0 million for SBIRS Space Segment High until the
Secretary of Defense issues a certification to Congress, and
direct the Secretary to consider the appropriate management
responsibilities for the SMTS program.
The conferees are disappointed by the Department of
Defense's management of the SMTS program. The Department has
yet to present the revised SMTS program baseline as required by
section 216 of the National Defense Authorization Act for
Fiscal Year 1996. Additionally, poor management practices on
the part of the Air Force, the Office of the Secretary of
Defense, and the contractor have forced delays in the SMTS
program. The conferees are particularly disappointed by the
Department of Defense's decision to recommend for rescission
$51.0 million for fiscal year 1996 funds authorized and
appropriated for SMTS acceleration and competition. Shortly
after recommended these funds for rescission, the Department
endorsed a plan for enhanced competition. The Department's
handling of the fiscal year 1996 SMTS funding and its on-again,
off-again approach to competition is not acceptable. The
conferees direct the Secretary of Defense to promptly complete
the program baseline specified in section 216 of the National
Defense Authorization Act for Fiscal Year 1996, and to promptly
release the additional funds authorized for SMTS for fiscal
year 1997 for purposes of accelerating the program.
Clementine 2 micro-satellite development program (sec. 213)
The Senate amendment contained a provision (sec. 215)
that would authorize $50.0 million for the Clementine 2 mico-
satellite near-earth interception mission. The provision would
also prohibit the obligation of any funds for the Global
Positioning System (GPS) Block IIF satellite development
program until the Secretary of Defense certifies to Congress
that the fiscal year 1996 funds for Clementine 2 have been
obligated and the fiscal year 1997 funds for Clementine 2 have
been made available for obligation.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
$50.0 million for the Clementine 2 micro-satellite near-earth
asteroid mission and would prohibit the obligation of more than
$25.0 million for GPS Block IIF until the Secretary of Defense
certifies that fiscal year 1997 funds for Clementine 2 have
been made available for obligation.
Unmanned aerial vehicles (sec. 221)
The House bill contained a provision (sec. 217) that had
five sections addressing unmanned aerial vehicle (UAV)
programs. The sections would:
(1) prohibit the Secretary of Defense from entering
into a contract for the Joint Tactical Unmanned Aerial
Vehicle project until 30 days after certification was
received by the Congressional defense committee of the
justification and affordability of various
reconnaissance programs;
(2) require a clear depiction of reconnaissance
budget requests;
(3) transfer management of the Predator program to
the Department of the Air Force;
(4) prohibit the obligation of funds to operate
Predator UAV's from naval vessels; and
(5) provide $10.0 million for advanced concepts
technology demonstrations of air-to-surface precision
guided munitions employment using a UAV and a non
developmental laser target designator.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove
the following sections:
(1) the prohibition on entering into contracts on
the Joint Unmanned Aerial Vehicle, and
(2) authorization of $10.0 million for an ACTD of
air to surface precision guided munitions employment
using a UAV and a non developmental laser target
designator.
High altitude endurance unmanned aerial reconnaissance system (sec.
222)
The House bill contained a provision (sec. 223) that
would require that any funds authorized to be appropriated for
an improved Tier III Minus High Altitude Endurance Unmanned
Aerial Reconnaissance System that would increase the unit
flyaway cost above the established contracted for amount be
awarded through competitive acquisition procedures.
The Senate amendment contained no similar provision.
The Senate recedes.
Federally-funded research and development centers (sec. 226)
The Senate amendment contained a provision (sec. 222)
that would impose a combined ceiling on the funding that may be
provided to both federally-funded research and development
centers (FFRDCs) and university-affiliated research centers
(UARCs) fiscal year 1997 at the same level as that imposed for
fiscal year 1996.
The House bill contained no similar provision.
The House recedes with an amendment that would remove the
UARCs from the ceiling and would limit the statutory funding
ceiling for FFRDCs at the level reflected in projected
expenditures for studies and analyses FFRDCs in the fiscal year
1997 budget request. The conferees direct that funds expended
by an FFRDC on recapitalization not be limited by the amount of
the ceiling allocated to that FFRDC by the Department of
Defense. The conferees direct that management of the FFRDCs be
undertaken consistent with the direction in the House report
(104-563) and Senate report (104-267).
The conferees note the continued importance of
maintaining within the FFRDC community an international trade
and technology support capability as described in the Senate
report (104-112) to accompany the National Defense
Authorization Act for Fiscal Year 1996. The conferees urge the
Under Secretary of Defense for Acquisition and Technology to
ensure that this capability is continued at an appropriate
FFRDC and that sufficient funding be allocated to maintain it
at a robust level of effort.
Research activities of the Defense Advanced Research Projects Agency
relating to chemical and biological warfare defense technology
(sec. 228)
The House bill contained a provision (sec. 215) that
would amend provisions of Title XVII of the National Defense
Authorization Act of Fiscal Year 1994 (Public Law 103-160) to
clarify the role of the Defense Advanced Research Projects
Agency in the Department of Defense's research and developments
efforts related to chemical and biological warfare defense
technologies.
The Senate amendment contained no similar provision.
The Senate recedes.
Certification of capability of United States to prevent illegal
importation of nuclear, biological, or chemical weapons (sec.
229)
The House bill contained a provision (sec. 224) that
would require the President to certify to the Congress whether
or not the United States has the capability (as of the date of
certification) to prevent the illegal importation of nuclear,
biological, or chemical weapons into the United States and its
possessions.
The Senate amendment contained no similar provision.
The Senate recedes.
The Office of the Secretary of Defense report, titled
``Proliferation: Threat and Defense'', dated April 1996, cites
the growing threat posed by the proliferation of weapons of
mass destruction and the spread of technology for their
production. According to the report, one of the most volatile
and frightening scenarios for U.S. defense planning would be
based on a terrorist group that might attempt to smuggle
nuclear, chemical, or biological weapons materials into the
United States and attack U.S. domestic targets. The conferees
believe that the capability of the United States to deal with
the potential threat posed by the illegal importation of
nuclear, biological, or chemical weapons into the United States
should be acknowledged, so that U.S. citizens might understand
the seriousness of the threat and that increased emphasis might
be placed on meeting the threat.
Counterproliferation support program (secs. 231 and 1309)
The Senate amendment contained a provision (sec. 221)
that would authorize $176.2 million for the
counterproliferation support program, a $82.5 million increase
to the budget request. Of this increase, $75.0 million would be
authorized for the tactical antisatellite technologies program,
and $7.5 million would be authorized for the high frequency
active auroral research program (HAARP). A second provision
(sec. 230) would make available $3.0 million from the
counterproliferation support program for a surgical strike
vehicle to defeat hardened and deep underground structures.
The House bill contained no similar provisions, but would
authorize the budget request for the counterproliferation
support program.
The House recedes with an amendment that would authorize
$186.2 million for the counterproliferation support program, a
$92.5 million increase to the budget request. Of those funds,
$75.0 million is authorized for the tactical antisatellite
technologies program; $7.5 million is authorized for the high
frequency active auroral research program (HAARP); $10.0
million is authorized for a nonproliferation and
counterproliferation research and development program to
enhance efforts at interdicting and detecting nuclear,
radiological, chemical and biological weapons and related
materials; and $3.0 million would be available to the Air
Combat Command for research and development of a near-term
capability to defeat hardened and deeply buried targets,
including tunnels and deeply buried facilities for the
production and storage of chemical, biological and nuclear
weapons and their delivery systems. Additionally, the conferees
agree that $4.0 million from funds authorized for the Air Force
operation and maintenance account be made available for U.S.
Strategic Command (USSTRATCOM) mission planning and analysis.
The conferees agree that funds authorized in this Act for
the technical studies and analyses program (PE 605104D) may not
be obligated until funds authorized for the tactical
antisatellite technologies program in this Act and in the
National Defense Authorization Act for Fiscal Year 1996 have
been released for obligation by the executive agent.
Joint Committee for Review of Counterproliferation Program of the
United States
The conferees agree to a provision (sec. 1309) that would
extend the authority of the Joint Committee for Review of
Counterproliferation Programs (CRCP) of the United States to
September 30, 2000, and require annual reports to the
congressional defense committees on the activities of the
committee by May 1 of each year. The provision would also
modify the composition of the committee by designating the
Assistant to the Secretary of Defense for Nuclear, Chemical and
Biological Defense as executive secretary for the committee.
Subtitle C--Ballistic Missile Defense Programs
legislative provisions adopted
Funding for ballistic missile defense programs for fiscal year 1997
(sec. 241)
The House bill contained a provision (sec. 231) that
would authorize funding for ballistic missile defense research
and development activities in fiscal year 1997.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the following amounts for the following programs:
(1) $621.8 million for the Theater High Altitude
Area Defense System;
(2) $304.2 for the Navy Upper Tier system;
(3) $858.4 for National Missile Defense;
(4) $56.2 for the Corps Surface-to-Air Missile
(SAM)/Medium Extended Air Defense (MEADS) program.
The amended provision would also include the following
limitations: (1) a limitation on the use of funds for the
Office of the Under Secretary of Defense for Acquisition and
Technology for official representation until the Secretary of
Defense certifies that the above specified funds have been made
available for obligation and the Secretary has included the
Navy Upper Tier system in the theater missile defense core
program; and (2) a limitation on the obligation of more than
$15.0 million for the Corps SAM program until the Secretary of
Defense submits to Congress an initial program estimate, a
report on Corps SAM alternatives, and a certification that
there will be no increase in overall U.S. funding commitment as
a result of the withdrawal of France from the project
definition and validation phase of the program.
Certification of capability of United States to defend against single
ballistic missile (sec. 242)
The House bill contained a provision (sec. 232) that
would require the President to submit to the Congress a
certification stating whether the United States has the
military capability to intercept and destroy a single ballistic
missile launched at the territory of the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on ballistic missile defense and proliferation (sec. 243)
The House bill contained a provision (sec. 235) that
would direct the Secretary of Defense to submit a report to
Congress by December 31, 1996, on ballistic missile defense and
proliferation.
The Senate amendment contained no similar provision.
The Senate recedes.
Revision to annual report on ballistic missile defense and
proliferation (sec. 244)
The House bill contained a provision (sec. 236) that
would update the requirement for the annual ballistic missile
defense report to Congress.
The Senate amendment contained a similar provision.
The Senate recedes.
Report on Air Force National Missile Defense Plan (sec. 245)
The Senate amendment contained a provision (sec. 238)
that expressed the sense of the Senate that the Air Force
National Missile Defense (NMD) plan is an important NMD option
and is worthy of serious consideration. The provision would
also require the Secretary of Defense to submit to Congress a
report on the Air Force NMD plan not later than 120 days after
enactment of this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would omit the
sense of the Senate language and require the report specified
in the Senate provision.
Capability of National Missile Defense system (sec. 246)
The House bill contained a provision (sec. 238) that
would direct the Secretary of Defense to ensure that any
national missile defense system deployed by the United States
is capable of defeating the threat posed by the Taepo Dong II
missile of North Korea.
The Senate amendment contained no similar provision.
The Senate recedes.
Actions to limit adverse effects on private sector employment of
establishment of National Missile Defense Joint Program Office
(sec. 247)
The Senate amendment contained a provision (sec. 908)
that would require the Director of the Ballistic Missile
Defense Organization to take such actions as are necessary in
connection with the establishment of the National Missile
Defense (NMD) Joint Program Office to ensure that establishment
of that office does not make it necessary for a Federal
Government contractor to reduce the number of persons employed
by the contractor for supporting the NMD program at any
particular location outside the National Capitol Region.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Director of the Ballistic Missile Defense Organization to
take such actions as are necessary in connection with the
establishment of the NMD Joint Program Office to ensure that
establishment of that office does not make it necessary for a
Federal Government contractor to significantly reduce the
number of persons employed by the contractor for supporting the
NMD program at any particular location outside the National
Capitol Region.
ABM Treaty defined (sec. 248)
The House bill contained a provision (sec. 237) that
would define the Anti-Ballistic Missile Treaty.
The Senate amendment contained a similar provision.
The Senate recedes.
Subtitle D--Other Matters
LEGISLATIVE PROVISIONS NOT ADOPTED
Joint United States-Israeli Nautilus Laser/Theater High Energy Laser
program
The House bill contained a sense of Congress provision
(sec. 221) that would strongly support the Joint U.S.-Israeli
Nautilus Laser/Theater High Energy Laser program and encourage
the Secretary of Defense to request authorization to develop
these programs as agreed to April 28, 1996, in the statement of
intent signed by the Secretary of Defense and the Prime
Minister of the State of Israel.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree to authorize an additional $50.0
million for a new program element to support the Nautilus/
Theater High Energy Laser program and the associated design
verification testing. The conferees understand that the
government of Israel is prepared to devote significant
resources to this effort and the committee urges the
administration to seek a rapid conclusion of a memorandum of
agreement (MOA) on the THEL program with Israel. The conferees
fully expect that additional funding to implement such an MOA
will be included in future Army budget requests.
Policy on compliance with the ABM Treaty
The House bill contained a provision (sec. 233) that
would codify the ``demonstrated capabilities'' standard for
assessing compliance of systems with the Anti-Ballistic Missile
(ABM) Treaty, state certain prohibitions, and define an ABM-
qualifying flight test as a test against a ballistic missile
with a range in excess of 3,500 kilometers and a velocity in
excess of five kilometers per second.
The Senate amendment contained a provision (sec. 239)
that would extend by one year section 235 of the National
Defense Authorization Act of Fiscal Year 1996 (Public Law 104-
106).
The House and the Senate recede from their respective
provisions.
The conferees note that the President's National Security
Advisor has stated that the Theater Missile Defense (TMD)
Demarcation agreement, to which the United States has
tentatively agreed, would modify the rights and obligations of
the parties and, hence, constitute a substantive change to the
ABM Treaty. The conferees acknowledge and reaffirm the
constitutional principle that any substantive treaty change may
be entered into only pursuant to the President's treaty making
power under the Constitution. The conferees note that this
constitutional principle is specifically codified with regard
to the ABM Treaty in section 232 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337).
The conferees would take strong exception to any
interpretation by the administration that section 235 of the
National Defense Authorization Act for Fiscal Year 1996 ``pre-
authorizes'' implementation of the TMD Demarcation agreement.
For example, because the agreement-in-principle does not apply
the ``demonstrated capabilities standard'' to all TMD systems,
it would not satisfy the standard specified in section
235(b)(1). More importantly, section 235 does not supersede the
constitutional requirement to submit a substantive change to
the ABM Treaty to the Senate for advice and consent.
In light of the fact that the President's National
Security Advisor has confirmed that the draft TMD Demarcation
agreement would constitute a substantive change to the ABM
Treaty, the conferees agree that legislation requiring
submission of the agreement for Senate advice and consent is
not needed.
Requirement that multilateralization of the ABM Treaty be done only
through treaty-making power
The House bill contained a provision (sec. 234) that
would state that any addition of a new signatory party to the
Anti-Ballistic Missile (ABM) Treaty (in addition to the United
States and the Russian Federation) constitutes an amendment to
the treaty that can only be agreed to by the United States
through the treaty making power of the United States. This
provision would prohibit the obligation or expenditure of funds
during any fiscal year for the purpose of implementing or
making binding upon the United States the participation of any
additional nation as a party to the ABM Treaty, unless that
nation is made a party to the treaty by an amendment to the
Treaty that is made in the same manner as the manner by which a
treaty is made.
The Senate amendment contained a provision (sec. 231)
that would express the sense of the Senate that during fiscal
year 1997 the United States shall not be bound by any
international agreement entered into by the President that
would substantively modify the ABM Treaty, including any
agreement that would add one or more countries as signatories
to the Treaty or would otherwise convert the treaty from a
bilateral Treaty to a multilateral treaty, unless the agreement
is entered pursuant to the treaty making power of the President
under the Constitution.
The House and the Senate recede from their respective
provisions.
The conferees acknowledge and reaffirm the constitutional
principle that any substantive change to a treaty may be
entered into only pursuant to the President's treaty making
power under the Constitution. The conferees note that, with
regard to the ABM Treaty, this constitutional principle is
specifically codified in section 232 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337). In
this regard, the accord on ABM Treaty succession, tentatively
agreed to by the administration, would constitute a substantive
change to the ABM Treaty, which may only be entered into
pursuant to the treaty making power of the President under the
Constitution. An explanation for this conclusion is presented
below.
First, the fundamental circumstances that provided the
rationale for the ABM Treaty have changed. The ABM Treaty, more
than any other arms control agreement, was a product of the
bipolar Cold War confrontation between the United States and
the Soviet Union. With the dissolution of the Soviet Union, the
United States faces strategic and political circumstances that
are vastly different than those that obtained in 1972.
Second, by having the Soviet Union succeeded, for
purposes of the ABM Treaty, by some but not all of the
independent states of the former Soviet Union, each possessing
sovereign rights under the Treaty, a succession agreement would
change, limit, and extend certain rights and obligations
previously possessed by the parties. This is virtually a text
book definition of a treaty amendment. The rights of the United
States would clearly be changed given the fact that the
Standing Consultative Commission (SCC), the ABM Treaty's
implementing body, would, for the first time, be comprised of
several parties, all of whom would need to consent to changes,
clarifications or amendments to the Treaty.
As the administration stated in a May 3, 1996, letter:
``Each party will participate in implementing the Treaty as a
sovereign entity. This includes a full and equal voice in the
SCC.'' When asked if the consent of all parties would be needed
before the Treaty could be amended, clarified, or interpreted,
the administration answered: ``Yes. The U.S. has insisted on a
decision-making mechanism in the SCC under which legally
binding obligations would be adopted by consensus.'' In effect,
the SCC would be transformed into a corporate body in which up
to a dozen affirmative votes would be required before the
Treaty could be amended. In addition, some of the new treaty
partners would only have partial rights. Of the former Soviet
states, for example, only Russia would be entitled to deploy an
operational ABM system.
Third, the functional mechanics of the ABM Treaty will be
changed through multilateralization. The ABM Treaty is based,
in part, on a geographical description of the United States and
the Soviet Union. For example, the Treaty states specifically
that certain large phased array radars may only be located
along the periphery of the national territory of the parties.
In the case of the former Soviet Union, however, some radars
are now located outside of Russia. The Skrunda radar in Latvia,
for example, is on the territory of an independent country that
has rejected membership in the ABM Treaty. Clearly, any
agreement that addresses the successorship issue will also have
to redefine these geographic aspects of the Treaty, which will
constitute substantive amendments to the Treaty. In this
regard, the Senate will be as interested to see which states do
not accede to the ABM Treaty as it will be to see which
countries do accede.
Fourth, all succession agreements related to existing
strategic arms control agreements have been addressed by the
Senate through the constitutional advice and consent mechanism,
with the exception of the Intermediate-Range Nuclear Forces
Treaty, which was clearly identified as an exception to the
rule at the time of succession.
In the case of the Conventional Armed Forces in Europe
(CFE) Treaty, the Senate specifically recognized the impending
breakup of the Soviet Union and adopted provisions that were
intended to take this into account during the ratification
debate. The Senate was so concerned about this issue with
regard to the CFE Treaty that it attached a condition to the
resolution of ratification that specified procedures for adding
new states parties and for evaluating the implications of the
withdrawal of key newly independent states from the Treaty.
In the case of the Strategic Arms Reductions Talks (START
I) Treaty, the succession agreement, known as the Lisbon
Protocol, was approved by a two-thirds vote of the Senate as
part of the overall ratification process. As in the case of
CFE, START I was surrounded by major succession issues that the
Senate had to address in a formal manner. It is the view of the
conferees that neither CFE nor START I would have been approved
by the Senate but for the fact that the succession issues were
thoroughly addressed as part of the ratification debate.
Given the compelling case that the ABM Treaty succession
agreement is a substantive change to the treaty, the conferees
affirm that such agreement must be submitted to the Senate for
advice and consent.
Department of Defense Space Architect
The Senate amendment contained a provision (sec. 212)
that would require the Secretary of Defense to include the
kinetic energy tactical anti-satellite (ASAT) program in the
space control architecture to be developed by the Department's
new Space Architect. The provision would prohibit the use of
fiscal year 1997 defense funds to support the Space Architect
until the Secretary certifies that he will include the ASAT
program in the space control architecture, that he has
obligated fiscal year 1996 funds for the kinetic energy ASAT,
and that he has made available for obligation fiscal year 1997
funds appropriated for the kinetic energy ASAT, consistent with
congressional guidance.
The House contained no similar provision.
The Senate recedes.
Tier III minus Unmanned Aerial Vehicle
The Senate amendment contained a provision (sec. 216)
that would prohibit the procurement of more than three air
vehicles for the Tier III minus UAV program until flight
testing is completed.
The House bill contained no similar provision.
The Senate recedes.
Defense airborne reconnaissance program
The Senate amendment contained a provision (sec. 217)
that would require the Secretary of Defense to submit a report
comparing the Predator unmanned aerial vehicle (UAV) with the
Dark Star (Tier III minus) UAV.
The House bill did not contain a similar provision.
The Senate recedes.
Funding for basic research in nuclear seismic monitoring
The Senate amendment contained a provision (sec. 224)
that would make available $6.5 million for basic research in
nuclear seismic monitoring from funds requested for the Air
Force for arms control implementation.
The House bill contained no similar provision.
The Senate recedes.
The budget request included $26.7 million for arms
control implementation in PE 35145F for research and
development activities to prepare the United States for
implementation of, and compliance with, nuclear testing
treaties. Those activities include the development of a
national and international data center, treaty implementation
and technical support, and nuclear monitoring techniques. The
conferees agree that, of those funds, $6.5 million shall be
available for basic research in nuclear seismic monitoring.
National Polar-Orbiting Operational Environmental Satellite System
The Senate amendment contained a provision (sec. 229)
that would authorize $29.0 million for the National Polar-
Orbiting Operational Environmental Satellite System (NPOESS), a
reduction of $5.0 million from the Department of Defense
portion of the NPOESS budget request.
The House bill contained no similar provision but
recommended a reduction of $15.0 million.
The Senate recedes.
The conferees agree to authorize $29.0 million for
NPOESS.
Funding for upper tier theater missile defense systems
The Senate amendment contained a provision (sec. 232)
that would authorize funds for the Theater High Altitude Area
Defense (THAAD) system and the Navy Upper Tier theater missile
defense (TMD) system. The provision would also prohibit the use
of funds during fiscal year 1997 by the Undersecretary of
Defense for Acquisition and Technology for official
representation activities until the Secretary of Defense
certifies to Congress that: (1) fiscal year 1997 funds for
THAAD and Navy Upper Tier have been made available for
obligation; and (2) the Navy Upper Tier system has been
included in the core TMD program.
The House bill contained no similar provision.
The Senate recedes.
Scorpius space launch technology program
The Senate amendment contained a provision (sec. 235)
that would provide for the use of up to $7.5 million of funds
authorized for the Ballistic Missile Defense Organization for
the Scorpius space launch technology program.
The House bill contained no similar provision.
The Senate recedes.
Corps SAM/MEADS program
The Senate amendment contained a provision (sec. 236)
that would authorize $56.2 million for the Corps surface-to-
air/Medium Extended Air Defense System, and would require the
Secretary of Defense to submit certain items prior to
obligating more than $15.0 million in fiscal year 1997.
The House bill contained no similar provision.
The Senate recedes. Funding for Corps SAM/MEADS is
discussed elsewhere in this report.
Annual report on threat of attack by ballistic missiles carrying
nuclear, chemical, or biological warheads
The Senate amendment contained a provision (sec. 237)
that would require an annual report on the threat of attack by
ballistic missiles carrying weapons of mass destruction.
The House bill contained no similar provision.
The Senate recedes.
TITLE III--OPERATION AND MAINTENANCE
legislative provisions
Subtitle A--Authorization of Appropriations
legislative provisions adopted
Availability of additional funds for Antiterrorism activities (sec.
306)
The conferees agree to a provision authorizing an
additional $14.0 million for use by the Secretary of Defense to
fund emergency anti-terrorist activities of the Department of
Defense. These funds are in addition to funds otherwise
authorize to be appropriated in this Act for anti-terrorism,
and are to be available for the Secretary of Defense to respond
quickly to emergency anti-terrorism requirements that are
identified by commanders of the unified combatant commands or
commanders of joint task forces in response to a change in
terrorist threat level.
The conferees urge the Secretary of Defense to propose an
emergency anti-terrorism program as part of the fiscal year
1998 budget submission.
SR-71 (sec. 308)
The House bill contained a provision (sec. 1040) that
would prohibit the Secretary of Defense from carrying out any
aerial reconnaissance program using the SR-71 aircraft.
The Senate amendment contained a provision (sec. 306)
that would provide $30.0 million in operations and maintenance
funding for the SR-71 contingency reconnaissance force.
The House recedes.
Subtitle F--Other Matters
legislative provisions adopted
Reimbursement under agreement for instruction of civilian students at
Foreign Language Institute of the Defense Language Institute
(sec. 371)
The Senate amendment contained a provision (sec. 369)
that would authorize the Secretary of the Army to determine the
amount of reimbursement an educational institution would be
required to pay in order to permit non-government students to
receive instruction at the Defense Language Institute.
The House bill contained no similar provision.
The House recedes with an amendment that would ensure
that the reimbursement rate would not be less than the rate
paid by other governmental agencies, and would permit the
Secretary of the Army to accept reimbursement in-kind as part
of the reimbursement on a case-by-case basis.
legislative provisions not adopted
Oceanography
The Senate amendment contained a provision (sec. 315)
that would authorize an additional $6.2 million for
oceanographic ship operations and data analysis for the U.S.
Navy.
The House bill contained no similar provision.
The Senate recedes.
The conferees recognize the importance of the
oceanographic activities of the Navy and authorize an
additional $6.2 million for this purpose in the operations and
maintenance account.
Computer emergency response team
The Senate amendment contained a provision (sec. 368)
that would authorize $2.0 million to be used by the Software
Engineering Institute for use by the Computer Emergency
Response Team.
The House bill contained no similar provision.
The Senate recedes.
The conferees support the important work of the Computer
Emergency Response Team and have agreed to authorize an
additional $2.0 million for this purpose in the operations and
maintenance tables.
Title IX--Department of Defense Organization and Management
legislative provisions
Subtitle B--Force Structure Review
LEGISLATIVE PROVISIONS ADOPTED
Force Structure Review (secs. 921-926)
The Senate amendment contained a number of provisions
(secs. 1091-1096) in subtitle G of title 10, referred to as the
``Armed Forces Force Structure Review Act of 1996.'' This Act
would require the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, to conduct a
Quadrennial Defense Review (QDR) as recommended by the
Commission on Roles and Missions of the Armed Forces. This
review would be a complete re-examination of the defense
strategy, force structure, force modernization plans, budget
plans, infrastructure, and other elements of the defense
program and policies with a view toward determining and
expressing the defense strategy of the United States, and
establishing a national defense program, as we enter the 21st
Century.
In carrying out this review, the Department would examine
the potential near- and long-term threats to U.S. national
security including:
(a) the proliferation of weapons of mass
destruction and the means to deliver them;
(b) conventional threats across a spectrum of
conflicts;
(c) the vulnerability of our information systems
and other advanced technologies to non-traditional
threats;
(d) domestic and international terrorism; and
(e) the potential emergence of a major adversary.
The Act would also create an independent, non-partisan
panel of defense experts (to be known as the National Defense
Panel) that would provide the Secretary of Defense and the
Congress alternative recommendations regarding the optimal
force structure required to meet the national security needs of
the United States. This panel would be appointed by the
Secretary of Defense after consultation with the Chairmen and
Ranking Members of the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
The creation of the National Defense Panel is intended to
help ensure the validity of the process by playing a very
active role in reviewing and commenting on the QDR from the
early stages of its development. The Panel is designed to
provide the Congress, and the Secretary of Defense, with an
independent review of the national security requirements of the
United States, including the force structure necessary to meet
those requirements. This will, hopefully, allow the Congress
and the Secretary to consider alternative options when making
decisions affecting the security of the United States.
Upon completion of the QDR, the Act would require that
the Chairman of the Joint Chiefs of Staff and the Chairman of
the National Defense Panel prepare and submit to the Secretary
of Defense, for inclusion in the Secretary's report to the
Congress, their assessment of the QDR. The Secretary's report
would also include a comprehensive discussion of the defense
strategy of the United States, and the assumptions regarding
the threats to our national security, mission sharing, levels
of acceptable risk, warning times, and intensity and duration
of the conflict. In addition, the report would address the
effect on the force structure of preparations for, and
participation in, peace operations and military operations
other than war. It also would require a discussion of the
effects which emerging technologies will have on the U.S. force
structure and a number of other matters.
The House bill contained no similar provision.
The House recedes.
The conferees believe this is an appropriate time to
review the strategy and force structure necessary to protect
the interests of the United States in any future conflict. The
pace of global change requires that the United States reexamine
its military capabilities with a view toward preparing the
military services for the 21st century.
Title X--General Provisions
legislative provisions
Subtitle A--Financial Matters
legislative provisions adopted
Incorporation of classified annex (sec. 1002)
The House bill contained a provision (sec. 1002) that
would incorporate the classified annex prepared by the
Committee on National Security into this Act.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment providing
that the classified annex prepared by the committee of
conference is incorporated into this Act.
Defense airborne reconnaissance program (DARP) (sec. 1006)
The House bill contained a provision (sec. 1006) that
would require the Secretary of Defense to identify all DARP
research and development (R&D) programs, projects, or
activities, with a unique program element number and
procurement line item number, respectively, for all future
budget requests beginning with fiscal year 1998.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
The conferees agree that the consolidated Defense
Airborne Reconnaissance Office (DARO) budget request does not
provide sufficient funding detail for the numerous DARO
programs to enable the congressional defense committees to
conduct necessary oversight. The major DARO programs currently
consolidated in one R&D program element identification number
and spread across three procurement line item identification
numbers include: tactical unmanned aerial vehicles; endurance
unmanned aerial vehicles; airborne reconnaissance systems;
manned reconnaissance systems; and distributed common ground
systems. The conferees therefore include a legislative
provision that would require the Secretary of Defense to
identify at least these major DARP R&D and procurement programs
by unique program element identification number and procurement
line item identification number, respectively, for all future
budget requests beginning with the fiscal year 1998.
Subtitle C--Counter-Drug Activities
legislative provisions adopted
Overview
The budget request for drug interdiction and other
counterdrug activities of the Department of Defense totals
$782.2 million. This includes the $642.7 million drug
interdiction account, and $139.5 million in the military
services' operating budgets for counterdrug operations. This
compares with a total of $810.9 million for these activities
during fiscal year 1996, including $679.4 million for the drug
interdiction account and $131.5 million in the services's
operating budgets.
The conferees recommend an additional $153.8 million for
the counterdrug initiatives of the Department of Defense. These
increases, along with the budget request for counter-narcotics
activities, are shown in the table below.
Drug Interdiction & Counterdrug Activities--Operations and Maintenance
[In thousands of dollars; may not add due to rounding]
Fiscal Year 1997 Drug and Counterdrug Request................. 782,200
Source Nation Support..................................... 154,000
Detection and Monitoring.................................. 232,100
Disruption of Drug Mafia Organizations.................... 57,100
Law Enforcement Agency.................................... 255,000
Demand Reduction.......................................... 84,000
Increases:
Support for Military Counterdrug Units of Mexico.......... 8,000
Laser Strike.............................................. 8,000
Riverine Operations in South America...................... 4,000
Signal Intelligence Equipment for Southwest Border........ 2,500
Southwest Border Fence.................................... 5,000
Refurbish and Install TPS-70 Radar........................ 15,000
P-3B AEW Retrofit (2 a/c)................................. 98,000
Non-Intrusive Inspection Systems.......................... 6,000
Gulf States Counterdrug Initiative........................ 2,800
Multi-Jurisdictional Task Force........................... 1,000
C-26 Upgrades............................................. 3,500
Recommendation................................................ 936,000
The increase in funding will enable the Department of
Defense and the Federal Government to more rigorously pursue
its counter-narcotics efforts including priority programs
identified by the Office of National Drug Control Policy.
Mexico-Southwest Border Initiative
The conferees recognize that a substantial quantity of
the narcotics entering the United States from South America
continues to come across the southwest border. Some reports put
this quantity as high as 70 percent. The conferees urge the
Department to increase its effort in working with the
Government of Mexico to stem the flow of narcotics across this
border and recommend an increase of $8.0 million in fiscal year
1997 to be used for this purpose.
The conferees are encouraged by the Department's
intelligence gathering activities related to the prevention of
drug-smuggling across the southwest border. The conferees
recommend an increase of $2.5 million for the purchase of
signal intelligence equipment to be used for communications
intercept activities along the southwest border.
The conferees continue to have an interest in
facilitating support for the border fence project along the San
Diego-Tijuana border area in Southern California. The conferees
are aware of the efforts of JTF-6 and the California National
Guard in sustaining an adequate level of support to enhance
this barrier. The conferees endorse the decision to fund the
effort to enhance the fence from within the immigration control
budget. However, to ensure that the existing program to extend
the length of fence coverage is not unnecessarily interrupted,
the conferees recommend an additional $5.0 million for
continued support of this national project.
In addition, the conferees recommend an additional $6.0
million for the purchase of non-intrusive inspection devices to
be deployed at major ports of entry along the southwest border.
This will help to ensure that the U.S. war on drugs in this
region is provided with the most up to date detection
equipment.
Caribbean and South American Initiative
The conferees are aware that the Department's request is
insufficient to provide full funding of Operation Laser Strike
in fiscal year 1997. Laser Strike will build on the success of
Operation Green Clover and involves a sustained level of U.S.
detection, monitoring and tracking resources, as well as
assessments and training, to support expanded interdiction and
law enforcement efforts by nations of the source region. The
conferees support this important operation and recommend an
increase of $8.0 million in order to provide full funding.
The conferees are also aware that drug traffickers are
making greater use of the vast river network in the Andean
region to transport processed cocaine and pre-cursor materials.
Currently, the governments in the source nations are ill-
prepared to interdict drug trafficking on their rivers and
waterways. Therefore, the conferees recommend an increase of
$4.0 million for assistance to the governments of the source
nations in their efforts to stem the flow of narcotics moving
on these rivers.
The conferees are encouraged by the level of success
achieved by the Department in reducing the movement of
narcotics by air. The conferees recommend an additional $15.0
million for the installation of a TPS-70 radar which will
assist the Department, and those cooperative governments of the
source nations, in efforts to further reduce the amount of
drugs that smugglers are moving with the use of aircraft. In
addition, the conferees recommend an additional $98.0 million
for the retrofitting of two P-3B aircraft with airborne radars
which will provide the U.S. Customs Service with additional
detection and monitoring capability.
Domestic Counter-Narcotics Initiative
The conferees have learned that the number of OH-58D
helicopters in the Army National Guard will be reduced
dramatically under the Army's Aviation Restructure Initiative.
These helicopters, with their forward looking infrared radar
(FLIR), are particularly useful in the National Guard's
detection of illicit marijuana fields. The conferees have been
advised that the Department of Defense's Office of Drug
Enforcement Policy and Support is reviewing this situation with
a view towards the retention of additional OH-58D helicopters,
as appropriate, within existing funding resources. The
conferees support this initiative and direct that Office, in
coordination with the Department of the Army and the National
Guard Bureau, to ensure the allocation of additional
helicopters to those states that have historically used these
assets for the detection and destruction of illicit marijuana
fields.
The conferees are aware of a shortfall in funding for the
National Guard C-26 aircraft photo reconnaissance and infrared
surveillance upgrade program. Therefore, the conferees
recommend an increase of $3.5 million to restore the number of
aircraft involved in the C-26 photo reconnaissance upgrade
program to its previous level.
The conferees continue to support the Gulf States
Counterdrug Initiative (GSCI) and are pleased to note that the
budget request contains $3.2 million for this initiative.
However, the conferees are concerned that this funding level
does not adequately cover the required costs for the Regional
Counterdrug Training Academy, integrating the state of Georgia
into the program and other priority initiatives. Therefore, the
committee recommends an increase of $2.8 million over the
requested amount. The committee strongly believes that funds
provided for this program should remain focused on training and
improving command, control, communications, and computer
capabilities.
The conferees continue to support the efforts of the
Multi-Jurisdiction Task Force to provide valuable counter-
narcotics training to our nation's state and local law
enforcement agencies. The conferees recommend an additional
$1.0 help in these efforts.
Legislative Provisions (secs. 1031-1032)
In order to facilitate the Department's ability to carry
out these initiatives, the conferees recommend two provisions.
The first provision would authorize the transfer of both the
non-intrusive inspection devices and 2 P-3B aircraft to the
U.S. Customs Service. Prior to the obligation of funds for the
P-3B aircraft, the Secretary would have to certify to Congress
that the transfer of these aircraft to the U.S. Customs Service
will significantly reduce the level of support that would
otherwise be requested of the Department's E-3 AWACS aircraft.
The conferees also include a provision from the Senate
amendment (sec. 1031) that would grant the Secretary of Defense
the authority to provide additional support for the counter-
drug activities of the Government of Mexico. This provision
would authorize the Secretary to transfer non-lethal protective
and utility personnel equipment, spare parts, and non-lethal
specialized equipment, such as navigation equipment,
communications equipment, and photo equipment, to Mexico. The
conferees wish to make clear that the Secretary would only be
authorized to transfer equipment specified by this provision
and in no way could use this authority to transfer helicopters
or other aircraft.
Subtitle F--Other Matters
LEGISLATIVE PROVISIONS ADOPTED
Policy on protection of national information infrastructure against
strategic attack (sec. 1061)
The House bill contained a provision (sec. 1022) that
would require the President to submit a report to Congress
setting forth national policy on protecting the national
information infrastructure. The provision would require a
number of specific issues to be addressed in the report which
would be required to be submitted no later than 180 days after
the date of enactment of this Act.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Information systems security program (sec. 1062)
The House bill contained a provision (sec. 1031) that
would require the Secretary of Defense to allocate an
increasing percentage of funds appropriated for the defense
information infrastructure to security beginning in fiscal year
1998.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delay
implementation of the percentage allocation formula until
fiscal year 1999, and require a report in 1997 from the
Secretary of Defense on the Department's information security
objectives, strategy, and investment preferences. If the
Secretary submits an investment plan that adequately addresses
current and projected shortfalls and vulnerabilities of the
information infrastructure, the conferees will reconsider the
necessity of allowing this legislative provision to take
effect.
Prohibition on collection and release of detailed satellite imagery
relating to Israel (sec. 1064)
The Senate amendment contained a provision (sec. 1044)
that would limit the collection and release of satellite
imagery of Israel or other countries or geographical areas
designated by the President.
The House bill contained no similar provision.
The House recedes with an amendment.
Chemical Stockpile Emergency Preparedness Program (sec. 1076)
The House bill contained a provision (sec. 1045) that
would require the Secretary of the Army to submit a report to
Congress assessing the implementation and success of
establishing site-specific integrated product and process teams
as a management tool for the chemical stockpile emergency
preparedness program (CSEPP).
The Senate amendment contained no similar provision.
The Senate recedes.
LEGISLATIVE PROVISION NOT ADOPTED
National Drug Intelligence Center
The Senate amendment contained a provision (sec. 1032)
that would prohibit the funding of the National Drug
Intelligence Center by the Department of Defense. The Senate
amendment also contained a provision (sec. 1033) that would
require an investigation of the National Drug Intelligence
Center by the Inspectors General of the Department of Defense,
the Department of Justice, the Central Intelligence Agency, and
the Comptroller General of the United States.
The House bill contained no similar provisions.
The Senate recedes.
Report on facilities used for testing launch vehicle engines
The Senate amendment contained a provision (sec. 1056)
that would require the Secretary of Defense, in consultation
with the Administrator of the National Aeronautics and Space
Administration, to provide a report to Congress on the
facilities used for testing launch vehicle engines.
The House bill contained no similar provision.
The Senate recedes.
Title XI--National Imagery and Mapping Agency
National Imagery and Mapping Agency (secs. 1101-1124)
The Senate amendment contained provisions (secs. 911-934)
that would establish a new organization known as the National
Imagery and Mapping Agency (NIMA).
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
address NIMA's support for the all-source analysis and
production process; (2) address NIMA's personnel provisions in
a consolidated Department of Defense Intelligence Personnel
provision, discussed elsewhere in this report; and (3)
establish a uniform standard (in a provision separate from the
NIMA legislation) regarding the Secretary of Defense's
recommendation to the President on the appointment of the
Directors of NIMA, the National Security Agency, and the
National Reconnaissance Office.
The conferees expect that the creation of NIMA will
enhance support to the all source analysis and production
process. Because of the importance attached to the achievement
of this goal, the conferees agree to highlight it as one of the
key mission areas to be reviewed in the overall review of
NIMA's performance of its assigned national missions.
The conferees endorse the grant of authority recently
given to the Director of the National Security Agency by the
Deputy Secretary of Defense over research and development and
urge the Secretary of Defense and the Director of Central
Intelligence to grant to the Director of NIMA similar approval
authority over tactical imagery programs and intelligence
agency investment programs.
NIMA will provide a single agency focus for imagery and
geospatial information within the United States Government.
NIMA would: (1) be the focal point for the growing and diverse
number and types of customers of imagery and geospatial
information; (2) ensure visibility and accountability for
imagery and geospatial resources; (3) harness, leverage, and
focus rapid technological developments to serve imagery,
imagery intelligence, and geospatial information customers; and
(4) identify and advocate customer needs for this growing and
diverse customer pool. The term ``imagery'', as defined and
used in this Act, includes products produced from space-based
national intelligence reconnaissance systems, in accordance
with Executive Order 12951 and any successor or superseding
Orders.
Although NIMA would carry out its mission
responsibilities under the authority, direction, and control of
the Secretary of Defense, with the advice of the Chairman of
the Joint Chiefs of Staff, it would have a vital ``national''
mission to serve the imagery and geospatial information needs
of consumers outside the Department of Defense. It would carry
out its responsibilities to national intelligence customers in
accordance with the policies and priorities of the Director of
Central Intelligence (DCI). The Central Intelligence Agency
(CIA) would have clear, affirmative authorization to provide
administrative and contracting services to the NIMA to insure
accomplishment of the national mission of the NIMA or the
performance of intelligence community activities of common
concern, notwithstanding provisions of law that would otherwise
limit such an authorization. The CIA also would be permitted to
provide security police services for NIMA facilities,
notwithstanding any limitations on jurisdiction of such
personnel contained in section 15 of the Central Intelligence
Agency Act of 1949.
NIMA would be established by bringing together various
agencies and organizations already in existence within the
Department of Defense and the Intelligence Community.
Specifically, NIMA would be made up of: the Defense Mapping
Agency; the Central Imagery Office; other elements of the
Department of Defense identified in the classified annex to
this Act; the National Photographic Interpretation Center of
the CIA; and other elements of the CIA identified in the
classified annex to this Act.
NIMA would be responsible for imagery requirements
management, exploitation, dissemination, and archiving. It
would define and recommend policies on imagery and geospatial
information, and coordinate requirements for an end-to-end
architecture, integrated into the National and Defense
Information Infrastructure, to satisfy customer needs and to
ensure appropriate interoperability.
NIMA would not be responsible for developing, procuring,
or operating imagery collection systems, which are
responsibilities currently held by the National Reconnaissance
Office, the Defense Airborne Reconnaissance Office, and the
intelligence elements of the military services. Nor would NIMA
include or replace current organizations for tactical military
exploitation and use of imagery products. In effect, NIMA would
provide a coherent and uniform linkage between these two ends
of the imagery spectrum.
NIMA would not replace or diminish the current
responsibilities of Federal civilian agencies for mapping,
charting, and geodesy, or change their existing
responsibilities for disaster or emergency response or civil
imagery archives. Rather, NIMA would facilitate their access to
critical national security information, when appropriate, and
promote technology exchange through established interagency
mechanisms, such as the Civil Applications Committee. The
ability of all members of the intelligence community to obtain
both imagery intelligence support regarding matters of common
concern and support necessary for individual agency
requirements would be maintained and expanded, as appropriate.
The conferees believe that the legislative charter for
NIMA contained in this Act strikes an appropriate balance
between the needs of ``national'' intelligence and combat
support. As a Combat Support Agency, NIMA must be under the
clear authority, direction, and control of the Secretary of
Defense. But the charter also provides for a clear and
prominent role for the DCI to task imagery systems and exploit
imagery products in support of the national mission. The
committee notes that the Director of Central Intelligence
strongly supports establishment of NIMA as a Combat Support
Agency in Title 10, United States Code. The DCI has testified
that his peacetime imagery tasking authorities are protected
under this arrangement and that he does not believe that
support to national customers will be in any way jeopardized.
Except as otherwise provided in this Act, establishment of NIMA
will not derogate from the existing authorities of the
Secretary of Defense or the DCI.
The conferees also note that the Commission on the Roles
and Capabilities of the United States Intelligence Community
strongly endorsed the establishment of NIMA as a combat support
agency within the Department of Defense. The conferees share
the Commission's conclusion that NIMA will significantly
improve imagery support to both military operations and
planning, as well as to national consumers of intelligence.
The conferees note that limited collective bargaining
would be permitted in NIMA. Collective bargaining units that
were recognized by the Defense Mapping Agency at the time its
employees and positions were transferred to NIMA would continue
to represent the same categories of employees in the NIMA,
although expansion of those units or the creation of new
bargaining units in NIMA would be prohibited. Positions
determined at any time to be engaged in intelligence,
counterintelligence, investigative, or security work directly
affecting national security would be excluded, at the
discretion of the NIMA Director. Permitting continuation of
limited collective bargaining in NIMA would not be intended to
be a precedent affecting current or future employees or
agencies of the Intelligence Community. It would be a one-time
solution to a unique situation.
Title XIII--Arms Control and Related Matters
items of special interest
Implementation of arms control agreements
The budget request included $282.3 million in
procurement, operation and maintenance, and research and
development in the defense and military service accounts for
the implementation of arms control agreements. The budget
request for these accounts is based on anticipated dates of
implementation of the various arms control agreements and
treaties.
The conferees agree to a $24.0 million reduction to the
budget request due to changes in the anticipated dates of
implementation of the various arms control agreements and
treaties. The reductions are as follows: $14.0 million from the
operation and maintenance account for the On-Site Inspection
Agency (OSIA); $2.0 million from weapons procurement, Navy;
$7.0 million from operation and maintenance, Army; and $1.0
million from operation and maintenance, Air Force.
The conferees agree that the Department of Defense shall
keep the Congress informed on the status of the OSIA mission to
implement Annex 1-B of the General Framework for Peace in
Bosnia and Herzegovina Agreement (known as the Dayton
Agreement), and any impact this mission may have on the ability
of OSIA to conduct its other arms control inspection
responsibilities.
Additionally, the conferees reiterate the concerns that
were expressed in the statement of managers in the conference
report accompanying the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106) with regard to limiting
the expenditure of funds to provide reimbursement for arms
control implementation inspection costs borne by the inspected
party to a treaty or agreement. As expressed in the statement
of managers, funds may only be expended if the Congress has
been notified 30 days in advance of an agreement by the
President to a policy or policy agreement, and that policy or
policy agreement does not modify any obligation imposed by the
arms control agreement. Currently, the Congress is aware of
only two such policy agreements that would reimburse Belarus,
Kazakhstan, and Ukraine for the costs of U.S. inspections
conducted within those states. The conferees understand that
those reimbursements occur on a six-month basis after the
inspections have been conducted. Those policy agreements are
with regard to the Intermediate-Range Nuclear Forces (INF)
Treaty and the Strategic Arms Reduction Treaty (START),
concluded in May 1994 and February 1995.
Once again, the conferees express their concern that arms
control consultative commissions are being used as a mechanism
to make substantive changes or modifications to arms control
treaties and agreements that should be brought to the Senate
for its review and subsequent advice and consent. There may be
very good reasons for changes in implementation of specific
arms control treaties or agreements. However, if a change or
modification to the treaty or agreement would result in a
substantive change to the understanding under which the Senate
provided its advice and consent prior to ratification, the
Congress should be consulted about the recommended change or
modification in advance of any agreement in the consultative
commissions, and must provide its subsequent agreement to the
change or modification.
The conferees support the ratification and full
implementation by all parties of the Chemical Weapons
Convention (CWC), as negotiated. However, the conferees remain
concerned that Russia continues to engage in chemical weapons
activities inconsistent with the accord. In addition, Iran, a
signatory to the convention, has been characterized by one U.S.
official as having ``the most active chemical weapons program''
in the Third World. Further, a number of states that possess
active chemical weapons programs, such as Libya, are not
signatories to the accord. For example, the Secretary of
Defense and the Director of Central Intelligence have confirmed
that Libya is engaged in the construction of an underground
chemical weapons facility carved into a mountain near Tarhunah.
This extensive project demonstrates the Libyan commitment to
the acquisition of a significant chemical weapons capability
and raises questions about the ability of arms control
agreements like the CWC to restrain the rogue regimes from
acquiring these types of weapons of terror.
With regard to the negotiations on a comprehensive test
ban, many experts believe that a Comprehensive Test Ban Treaty
(CTBT) is unlikely to be effectively verifiable. Countries
intent on cheating could identify and implement evasive
measures that would make it virtually impossible for U.S.
sensors to detect low-yield tests. This thesis is given
additional credibility by reports that the Russians may have
recently conducted a nuclear test, in violation of their self-
imposed moratorium, at Novaya Zemlya.
The conferees support the budget request for arms control
implementation, which includes $26.7 million for research,
development, test and evaluation of technologies to aid in the
detection of nuclear tests. As discussed elsewhere in the
statement of managers, the conferees recommend $6.5 million for
basic research on seismic nuclear monitoring, which could be
used to detect low-yield nuclear tests.
FY 1997 ARMS CONTROL IMPLEMENTATION BUDGET
----------------------------------------------------------------------------------------------------------------
Account Program Request Recomm Rec auth
----------------------------------------------------------------------------------------------------------------
WPN........................................ Arms control compliance........... 14.840 -2.000 12.840
OPAF....................................... Spares & repairs.................. 0.207 0.000 0.207
PDA........................................ OSIA.............................. 3.286 0.000 3.286
RDT&E, AF.................................. Arms control implementation....... 26.786 0.000 26.786
RDT&E, DA.................................. Ver tech dem, DNA (603711)........ 26.199 0.000 26.199
O&M, Army.................................. .................................. 37.255 -7.000 31.255
O&M, Navy.................................. .................................. 35.402 0.000 35.402
O&M, AF.................................... .................................. 29.331 -1.000 28.331
O&M, DA.................................... OSIA.............................. 109.030 -14.000 95.030
--------------------------------
Total................................ .................................. 282.336 -24.000 258.336
----------------------------------------------------------------------------------------------------------------
LEGISLATIVE PROVISIONS
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
LEGISLATIVE PROVISIONS ADOPTED
Extension of counterproliferation authorities (sec. 1301)
The House bill contained a provision (sec. 1301) that
would extend the authority of the Department of Defense to
provide support to the United Nations Commission on Iraq
(UNSCOM) through the end of fiscal year 1997.
The Senate amendment contained a similar provision (sec.
1043) that would extend the authority of the Department of
Defense to provide support to UNSCOM through the end of fiscal
year 1998.
The Senate recedes with an amendment that would extend
the authority of the Department of Defense to provide support
to UNSCOM through the end of fiscal year 1997. Additionally,
the conferees agree to a provision that would provide the
Department with authority to exceed the levels authorized in
fiscal year 1997 for DOD support to UNSCOM in the event of a
significant unforeseen development. In that event, the
Secretary of Defense would be required to notify the
congressional defense committees in writing, prior to providing
assistance that would exceed the levels authorized for DOD
support. However, if the Secretary of Defense determines that
prior notification of such action is not possible, he must
notify the congressional defense committees of his actions no
later than 15 days after the date the additional assistance was
provided.
Limitation on retirement or dismantlement of strategic nuclear delivery
systems (sec. 1302)
The House bill contained a provision (sec. 1302) that
would prohibit the use of funds appropriated to the Department
of Defense during fiscal year 1997 for retiring or dismantling
any B-52H bombers, Trident ballistic missile submarines,
Minuteman III intercontinental ballistic missiles (ICBMs), or
Peacekeeper ICBMs.
The Senate amendment contained a similar provision (sec.
1062) that would prohibit the use of funds during fiscal year
1997 for the retirement of B-52H bombers, Trident ballistic
missile submarines, Minuteman III intercontinental ballistic
missiles, or Peacekeeper intercontinental ballistic missiles,
or preparing to retire or dismantle such systems. The provision
would allow the Secretary of Defense to waive the funding
restrictions on retiring or dismantling strategic nuclear
delivery systems, other than for B-52H bombers, to the extent
necessary to implement the START II Treaty.
The House recedes with an amendment that would limit the
obligation of funds during fiscal year 1997 for early
deactivation of U.S. strategic nuclear delivery systems until
30 days after the date on which the President submits to
Congress a report concerning such actions. The conferees note
that discussions have been held between the governments of the
United States and the Russian Federation regarding an agreement
on early deactivations of strategic nuclear weapons and/or
strategic nuclear delivery systems, once the START II Treaty
has entered into force. However, the conferees have not been
given information about the substance of these discussions or
negotiations.
In order to retain 94 B-52H aircraft in an operational
status (28 in attrition reserve), the conferees recommend an
increase of $42.9 million in Operation and Maintenance, Air
Force. Of the amounts available in Aircraft procurement, Air
Force, $42.7 million shall be available for B-52H aircraft
modifications. Of the amounts available in Military Personnel,
Air Force, $3.3 million shall be available for support of the
28 attrition reserve aircraft. In making these recommendations,
the conferees do not intend to alter the Air Force's ongoing
effort to consolidate B-52 squadrons. The conferees also do not
intend to preclude long-range pre-planning, design, or
evaluation efforts to allow the Navy and Air Force to be ready
to execute various retirement and dismantlement options in an
efficient manner.
Strengthening certain sanctions against nuclear proliferation
activities (sec. 1303)
The Senate amendment contained a provision (sec. 1085)
that would authorize the President to impose Export-Import Bank
sanctions against specific persons or entities that knowingly
aid or abet countries to acquire nuclear weapons, or nuclear
materials for such weapons, by amending the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(4)).
The House bill contained no similar provision.
The House recedes with a technical and clarifying
amendment.
The global spread of nuclear weapons constitutes one of
the gravest threats to the national security of the United
States and that our friends and allies. The persistent and
ever-changing nature of this threat, together with the numerous
pathways available to countries to acquire these weapons,
require both the Congress and the Executive Branch to ensure
that the United States possesses tools, including necessary
statutes, to combat this threat.
Current law requires the denial of Export-Import Bank
credits: to finance goods destined to countries that violate
safeguards or a U.S. nuclear agreement, to any non-nuclear
weapon state that has detonated a nuclear weapon or device,
and, to any country that has willfully aided or abetted a non-
nuclear weapon state to acquire or develop a nuclear weapon.
In 1996, a Chinese government-owned entity transferred
sensitive uranium enrichment technology to Pakistan. This
action raised the possibility that several billion dollars of
Export-Import Bank-financed credits for U.S. exports to China
would be denied. However, the specific entity, the China
Nuclear Energy Industry Corporation (CNEIC), escaped sanctions
under current law because the administration judged that
current law, which prescribes sanctions only against a
``country'' that willfully aids and abets proliferation, does
not authorize sanctions against a person or entity, such as the
CNEIC.
The conferees agree that enabling the President to target
sanctions against specific proliferators that are not countries
will provide important additional options to the President and
thereby strengthen the U.S. ability to use sanctions as a tool
to discourage future business with enterprises that knowingly
promote the global spread of nuclear weapons and materials.
Presidential report regarding weapons proliferation and policies of the
People's Republic of China (sec. 1306)
The House bill contained a provision (sec. 1048) that
would express the concerns of the Congress with regard to the
transfer by China to Pakistan of sophisticated equipment
important to the development of nuclear weapons in Pakistan,
China's compliance with nuclear proliferation regimes, and the
decision of the United States not to impose sanctions against
China for its transfer of equipment to Pakistan. The provision
would express the sense of the Congress that the President
should not have decided that the evidence of China's actions
was not sufficient to warrant sanctions. The provision would
also require the President to report to Congress on the
administration's response to China's transfer of equipment to
Pakistan, on specific information related to the justification
for the President's determination not to enforce sanctions
against China, and on subsequent actions taken by the United
States to enforce compliance with nonproliferation and export
control regimes.
The Senate had no similar provision.
The Senate recedes with an amendment that would express
congressional concerns regarding China's transfer of assistance
to Iran and Pakistan that could contribute to the manufacture
of nuclear weapons; transfer of nuclear weapons technology and
assistance, as well as the transfer of M-11 missiles, to
Pakistan; and China's compliance with proliferation regimes
such as the nuclear Nonproliferation Treaty and the Missile
Technology Control Regime (MTCR). The provision would also
require the President to submit a report to Congress within 60
days of enactment of this Act regarding the transfer of nuclear
weapons technology and assistance, as well as their means of
delivery, by China to Pakistan, subsequent actions taken by the
President to express concern with China's compliance with
nuclear proliferation regimes, and information related to the
specific justification by the Secretary of State that there was
no sufficient basis for imposing sanctions against China.
United States-People's Republic of China Joint Defense Conversion
Commission (sec. 1307)
The House bill contained a provision (sec. 1306) that
would prohibit obligation or expenditure of fiscal year 1997
funds for activities associated with the United States-People's
Republic of China Joint Defense Conversion Commission until
Congress receives reports required by section 1343 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106).
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of the Congress concerning export controls (sec. 1308)
The Senate amendment contained a provision (sec. 1046)
that would express the sense of the Senate that an
international export control regime is critically important;
that agreement on an international export control regime should
be a top priority of the United States; that the United States
should encourage the adoption by friends and allies of a
commodity control list similar to the U.S. list; that
enforcement activities should be strengthened; and, that the
United States should use unilateral controls.
The House bill contained no similar provision.
The House recedes with a technical and clarifying
amendment.
During the Cold War, the Coordinating Committee for
Multilateral Export Controls (COCOM) regime assisted the North
Atlantic Treaty Organization (NATO) in maintaining a
qualitative military edge over the Warsaw Pact. However, in the
post-Cold War era, while allies have a strong interest in
coordinating exports, they have rejected efforts to implement
restrictive procedures, such as those used in COCOM, to ensure
the restriction of exports of militarily significant dual use
technologies and commodities.
Dual-use technologies and commodities are civilian items
which have military application; they are not munitions. The
United States controls the export of its dual use technologies
and commodities for national security, foreign policy, and
short supply purposes. The legislative framework that controls
the exports of these dual use items is the Export
Administrative Act (EAA).
The world has changed dramatically since 1988 (the last
time the Export Administration Act (EAA) was revised). COCOM
coordinated NATO restrictions on exports of conventional
weapons and related dual use goods to communists countries, but
was disbanded in March 1994. To date, the administration's
effort to negotiate an effective successor regime to COCOM,
which would restrict exports to targeted countries (Iran, Iraq,
Libya and North Korea) from former COCOM members and new
members from neutral and eastern European countries, has
failed.
Additionally, the Export Administration Act (EAA) expired
in August 1994 and new legislation has not been adopted by
Congress. Currently, the President's authority to control the
export of dual use technologies is exercised under Executive
Order 12938. Executive Order 12938 declared a national
emergency with respect to the threat posed to U.S. national
security by the proliferation of weapons of mass destruction.
Under this executive order the President can enforce most
export controls on dual use technologies and commodities that
would contribute to the proliferation of weapons of mass
destruction. The executive order, however, does not provide
full enforcement authority.
The capability to build weapons of mass destruction
(WMD), including nuclear, chemical and biological weapons, and
missiles to deliver WMD, is spreading. Without adequate export
controls on sensitive dual use technologies and commodities,
their export could enable an adversary to design, develop,
test, produce, stockpile or use weapons of mass destruction,
missile delivery systems, and other significant military
capabilities.
The availability of sensitive military technologies to
countries, without sufficient safeguards to ensure that these
technologies cannot be transferred to a third country (which
could be a rogue nation), remains a fundamental concern to the
United States and should be eliminated through deterrence,
negotiations, and other appropriate means.
Export controls remain part of a comprehensive approach
that effectively responds to U.S. national security interests.
The United States should continue to work with its friends and
allies to negotiate an agreement to restrict exports of dual
use technologies and commodities to foreign countries that
threaten U.S. national security, nonproliferation, or foreign
policy interests.
Sense of Congress concerning assisting other countries to improve
security of fissile material (sec. 1310)
The House bill contained a provision (sec. 1054) that
would express the sense of Congress that it is in the national
interest of the United States to take actions to assist other
countries in securing and accounting for plutonium and highly
enriched uranium from dismantled nuclear weapons.
The Senate amendment contained no similar provision.
The Senate recedes.
Review by Director of Central Intelligence of National Intelligence
Estimate 95-19 (sec. 1311)
The House bill contained a provision (sec. 1308) that
would direct the Director of Central Intelligence (DCI) to
review the underlying assumptions and conclusions of the
November, 1995, National Intelligence Estimate on ``Emerging
Missile Threats to North America During the Next 15 Years,'' to
convene a panel of independent, non-governmental experts, and
to report the panel's findings to Congress, along with the
DCI's comments.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
legislative provisions adopted
Commission to assess the ballistic missile threat to the United States
(secs. 1321-1329)
The House bill contained provisions (secs. 1321-1329)
that would establish a commission to be known as the
``Commission to Assess the Ballistic Missile Threat to the
United States.'' The commission's members would be private
citizens with knowledge and expertise in the political and
military aspects of proliferation of ballistic missiles and the
ballistic missile threat to the United States, and would have
access to the resources and information of the intelligence
community necessary to carry out their responsibilities. The
commission would consist of nine members appointed by the
Director of Central Intelligence. Consistent with the
consultative nature of the appointment process used by the
Defense Base Closure and Realignment Commission (Public Law
101-510), three members would be chosen in consultation with
the Speaker of the House of Representatives, three members
would be chosen in consultation with the Majority Leader of the
Senate, and three members would be chosen in consultation with
the minority leaders of the House and Senate.
The Senate amendment contained no similar provision.
The Senate recedes.
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Cooperative threat reduction (CTR) program, domestic emergency
assistance programs and programs for the defense against
weapons of mass destruction (secs. 1401-1505)
The House bill contained provisions (sec. 1101-1105) that
would: authorize $302.9 million for the Cooperative Threat
Reduction (CTR) program, a $25.0 million reduction to the
budget request; would specify CTR programs; allocate fiscal
year 1997 funding for the various CTR programs and activities;
prohibit the use of CTR funds for specific purposes; prohibit
the obligation of CTR funds until various reports are submitted
to Congress; and make fiscal year 1997 CTR funds available for
three fiscal years. Additionally, the House report (H. Rept.
104-563) encouraged the Secretary of Defense to report to the
Congress by September 30, 1996, an assessment of the
advisability of the Department of Defense's establishing a
program for enhancing the capability of the Department to
assist law enforcement agencies in responding to terrorism or
natural disasters involving chemical or biological agents and
recommended an increase of $12.0 million in PE 65160D to
preserve the option of initiating such a program in fiscal year
1997.
The Senate amendment would fully fund the budget request
for CTR at $327.9 million. In addition, the Senate amendment
contained provisions (secs. 1301-1356) that would increase the
overall budget request for defense operation and maintenance by
$150.0 million, and add $85.0 million to the budget request for
the Department of Energy to establish a comprehensive program
to improve U.S. capabilities to deal with the use, or
threatened use, of weapons of mass destruction. In that regard,
the amendment would expand the scope of the DOD CTR program and
the DOE arms control and materials, protection, control and
accountability programs to include additional activities,
especially assistance to the independent states of the former
Soviet Union. Of the $235.0 million budget increase for DOD and
DOE, $80.0 million would be authorized for the establishment of
a DOD and DOE domestic emergency assistance program; $59.0
would be authorized for domestic and international border
security assistance DOD CTR and DOE materials, protection,
control and accountability activities would be increased by
$94.0 million; and $2.0 million would be authorized for
research activities of the proliferation coordinator.
Additionally, the provision would provide the President
with more specific authorities than exist under current law by
authorizing the limited use of U.S. military forces to assist
the Department of Justice in domestic emergency situations
involving the terrorist use of WMD and by amending the
International Emergency Economic Powers Act.
The House recedes with an amendment to the Senate
provisions.
The Senate recedes with an amendment to the House
provisions.
Since the end of the Cold War, materials and technologies
related to weapons of mass destruction--nuclear, radiological,
chemical, and biological weapons--have become increasingly more
available to rogue states, terrorist groups, and unstable
individuals. Controls over nuclear materials in the former
Soviet Union continue to require significant improvement. Easy
access to dual-use materials and technologies to fabricate
chemical and biological weapons make the proliferation of these
weapons arguably the most urgent and serious threat the United
States faces today.
The United States government must improve and make
comprehensive the way it addresses this threat. To this end,
the conferees agree to a series of provisions that address all
aspects of the threat of the proliferation of weapons of mass
destruction. The conferees agree to recommend an additional
$201.0 million to the budget to address this issue. These
increased funds would: increase the budget request for the
Cooperative Threat Reduction (CTR) program by $37.0 million;
authorize a $10.0 million increase to the budget request for
the counterproliferation support program; authorize $30.0
million for U.S. and international border security activities;
add $65.0 million for the establishment of a domestic emergency
response program; and add $57.0 for DOE materials, protection,
control and accountability.
Domestic Preparedness
Enhancing the nation's ability to prevent, and, if
necessary, to respond to a terrorist incident involving
nuclear, radiological, chemical, or biological weapons or
materials is the cornerstone of this program. The conferees
note that an interagency group, composed of the Federal
Response Plan signatory agencies led by the Federal Emergency
Management Agency (FEMA) completed and forwarded to the
President on July 1, 1996, a report titled ``Consequences
Management for Nuclear, Biological, and Chemical (NBC)
Terrorism.'' The report documents the inadequacy of the Federal
Response Plan to deal with NBC terrorist incidents and makes
specific recommendations regarding capability enhancements. The
conferees agree to a provision (sec. 1411) that would require
the President to take immediate action to enhance the
capability of the Federal Government to respond to such
incidents and to provide enhanced support to improve the
capabilities of State and local emergency response and law
enforcement agencies to respond to such incidents. The
provision would further require the President to provide to the
Congress by January 31, 1997, a report containing an assessment
of such capabilities, improvements required, and measures that
should be taken to achieve such improvements, including
additional resources and legislative authority that might be
necessary.
The conferees agree to recommend $50.0 million for the
establishment of a domestic emergency assistance program for
the Department of Defense to immediately begin sharing its
unique expertise, experience, and equipment in dealing with
chemical and biological weapons and materials with local
emergency first respondents (firemen, policemen, and medical
workers).
The conferees expect that the Secretary of Defense will
work expeditiously with the Secretary of Health and Human
Services in providing DOD resources and expertise to the Office
of Emergency Preparedness for the formation of emergency
medical teams that are trained and equipped to handle incidents
involving weapons of mass destruction.
The conferees agree to provide $15.0 million for DOD to
conduct interagency exercises that will focus on testing and
improving the U.S. Government's ability to respond to incidents
involving weapons of mass destruction.
The conferees have agreed to an additional provision
(sec. 1414) that would require DOD to establish at least one
Chemical-Biological Emergency Response Team for rapid response
to domestic terrorism. The conferees expect that such teams
would be similar in concept to the Nuclear Emergency Search
Team and Accident Response Groups that are maintained by DOE
for response to a nuclear incident. The conferees note in the
joint DOD/DOE report to the Congress, ``Preparedness and
Response to a Nuclear, Radiological, Biological, or Chemical
Terrorist Attack,'' dated June 13, 1996, that the DOD is
attempting to establish such a capability. The conferees note
that many of the capabilities sought for such teams are already
present in the Army's Technical Escort Unit, Edgewood Research,
Development, and Engineering Center, and Chemical Defense and
Infectious Disease Medical Research Institutes. The conferees
also note the Counterproliferation Program Review Committee's
``Report on Activities and Programs for Countering
Proliferation'', dated May 1996, which states that U.S. Marine
Forces, Atlantic was scheduled to activate a Department of the
Navy/Marine Corps Chemical/Biological Incident Response Force
on June 1, 1996, to respond to chemical and biological
incidents (terrorist or otherwise) occurring on Naval
installations and Department of State legations worldwide. The
conferees understand that the unit has been activated and is
now in training.
In section 1416, the conferees agree to provide
authority, very narrowly defined and carefully constructed, for
the President and the Attorney General to request military
support to local authorities in incidents involving chemical
and biological weapons. This authority is in addition to the
authorities otherwise provided in Chapter 18 of title 10, U.S.
Code. The conferees agree that the use of the military in any
emergency situation involving biological or chemical weapons or
materials should be limited both in time and scope to dealing
with the specific chemical or biological weapons-related
incident.
Finally, the conferees have included a provision (sec.
1417) that would require Federal Response Plan agencies to
develop and maintain an inventory of equipment and other assets
that could be made available to aid State and local officials
in search and rescue and other disaster management and
mitigation efforts associated with an emergency involving
weapons of mass destruction, and would require FEMA to maintain
a comprehensive master list of the inventory. The provision
would also require FEMA to establish a data base on chemical
and biological agent and munitions characteristics and safety
precautions and to develop a system to provide federal, State,
and local officials access to the data base and to the master
inventory.
Interdiction of weapons of mass destruction and related materials
This section focuses attention on enhancing our efforts
at interdicting and detecting nuclear, radiological, chemical,
and biological weapons and related materials, the next step of
protecting the United States against the threat posed by the
proliferation of weapons of mass destruction. The conferees
agree to recommend $15.0 million for the DOD to assist the U.S.
Customs Service in interdicting these materials before they
enter the United States.
As mentioned above, the conferees also agree to an
increase of $10.0 million to the DOD counterproliferation
support program and an increase of $17.0 million to the DOE
nonproliferation and verification research and development
program to conduct research and development of technical means
for detecting the presence, transportation, production, and use
of weapons of mass destruction and related materials and
technologies.
Additionally, the conferees agree to provisions that
would amend the International Emergency Economic Powers Act to
provide penalties to cover attempts to import or export weapons
of mass destruction and related materials, and would express
the sense of the Congress that criminal penalties for
proliferation-related activities should be increased.
Finally, the conferees agree to recommend $15.0 million
for DOD training and assistance to customs services and border
guards in the former Soviet Union, the Baltic states, and
Eastern Europe in detecting and interdicting the smuggling of
weapons of mass destruction and related materials. This program
is intended to be separate and distinct from the existing DOD/
FBI counterproliferation assistance program, which focuses
largely on training law enforcement officials in the
interdiction of these materials. The conferees believe that law
enforcement and Customs agents, and border guards, must be
familiar with proliferation issues if any counterproliferation
effort is to be viable. While there may be some beneficial
overlap between the DOD/FBI effort and the DOD/Customs program
envisioned in this legislation, it is the view of the conferees
that the most effective way to reach and establish productive
relations is through expanding relations between analogous
counterparts. The conferees expect the Secretary of Defense to
make DOD equipment and related materials and technologies
available to the Commissioner of Customs for use in detecting
and interdicting the movement of weapons of mass destruction
into the United States to the extent authorized under existing
law. The Secretary of Defense and the U.S. Customs Commissioner
shall provide to Congress a joint report on the scope and
impact of this program and an inventory of items provided under
this authority. This report should also include the extent to
which it will interface with the DoD/FBI effort.
Control and disposition of weapons of mass destruction and related
materials threatening the United States
With regard to the DOD budget request for the CTR program
and the DOE budget request for materials, protection, control
and accountability, the conferees agree to recommend authority
for a variety of programs that focus on assisting the states of
the former Soviet Union to better control and/or eliminate
their stockpiles of weapons of mass destruction and related
materials. Programs include: $15.0 million for DOE MPC&A
activity; $10.0 million for DOD MPC&A activity; $10.0 million
for a DOE program to develop technologies associated with
improving the verification of nuclear warhead dismantlement;
$15.0 million for DOD activities related to the dismantlement
of chemical and biological weapons-related facilities; $9.0
million for DOE's Lab-to-Lab program; and $6.0 million for DOE
to work with the Russian government in enhancing the security
of fissile material used for the propulsion of Russian military
and civilian ships.
It is the view of the conferees that both DOE and DOD
should seek to expand these activities in the former Soviet
Union beyond nuclear activities in Russia, Ukraine, Kazakhstan,
and Belarus. While programs to date have appropriately focused
on the most pressing strategic concerns, critical work remains
to be done in combating the threat of proliferation at a
variety of sites in the other states of the former Soviet Union
where nuclear, chemical, and biological weapons-related
materials and technologies continue to be vulnerable to
proliferation.
The conferees agree to transfer $10.0 million in DOD
funds to DOE for activities related to the conversion of
several Russian nuclear core reactors so they no longer produce
weapons-grade plutonium. It is the view of the conferees that
the Secretary of Defense should transfer these funds to the
Secretary of Energy expeditiously so that the Department of
Energy can continue to move forward on this program.
Coordination of policy and countermeasures against proliferation of
weapons of mass destruction
The conferees agree that the nation's overall
coordination of policy, efforts, and activities addressing the
threat posed by the increasing availability of nuclear,
chemical, and biological weapons, materials, and technology
must be improved. The conferees agree to a provision that would
direct the appointment by the President of a national
coordinator on proliferation within the Executive Office of the
President, to advise the President on nonproliferation and
related issues regarding terrorism and international organized
crime. The provision would establish a committee on
nonproliferation, to be chaired by the coordinator, and
composed of members of the Executive Branch who have
responsibilities for crisis and consequence management,
nonproliferation, and related issues. This committee will
review and coordinate programs, policies, and directives
related to the proliferation of weapons of mass destruction and
the threat they pose to our national security. The conference
agreement also requires the President, through the committee on
nonproliferation, to submit a comprehensive report for carrying
out this amendment.
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
TITLE XVI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle B--Department of Defense Intelligence Personnel Policy
legislative provisions adopted
Department of Defense intelligence personnel policy (secs. 1631-1635)
The Senate amendment contained several provisions (sec.
1131-1134) that would provide new personnel management
authorities to the Secretary of Defense for managing the
civilian personnel in the DOD intelligence community.
These provisions would authorize the Secretary of Defense
to: 1) establish Senior Executive Service (SES) positions in
the intelligence community without regard to individual service
or agency caps while retaining the overall DOD cap; 2)
establish senior-level positions in the intelligence community
to provide upward mobility for individuals whose career
patterns and areas of expertise do not afford or require the
management experience required of an SES; 3) establish term-
limited non-competitive positions for periods of up to two
years to permit the rapid expansion or contraction of portions
of the workforce to meet evolving needs; 4) terminate the
employment of a member of the intelligence community in the
interests of the United States; 5) adjust the size, quality and
skill mix of the intelligence community workforce by allowing
greater weight to be given to performance and skill than is
currently possible under existing reduction-in-force rules.
The Senate amendment also contained several provisions
(secs. 921, 924, and 925) that would provide personnel
management authorities to the Secretary of Defense for managing
the civilian personnel in the National Imagery and Mapping
Agency that are consistent with other authorities affecting the
defense intelligence community.
The House bill contained no similar provision.
The House recedes with an amendment that would
consolidate those provisions addressing the management of
civilian personnel of the defense intelligence community
including those assigned to the National Imagery and Mapping
Agency.
The conferees intend that the section concerning time-
limited appointments be used for non-competitive appointments
to meet crisis or surge requirements. The conferees do not
intend to limit the temporary limited appointment or ``not-to
exceed'' authorities currently in effect.
Title XXI--Army
fiscal year 1997
legislative provisions
legislative provisions adopted
Land acquisition, National Ground Intelligence Center, Charlottesville,
Virginia (sec. 2105)
The conferees include a provision that would authorize
the Secretary of the Army to acquire real property for the
National Ground Intelligence Center, Charlottesville, Virginia.
The acquisition would be contingent upon the Secretary
certifying to the congressional defense committees that the
acquisition of the property would provide the most cost-
effective means of securing a location for the National Ground
Intelligence Center.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs
Overview
The budget request for fiscal year 1977 contained an
authorization of $11,049.5 million for the Department of Energy
National Security Programs. The House bill would authorize
$11,214.1 million. The Senate amendment would authorize
$11,499.5 million. The conferees recommended an authorization
of $11,399.5 million. Unless noted explicitly in the statement
of managers, all changes are made without prejudice.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
legislative provisions
Subtitle A--National Security Programs Authorizations
legislative provisions adopted
Weapons Activities (sec. 3101)
The House bill contained a provision (sec. 3101) that
would authorize $3,935.0 million for Department of Energy (DOE)
weapons activities.
The Senate amendment contained a similar provision (sec.
3101) that would authorize $3,949.0 million for Department of
Energy weapons activities.
The Senate recedes with an amendment that would authorize
$3,918.0 million for weapons activities, an increase of $208.0
million above the requested amount, for the following
activities: $1,661.8 million for stockpile stewardship
activities; $1,962.8 million for stockpile management
activities; $313.4 million for program direction. The
authorization includes an undistributed reduction of $20.0
million to be offset by the availability of prior year funds
that have not been obligated, or if obligated, have not been
expended and would not be needed for the projects that were the
basis for obligation.
In balancing the stockpile stewardship and stockpile
management programs, the conferees continue to be concerned
that the Department is placing an undue reliance on the long-
term, unproven science-based stockpile stewardship program at
the expense of modernizing the more traditional production,
engineering, and surveillance approaches needed to maintain
stockpile safety and reliability over the next ten to fifteen
years. The conferees direct the Department to seek an
appropriate balance between the two approaches to ensure that
the United States can maintain the safety, effectiveness, and
reliability of its nuclear stockpile.
Of the amount made available for technology transfer and
education, the conferees recommend $13.0 million for the
American Textiles Partnership project.
In the stockpile management program, the conferees
believe that the United States must maintain viable weapons
manufacturing capabilities and capacities to rebuild aging
weapons and to retain the ability to reconstitute, if
necessary, its nuclear forces, consistent with U.S. treaty
obligations. In this regard, the conferees are concerned that
the underlying rationale of the Department's Draft Programmatic
Environmental Impact Statement for Stockpile Stewardship and
Management could negatively impact production capabilities and
capacities by needlessly downsizing the production plants (Y-
12, Pantex, Kansas City, and Savannah River Site) and stripping
those facilities of unique skills and expertise. The conferees
also raised additional concerns regarding the Department's
phased approach to restore tritium production elsewhere in this
bill.
Of the amounts made available for stockpile management
activities, the conferees authorize an additional $90.0 million
for the four weapons production plants to begin a long-term
modernization and upgrade programs; an additional $60.0 million
for tritium production; an additional $5.0 million for a surety
program to improve waste minimization efforts in the new
stockpile management modernization program; an additional $6.0
million for tritium recycling plant upgrades; and an additional
$3.0 million for planning and construction of a tritium
extraction facility.
Weapons activities program direction is authorized at
$313.4 million, a reduction of $21.0 million. The conferees
direct that this decrease be used to continue reductions in
Federal employee staffing, foreign and domestic travel, and
non-technical support service contracts. The conferees direct
that reductions to the Federal workforce at DOE headquarters
and the non-technical contract support services workforce at
DOE headquarters be balanced. Further, the conferees direct the
Secretary of Energy to submit a report to Congress identifying
the frequency, destination, and cost of foreign travel funded
by the Department through grants, cooperative agreements, and
subcontracts.
The conferees note that the report required by section
3160 of the National Defense Authorization Act for Fiscal year
1996 has not been provided to the congressional defense
committees. The conferees direct the Secretary to provide the
required report not later than February 1, 1997. The conferees
further require that the report include information relating to
past instances in which safety or reliability issues in the
stockpile have resulted in a requirement to conduct nuclear
tests at yields above hydronuclear yields. The described data
shall include the types of problems identified, the solutions
to those problems, the type of nuclear test deemed necessary to
assure the resolution of each problem, and the element of the
stockpile stewardship program being undertaken as a substitute
for testing that could provide the analytical capacity to
understand, monitor, and make judgements regarding the impact
such a problem or problems would have on the reliability of the
stockpile. For each such instance, the report should indicate
the methods that were available to address the identified
problem which did not rely on nuclear testing, and the
confidence the Department could have expected from those
methods.
The conferees direct the Secretary to update the Warhead
Master Plan report required under Section 3153 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106) on a biennial basis and to inform the congressional
defense committees of noteworthy changes in the plan.
Environmental restoration and waste management (sec. 3102)
The House bill contained a provision (sec. 3102) that
would authorize funds for Department of Energy (DOE) defense
environmental restoration and waste management activities for
fiscal year 1997 at $5,409.3 million, the level of the budget
request.
The Senate amendment contained a provision (sec. 3102)
that would authorize $5,607.3 million for DOE defense
environmental restoration and waste management activities for
fiscal year 1997.
The conferees agree to provide $5,509.3 for DOE defense
environmental restoration and waste management activities for
fiscal year 1997 for the following activities: $1,762.1 million
for environmental restoration; $1,578.6 million for waste
management; $1,291.2 million for nuclear material and facility
stabilization; $411.5 million for program direction; $303.7
million for technology development; $23.1 million for policy
and management; $62.1 million for the environmental science
program; $185.0 million for privatization; and $50.0 million
for closure-acceleration activities. The conferees recommend
approval of the Department's request for a reduction of $150.4
million for prior year balances and an $8.0 million offset for
the Savannah River Site Pension Refund.
Of the funds authorized to be appropriated under section
3102(b), the conferees recommend: an additional $15.0 million
to accelerate Defense Waste Processing Facility operations and
associated high-level waste treatment; an additional $20.0
million for a one-time payment to the State of New Mexico
pursuant to a provision contained elsewhere in this bill; and
an additional $7.0 million for the Waste Isolation Pilot Plant
to make preparations for receipt of waste shipments.
Of the funds authorized to be appropriated under section
3102(c), the conferees recommend an additional $43.0 million
for nuclear material stabilization operations at the F- and H-
canyon facilities and an additional $15.0 million for the
National Spent Nuclear Fuel Program.
To provide additional resources for cleanup, the
conferees recommend reducing the budget request for the office
of policy and management (sec. 3102(f)) by $25.0 million. This
reduction would result in an authorization for this subaccount
that is comparable to that authorized and appropriated in
fiscal year 1996. Approximately $4.0 to $7.0 million of this
reduction would be derived by eliminating the requirement to
submit to Congress, on an annual basis, the baseline
environmental management report as required by the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
360). The conferees recommend elsewhere in this title that the
annual reporting requirement be converted to a biennial
requirement.
The conferees recommend a reduction to the budget request
for program direction (sec. 3102(d)) of $35.0 million. The
conferees direct that the Department absorb this funding
reduction by reducing the number of Federal employees assigned
to the Department's headquarters, by reducing administrative
overhead and travel expenses at DOE headquarters, and by
reducing non-technical contract support services at DOE
headquarters. The conferees direct that reductions to the
Federal workforce at DOE headquarters and the non-technical
contract support services workforce at DOE headquarters be
balanced. The conferees encourage the Department to examine
options for moving programmatic functions that currently reside
at DOE headquarters to Department field offices. Further, the
conferees direct the Secretary of Energy to submit a report to
the congressional defense committees identifying the frequency,
destination, and cost of foreign and domestic travel funded by
the Department through grants, cooperative agreements, and
subcontracts.
The conferees decline to accept the recommendation to
create a separate budget account for the office of site
operations. The conferees appreciate the role of this new
office and have no objection to this activity being performed
within the office of nuclear materials and facilities
stabilization. The conferees recommend funding the construction
projects associated with the office of site operations under
the budget function for the office of nuclear materials and
facilities stabilization. All of these projects have been
funded in the past under the latter office's budget function.
The conferees encourage the Department to continue
implementation of a viable stakeholder involvement program,
such as site specific advisory boards and other public
participation initiatives, at a level of activity equivalent to
that in fiscal year 1996. As with section 3153, in which the
conferees establish a requirement to develop future use plans,
the conferees believe strongly that public participation is
critical to the development of public trust and acceptance of
cleanup plans and programs, and that the public can be an
effective partner in helping the Department accelerate cleanup
schedules and thereby reduce long-term cleanup costs. The
conferees, therefore, urge the Secretary to work to preserve
resources for public participation in DOE cleanup activities.
The conferees recommend the creation of a new initiative
to be managed by the Assistant Secretary for Environmental
Management to accelerate the closure of facilities or
significantly reduce out year mortgage costs associated with
management of radioactive and other hazardous materials. In
doing so, the conferees direct that increased funding be
applied to those sites in the field where actual remediation
occurs. The conferees recommend that resources be applied to
sites such as Rocky Flats, Hanford, Oak Ridge, Savannah River,
and Idaho, where additional funding could be used to reduce
life-cycle costs significantly through acceleration of existing
activities, initiation of cost reducing deactivation and
decommissioning activities, and the application of innovative
cleanup technologies. Criteria for selection of projects under
this closure acceleration program are contained elsewhere in
this title.
The conferees recommend funding to establish a
privatization program for the treatment of high and low level
wastes at the Hanford facility. The conferees direct that the
Department provide a report to the congressional defense
committees no later than December 31, 1996, on the projected
cost savings, the extent of commercial competition and
participation in this initiative, and a recommendation on
changes that should be made to Federal procurement regulations
to make the program more effective.
The conferees encourage the Department to explore all
available options, including alternative allocation processes,
use of prior year balances, and other means, to ensure that
fiscal year 1997 funding for the Hanford privatization program
does not serve to slow the pace of cleanup at Hanford.
The conferees are aware that the Department will soon
select a new lead contractor for the Hanford facility. New
contract provisions should result in cost savings at this site.
The conferees strongly encourage the Department, to the maximum
extent possible, to allocate those savings that result from the
new management contract to the privatization program discussed
earlier. This approach should help to diminish any potential
negative budgetary impacts resulting from the creation of the
privatization fund in fiscal year 1997 and should eliminate any
negative impact on current cleanup activities at the Hanford
facility. Creation of a privatization fund is not intended to
interfere with or impede on-going critical stabilization,
maintenance, and cleanup operations at this site.
Finally, the conferees have been advised that a small
number of current and former employees at the Hanford facility
have failed to receive credit for the total years of service
performed at this facility, because of changes in contractors
on at least four occasions. While the four Hanford site pension
plans have been consolidated into a single pension plan,
apparently all of the service has not been included. The
conferees direct that the Department examine this issue and
provide a report to the congressional defense committees no
later than December 31, 1996, with a recommendation on how to
correct this problem or certifying that sufficient corrective
action has been taken.
Defense fixed asset acquisition/privatization (sec. 3103)
The House bill contained a provision (sec. 3103) that
would authorize $182.0 million to establish a new asset
acquisition and privatization program for the Department of
Energy's national security assets.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees recommend: $77.0 million for the advanced
mixed waste treatment project, Idaho Falls, Idaho; $15.0
million for the advanced mixed waste treatment project, Oak
Ridge, Tennessee; $70.0 million for the transuranic waste
treatment project, Oak Ridge, Tennessee; and $20.0 million for
other projects. No outlays are anticipated in fiscal year 1997
under this program. The conferees intend that pre-construction
planning expenditures for each of these projects be funded from
operating and maintenance funds authorized in section 3102 of
this Act.
The conferees recommend $7.0 million in pre-construction
funding for the advanced mixed waste treatment project. The
conferees believe this project is important to fulfilling the
Department's agreement with the State of Idaho and the
Department of the Navy with respect to the interim storage of
Naval nuclear spent fuel in Idaho.
Other defense activities (sec. 3104)
The budget request included $1.548 billion for Other
Defense Activities of the Department of Energy (DOE) for the
fiscal year 1997. The House bill contained a provision (sec.
3104) that would authorize $1.493 billion for Other Defense
Activities, a reduction of $55.0 million to the budget request.
The Senate amendment contained a provision (sec. 3103)
that would authorize $1.561 billion for the Other Defense
Activities, an increase of $85.0 million to the budget request.
The conferees agree to a provision that would authorize
$1.590 billion for these activities.
Verification and control technology
The conferees agree to authorize $513.3 million for
verification and control technology, an increase of $57.0
million to the budget request. Of the funds available in
nonproliferation and verification research and development, the
conferees agree that $10.0 million shall be available to
accelerate the Department's forensic analytical program to
develop capabilities to address the prevention, detection,
interception, and attribution of international nuclear
smuggling events. Additionally, $1.5 million shall be available
for the conduct of a joint DOE-National Defense study on
nuclear smuggling.
The conferees agree to provide $17.0 million to carry out
research and development of technical means for detecting the
presence, transportation, production, and use of weapons of
mass destruction and related technologies and materials. In
addition, the conferees direct the Secretary of Energy to
produce an annual evaluation of the expected powers and
expected limits that define the extent to which science and
technology can aid the nonproliferation effort. Additionally,
the conferees agree to provide $10.0 million for continuing and
expediting cooperative activities with the Government of Russia
to develop: (1) technologies for improving verification of
nuclear warhead dismantlement; (2) technologies for converting
plutonium from weapons into forms that are better suited for
long-term storage, to facilitate verification; and (3)
technologies that promote openness in Russian production,
storage, use, and final and interim disposition of weapons
usable fissile material.
With regard to arms control and control technology, the
budget request included $181.2 million. The conferees agree to
provide $246.2 million, an increase to the budget request of
$65.0 million for materials, protection and control activities.
Of these funds, the conferees agree to a $35.0 million increase
to the budget request for the Industrial Partnering Program
(IPP) and $7.9 million shall be available to complete the
canning of spent fuel rods in North Korea, pursuant to the
Agreed Framework, and to initiate post-canning technical
activities.
The conferees recommend an increase to the budget request
of $9.0 million for Lab-to-Lab activities. It is the view of
the conferees that DOE should seek to expand these activities
in the former Soviet Union beyond nuclear activities in Russia,
Ukraine, Kazakstan, and Belarus. While programs to date have
appropriately focused on the most pressing, strategic concerns,
critical work remains to be done in combating the threat of
proliferation at a variety of sites in the other states of the
former Soviet Union where nuclear, radiological, chemical, and
biological weapons-related materials and technologies continue
to be vulnerable to proliferation.
In addition, the conferees agree to provide $6.0 million
for DOE to carry out cooperative activities with the government
of Russia to improve the security of highly enriched uranium
that is used for propulsion of Russian military and civilian
ships. The Secretary of Energy is directed to develop and
periodically update a plan for such cooperative activities, and
shall coordinate the development and updating of this plan with
the Secretary of Defense, who shall involve the Joint Chiefs of
Staff in the coordination.
Intelligence
The conferees recommend an authorization of $35.2 million
for the intelligence program, a $6.0 million increase to the
budget request for fiscal year 1996 to expand
counterintelligence activities at the nuclear weapons
laboratories and at other high-risk facilities, and for
expanded analysis of the Russian and Chinese nuclear weapons
programs.
International Nuclear Safety
In addition to the $6.0 million recommended by the
conferees for core conversion activities at plutonium
production reactors in Russia, the conferees agree that
Department of Defense will transfer $10.0 million to DOE for
the replacement of core reactors at Tomsk and Krasnoyarsk.
Naval Reactors
The conferees recommend an additional $18.0 million for
the naval reactors program to allow the prototype plant
inactivation plan endorsed by the Department's Office of Naval
Reactors to proceed.
Defense nuclear waste disposal (sec. 3105)
The House bill contained a provision (sec. 3105) that
would authorize $200.0 million for defense nuclear waste
disposal activities of the Department for fiscal year 1997, the
requested amount.
The Senate amendment contained a similar provision (sec.
3104).
The Senate recedes.
Subtitle B--Recurring General Provisions
Legislative Provisions Adopted
Reprogramming (sec. 3121)
The House bill contained a provision (sec. 3121) that
would prohibit the reprogramming of funds in excess of 110
percent of the amount authorized for the program, or in excess
of $1.0 million above the amount authorized for the program
until the Secretary of Energy has notified the congressional
defense committees and a period of 30 days has elapsed after
the date on which the report is received. Should the Department
demonstrate that it has improved its procedures for handling
reprogramming requests, the committee would consider returning
a more flexible reprogramming statute in the future.
The Senate amendment contained an identical provision
(sec. 3121).
The conference agreement includes this provision.
Limits on general plant projects (sec. 3122)
The House bill contained a provision (sec. 3122) that
would limit the initiation of ``general plant projects'' if the
current estimated cost for any project exceeded $2.0 million.
If the Secretary of Energy found that the estimated cost of any
project would exceed $2.0 million, the appropriate committees
of Congress would have to be notified of the reasons for the
cost variation.
The Senate amendment contained a similar provision (sec.
3122) that would limit the initiation of ``general plant
projects'' if the current estimated cost of the project
exceeded $5.0 million dollars. The Senate amendment further
required the Secretary of Energy to conduct a study on the
establishment of a permanent authorization formula for
determining defense and civilian ``general plant projects''
limitations. Such a limitation would be adjusted periodically
for inflation and other factors. The Senate provision would
require the Secretary to report to Congress on the findings of
the study not later than February 1, 1997.
The Senate recedes with an amendment that would require
the Secretary of Energy to conduct a study and report to
Congress on a permanent formula for ``general plant projects''
not later than February 1, 1997.
Limits on construction projects (sec. 3123)
The House bill contained a provision (sec. 3123) that
would permit any construction project to be initiated and
continued only if the estimated cost for the project does not
exceed 125 percent of the higher of: (1) the amount authorized
for the project; or (2) the most recent total estimated cost
presented to the Congress as justification for such project. To
exceed such limits, the Secretary of Energy must report in
detail to the appropriate committees of Congress and the report
must be before the committees for 30 legislative days. This
provision would also specify that the 125 percent limitation
would not apply to projects estimated to cost under $5.0
million.
The Senate amendment contained an identical provision
(sec. 3123).
The conference agreement includes this provision.
Fund transfer authority (sec. 3124)
The House bill contained a provision (sec. 3124) that
would permit the transfer of authorized funds to other agencies
of the government for performance of work for which their funds
were authorized. The provision would allow the transferred
funds to be merged with the authorizations of the receiving
agency. The provision would also establish a five percent limit
for funds that may be transferred.
The Senate amendment contained an identical provision
(sec. 3124).
The conference agreement includes this provision.
Authority for conceptual and construction design (sec. 3125)
The House bill contained a provision (sec. 3125) that
would limit the Secretary of Energy's authority to a request
construction funding until the Secretary has certified a
conceptual design. This limitation would apply to construction
projects with a total estimated cost in excess of $2.0 million.
The provision would provide an exception in the case of
emergencies.
The Senate amendment contained a similar provision (sec.
3125) that would limit that Secretary's authority to
construction projects with a total estimated cost in excess of
$5.0 million. The Senate amendment would also require the
Secretary to provide a report on each conceptual design
completed under this paragraph.
The House recedes with an amendment that would exempt
construction project with a total estimated cost of less than
$2.0 million.
Authority for emergency planning, design, and construction activities
(sec. 3126)
The House bill contained a provision (sec. 3126) that
would permit, in addition to any authorized advance planning
and construction design, the Secretary of Energy to perform
planning and design with available funds for any Department of
Energy national security program construction project whenever
the Secretary determines that the design must proceed
expeditiously to protect the public health and safety, to meet
the needs of national defense, or to protect property.
The Senate amendment contained an identical provision
(sec. 3126).
The conference agreement includes this provision.
Funds available for all national security programs of the Department of
Energy (sec. 3127)
The House bill contained a provision (sec. 3127) that
would authorize amounts appropriated for management and support
activities and for general plant projects to be made available
for use, when necessary, in connection with all national
security programs of the Department of Energy.
The Senate amendment contained an identical provision
(sec. 3127).
The conference agreement includes this provision.
Availability of funds (sec. 3128)
The House bill contained a provision (sec. 3128) that
would authorize amounts appropriated for operating expenses or
for plant and capital equipment to remain available until
expended.
The Senate amendment contained an identical provision
(sec. 3128).
The conference agreement includes this provision.
Subtitle C--Program Authorizations, Restrictions, and Limitations
legislative provisions adopted
Stockpile Stewardship Program (sec. 3131)
The House bill contained a provision (sec. 3131) that
would authorize an additional $100.0 million for various
stockpile stewardship activities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
an additional $85.0 million for stockpile stewardship and
management activities.
The conferees direct that a portion of the additional
funds be used for enhanced surveillance of the nuclear weapons
stockpile, dual revalidation of the warheads in the nuclear
weapons stockpile, stockpile life extension programs,
production capability assurance programs for critical non-
nuclear components, accelerating capability to produce
prototype war reserve-quality plutonium pits, and conducting
subcritical tests among other programs, as the Secretary shall
determine.
The conferees note the postponement of subcritical
experiments at the Nevada Test Site. As a result, the conferees
direct the Secretary to report to the Congress within ninety
days of enactment of this Act on the reasons for the
postponement of the experiments planned to be conducted in
fiscal year 1996. As part of this report, the conferees direct
that the Secretary set out the basis for the requirement to
undertake subcritical tests to include the use of the tests to
baseline aspects of an aging stockpile, the date at which those
aspects might be expected to manifest themselves in the
stockpile, how the subcritical tests will add to the baseline
data on the reliability of the stockpile, and any other
information relevant to the decision to undertake subcritical
tests or to further postpone tests. Such a report should be
submitted both in classified and unclassified form.
Although the majority of additional funds authorized for
stockpile stewardship would be spent at the nuclear weapons
laboratories, the conferees strongly endorse and encourage a
continued, close collaboration among the weapons laboratories
and the production sites.
Manfacturing infrastructure for nuclear weapons stockpile (sec. 3132)
The House bill contained a provision (sec. 3132) that
would authorize an additional $125.0 million for the stockpile
manufacturing infrastructure program at the four Department of
Energy (DOE) weapons production plants (Savannah River Site,
South Carolina; Pantex Plant, Texas; Kansas City Plant,
Missouri; and Y-12 Plant, Tennessee) established in section
3137 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106). The additional funds would be used
to: establish and maintain the necessary capability and
competencies fully to support the evaluation, surveillance,
maintenance, repair, and dismantlement of the nuclear
stockpile; provide flexibility to respond to new production
requirements; maintain and improve the manufacturing technology
necessary to support fully the stockpile; and achieve
significant reductions in operating costs for the complex. This
provision would also require the Secretary of Energy to submit
a report to the congressional defense committees on obligations
under the program.
The Senate amendment contained a similar provision (sec.
3133) that would require DOE to pursue modernization activities
within the stockpile management program to assist in assuring
near-term confidence in the nuclear stockpile.
The House recedes with an amendment that would provide
$90.0 million above the budget request to pursue a
modernization initiative within the stockpile management
program.
The conferees find that the ``technology capability
alone'' approach to the nuclear weapons infrastructure
reconstitution requirement of the Nuclear Posture Review is
insufficient to meet national security requirements. The
conferees are troubled that the Department has not complied
with congressional direction included in section 3137 of the
National Defense Authorization Act for Fiscal Year 1996, and
continue to believe that this directed initiative is not only
prudent, but essential to maintaining nuclear weapons core
competence in order to repair and refabricate weapons at a
START I or START II stockpile level.
The conferees agree that funds authorized under this
section shall be divided approximately evenly among the four
plants. Furthermore, the funds allocated for the Savannah River
Site shall be used in part to: consolidate further the tritium
capabilities, beginning in fiscal year 1997, a year earlier
than the Department's current plans; accelerate the schedule
for producing tritium; support a more robust and aggressive
rapid reconstitution approach for plutonium pit manufacturing
by initiating a pre-conceptual design study for a replacement
pit fabrication facility; and increase core stockpile
management operation and maintenance (O&M) activities. The
funds allocated for the Y-12 Plant shall be used in part to:
accelerate the consolidation of facilities to manufacture and
disassemble secondaries; modernize production plant
infrastructure elements required for long-term operations; and
increase core stockpile management O&M activities. The funds
allocated for the Pantex Plant shall be used in part for a
consolidated pit packaging system and for increased core
stockpile management O&M activities. The funds allocated for
the Kansas City Plant shall be used in part to: upgrade current
manufacturing technologies; replace aging processing equipment;
invest in information systems upgrades to maintain
compatibility with advancements at the DOE national
laboratories; and increase core stockpile management O&M
activities.
Tritium production (sec. 3133)
The Senate amendment contained a provision (sec. 3131)
that would authorize $160.0 million for tritium production, an
increase of $60.0 million to the budget request. Increases
would be used to accelerate the Department of Energy's phased
approach to restore tritium production, including proceeding in
parallel with site preparation for new tritium production
facility.
The House bill would authorize $100.0 million for tritium
production (sec. 3101), the amount requested.
The House recedes.
The conferees note that the Department has established a
tritium production program in response to congressional
concerns about the lack of progress in this area. The conferees
consider this program critical to maintaining the nation's
nuclear deterrent capability.
The conferees believe that the tritium production program
must be accelerated to meet the requirements of the Nuclear
Weapons Stockpile Memorandum, which identified a new tritium
production date of 2005 if a reactor option is selected, or
2007 if an accelerator option is chosen. The conferees continue
to be concerned with the Department's failure to develop a
technically sound data base sufficient to select a preferred
option in fiscal year 1997, and its continuing underestimates
of funding requirements in this area. On this basis, the
conferees agree to recommend an increase of $50.0 million to
the budget request for a total fiscal year 1997 program of
$150.0 million.
The conferees direct the Department to accelerate its
phased approach to restoring the tritium production needs of
the United States, including proceeding in parallel with site
preparation for a new tritium production facility. The
conferees recognize the need to enhance ongoing accelerator
research and development and testing programs at the Los Alamos
National Laboratory, in conjunction with Savannah River Site
personnel. The conferees support these joint efforts and direct
the Department to provide the congressional defense committees
with a report on the planning and design of the accelerator.
The conferees also direct the continued test and
development of tritium targets for the light water reactor
program option by the Idaho National Engineering Laboratory,
and the initiation of planning for construction of a tritium
extraction facility that would be located at the selected site
identified in the Secretary's Record of Decision relating to
tritium production.
The conferees strongly support full consideration of all
technically feasible tritium production options, including
accelerator, existing commercial reactor, and multipurpose
reactor options; among others.
Modernization and consolidation of tritium recycling facilities (sec.
3134)
The House bill contained a provision (sec. 3132) that
referred to modernization and consolidation of tritium
recycling facilities.
The Senate amendment contained a provision (sec. 3132)
that would provide an additional $6.0 million to the budget
request to upgrade existing tritium recycling plant facilities
at the Savannah River Site.
The House recedes with an amendment that would also
direct the Secretary of Energy to modernize the Savannah River
tritium extraction facility.
The conferees direct that, of the amounts authorized to
be appropriated in section 3101, $6.0 million shall be
available for tritium recycling plant upgrades and $3.0 million
shall be available for planning and designing a tritium
extraction facility at the Savannah River Site.
Production of high explosives (sec. 3135)
The House bill contained a provision (sec. 3133) that
would direct that the manufacture and fabrication of high
explosives and energetic materials for use a components in
nuclear weapons systems be carried out at the Pantex Plant,
Amarillo, Texas. The provision would also prohibit the
expenditure of funds to move, or prepare to move, the
manufacture and fabrication of high explosives and energetic
materials for use as components in nuclear weapons systems from
the Pantex Plant to any other Department of Energy (DOE) site
or facility.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit
the obligation of expenditure of fiscal year 1997 or prior year
funds to move, or prepare to move, the manufacture and
fabrication of high explosives and energetic materials for use
as components in nuclear weapons systems from the Pantex Plant
to any other site or facility.
Nothing in this provision should be construed to limit
ongoing research, development and testing activities involving
high explosives and energetic materials at any Department of
Energy national laboratory.
Limitation on use of funds for certain research and development
purposes (sec. 3136)
The House bill contained a provision (sec. 3134) that
would reduce beginning in fiscal year 1997 the funding
percentage for Laboratory-Directed Research and Development
(LDRD) activities to two percent. The House provision would
prohibit expenditure of funds authorized for LDRD activities in
fiscal year 1997 until 15 days after the Secretary of Energy
issued a report on the manner in which such funds are planned
to be used.
The Senate amendment contained a provision (sec. 3134)
that would limit the use of LDRD and technology transfer
program funds appropriated or otherwise made available to the
Department in fiscal year 1997 under Section 3101 of this Act
to activities that support the national security mission of the
Department. This provision extends the limits described in
section 3141 of the National Defense Authorization Act for
Fiscal Year 1996 for another year.
The House recedes.
The conferees believe that the scientific and engineering
challenges embodied in the emerging stockpile stewardship and
stockpile management programs are sufficient to sustain the
preeminence of the laboratories in the areas of science and
engineering.
The conferees encourage the Department of Energy national
laboratories to direct a significant portion of these funds to
validating and implementing new technology for insertion in the
Navy's submarine construction program for the four transition
submarines to built between fiscal years 1998 and 2003. This
effort should be a cooperative venture among the national
laboratories, U.S. industry, and the Navy.
Prohibition on funding nuclear weapons activities with the People's
Republic of China (sec. 3137)
The House bill contained a provision (sec. 3135) that
would prohibit the obligation or expenditure of funds for any
cooperative nuclear weapons technology programs, to include
stockpile stewardship and safety programs with the People's
Republic of China (PRC). The provision would also require the
Department of Energy to report to Congress on past and planned
discussions or activities between the United States and the
PRC.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment making technical
changes and changing the date on which the report shall be
submitted.
The conferees note that it is possible that United States
national security interests might warrant cooperation on
nuclear weapons use controls. The conferees request that the
Secretary of Defense and the Secretary of Energy report on
whether having authority to undertake cooperative programs with
regard to use controls would be in the national security
interest of the United States.
International cooperative stockpile stewardship programs (sec. 3138)
The House bill contained a provision (sec. 3136) that
would prohibit the use of fiscal year 1997 and prior year funds
to conduct activities associated with international cooperative
stockpile stewardship programs, with the exception of
activities conducted with the United Kingdom and France.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
clear that the prohibition contained in subsection (a) does not
apply to activities carried out under the Cooperative Threat
Reduction (CTR) program as defined in this Act.
Temporary authority relating to transfers of defense environmental
management funds (sec. 3139)
The House bill contained a provision (sec. 3137) that
would direct the Secretary of Energy to grant authority to a
site manager to transfer up to $5.0 million between program
functions within his jurisdiction or to transfer a similar sum
between projects within his area of operation. A site manager
would only be authorized to conduct such a transfer one time in
a fiscal year to or from each program or project. The provision
would establish a limited expansion of the Department's current
reprogramming authority and would allow a site manager to
transfer money based on a finding that the transfer is
necessary to reduce a risk to health, safety, or the
environment, or to assure the most efficient use of site
environmental management funds.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Energy to report to Congress on the efficiency
of the authority and whether the Secretary believes that the
authority should be extended.
Management structure for nuclear weapons production facilities and
nuclear weapons laboratories (sec. 3140)
The House bill contained a provision (sec. 3138) that
would: impose a limitation on the delegation of authority;
require consultations with area offices of the Department of
Energy (DOE); require DOE area offices to report directly to
DOE Headquarters; require the Secretary of Energy to provide a
Defense Programs reorganization plan and report; and require
establishment of a Defense Programs Management Council.
The Senate amendment contained no similar provision.
The Senate recedes.
Accelerated schedule for isolating high-level nuclear waste at the
Defense Waste Processing Facility, Savannah River Site (sec.
3141)
The Senate amendment contained a provision (sec. 3135)
that would require the Secretary of Energy to accelerate the
schedule for the isolation of high-level nuclear waste in glass
canisters at the Savannah River Site, if acceleration would
result in long-term savings to the Federal Government and if it
would accelerate the removal and isolation of waste from long-
term storage tanks at the site.
The House bill contained no similar provision.
The House recedes.
The conferees believe that accelerating the treatment and
stabilization of high-level wastes will significantly reduce
out-year waste management costs and that the Department of
Energy should not restrict canister production capability and
capacity because of limited funds within the overall
Environmental Management budget. Therefore, the conferees
authorize an additional $15.0 million for the Department to
maximize canister production at Savannah River if the
aforementioned criteria are met.
Processing and treatment of high-level nuclear waste and spent nuclear
fuel rods (sec. 3142)
The Senate amendment contained a provision (sec. 3136)
that would authorize an additional $43.0 million above the
budget request for the Department of Energy (DOE), for the F-
canyon and H-canyon facilities. The provision would also
provide for the Implementation of the Department's plan to
address the Defense Nuclear Facility Safety Board (DNFSB)
Recommendation 94-1 concerning the processing of spent nuclear
fuel rods and other nuclear material at the Savannah River
Site. An additional $15.0 million above the budget request
would be authorized for the DOE National Spent Fuel Program to
support program planning, fuel characterization, transportation
planning, waste acceptance criteria development, and technology
development, that are necessary to move forward toward a
permanent disposition of DOE-controlled spent fuel.
The House bill contained no similar provision.
The House recedes with an amendment that would require
any funds made available under this section to the Idaho
National Engineering Laboratory to be considered as partial
fulfillment of the settlement agreement entered into by the
United States with the State of Idaho on October 17, 1995.
The conferees also incorporated portions of the Senate
amendment relating to ``Plans for Activities to Process Nuclear
Materials and Clean up Nuclear Waste at the Savannah River
Site'' (Sec. 3154). This provision would require the Secretary
of Energy to prepare a near-term plan for the treatment,
packaging, and disposal of spent nuclear fuel located at or
anticipated to be shipped to the Savannah River Site. Such a
plan would address any requirements for upgrading and improving
the F-canyon and H-canyon material processing facilities
necessary to meet DNFSB recommendations. The provision would
require the Secretary of Energy to prepare a multi-year
utilization plan for the F-canyon and H-canyon material
processing facilities.
The multi-year program plan should address how the
Department proposes to use these facilities for efficient
management, stabilization, and disposition of nuclear materials
such as surplus uranium and plutonium, domestic and foreign
spent fuel, and any other nuclear materials requiring
stabilization to be received at the Savannah River Site. The
plan should provide options for chemical processing, reduction,
and isolation of nuclear materials. The plan should also
identify how the Department proposes to ensure that any
fissionable materials that may be separated or purified in the
canyons will not be used for nuclear weapons activities.
The provision would further require the Secretary of
Energy to continue operations and maintain a high state of
readiness at the F-canyon and H-canyon facilities, as
recommended by the DNFSB.
The conferees understand that a strategic goal of the DOE
Environmental Management (EM) program is to manage or eliminate
urgent risks in the EM system. The conferees believe that DOE
created an urgent risk situation with the fiscal year 1995
consolidation decision regarding storage of DOE spent nuclear
fuel rods at the Idaho National Engineering Laboratory (non-
aluminum clad) and at the Savannah River Site (aluminum clad).
The National Defense Authorization Act for Fiscal Year 1996
required the initiation of a specific program for the
disposition of spent nuclear fuel rods. The conferees continue
to be concerned with the Department's inadequate progress in
establishing a credible program and with the under-utilization
of the Department's resources. A clearly defined plan and
commitment are necessary for the safe storage, processing, and
ultimate disposition of these materials in a permanent
repository.
The conferees agree with the DNFSB that both F-canyon and
H-canyon facilities at the Savannah River Site have an
important future role.
Projects to accelerate closure activities at defense nuclear facilities
(sec. 3143)
The House bill contained a provision (sec. 3102) to
provide additional funding to Department of Energy field sites
for the purpose of accelerating clean up and facility closure
activities.
The Senate amendment contained similar provisions in
various sections.
The conferees agree to a provision that would provide
more detailed guidance to the Department on the criteria to be
used in implementing projects to accelerate the closure or
decommissioning of defense nuclear facilities. The conferees
recommend the creation of a new initiative and authorize
additional funding for closure acceleration projects at sites
such as Rocky Flats, Hanford, Oak Ridge, Savannah River, and
Idaho, where additional funding could be used to reduce life-
cycle costs significantly through the acceleration of existing
activities, initiation of cost reducing deactivation and
decommissioning activities, and the application of enhanced
cleanup technologies.
The conferees note that the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106)
required the Secretary of Energy to accelerate the schedule for
remedial activities at sites where the accelerated schedule
will achieve meaningful, long-term cost savings to the Federal
Government and accelerate the release of land for local reuse.
In reviewing the sites selected pursuant to the last year's
program, the conferees are concerned that the additional
funding provided was used on relatively small projects and that
the long term impact on reducing life cycle costs throughout
the defense nuclear complex will be minimal.
It is for this reason that the conferees established
additional criteria to assure that the projects selected will
achieve significant long-term cost savings to the Federal
Government. The conferees believe that taxpayers must see real
progress if they are to continue to support large expenditures
in environmental management funds that have increased five-fold
in just seven years.
To assure management discipline, the Secretary would be
required to develop a plan that will: define clearly the
delineated scope of work; demonstrate that, where required,
regulatory agreements are in place with appropriate regulatory
authorities that would allow for the successful completion of
the project; and demonstrate support of State and local elected
officials.
Contracts for the performance of these projects should be
performance and incentive based and not the traditional cost
plus contracts. While the conferees believe that contractors
should bear the risk for non-performance of activities within
their control, it is important that provisions be made to
include traditional commercial force majeure and risk sharing
concepts. All projects selected under this program must be
completed within 10 years.
Finally, with respect to the selection of projects that
meet the general eligibility requirements, the Secretary is
required to select those projects that will result in the most
significant long-term costs savings to the government and the
most significant reduction of imminent risk. Multi-year
contracting authority is granted to the Secretary to carry out
projects selected under this section and funds appropriated
would remain available until expended. The clear intent is to
identify those projects that are capable of being accelerated
using currently available technology and to reward those sites
that are aggressively seeking closure or decommissioning of
existing facilities. To encourage closure, the conferees have
made it clear that the existing budget projections for sites
are not to be reduced based on the award of funding under this
section for cleanup and closure.
The conferees have included language to the effect that
nothing in this section is to be construed as modifying
applicable statutory or regulatory environmental restoration
requirements. The conferees have included initial funding for
this program as a separate line item in section 3102 of this
title.
Payment of costs of operation and maintenance of infrastructure at
Nevada Test Site (sec. 3144)
The Senate amendment contained a provision (sec. 3138)
that would permit the Department of Energy to defer charging
the Department of Defense site overhead costs for work-for-
others activities carried out at the Nevada Test Site.
The House bill contained no similar provision.
The House recedes.
Subtitle D--Other Matters
legislative provisions adopted
Report on plutonium pit production and remanufacturing plans (sec.
3151)
The House bill contained a provision (sec. 3142) that
would require the Secretary to submit to the congressional
defense committees a report on plans for achieving a capability
to produce and remanufacture plutonium pits.
The Senate amendment contained no similar provision.
The Senate recedes.
Requirement for annual five-year budget for the national security
programs of the Department of Energy (sec. 3155)
The Senate amendment contained a provision (sec. 3151)
that would require the Secretary of Energy to submit an annual
National Security Five-Year Budget Plan to the congressional
defense committees. The plan would be submitted no later than
the day on which the President's annual budget request is
submitted to Congress.
The House bill contained no similar provision.
The House recedes.
The Secretary shall obligate no more than ninety-five
percent of the Department's annual appropriation for Atomic
Energy Defense Activities until the plan is submitted to the
congressional defense committees. The conferees direct the
Secretary of Energy to submit the plan for fiscal years 1997-
2001 as soon as possible, but no later than September 30, 1996.
Requirements for Department of Energy weapons activities budgets for
fiscal years after fiscal year 1997 (sec. 3156)
The Senate amendment contained a provision (sec. 3152)
that would require the Department of Energy to relate the
elements of its nuclear weapons program budget submission to
the specific requirements of the Nuclear Weapons Stockpile
Memorandum and the Nuclear Posture Review. In the context of
that submission, the Secretary of Energy would be required to
provide a long-term program plan, and a near-term program plan
for the certification and stewardship of the nuclear stockpile.
The House bill contained no similar provision.
The House recedes.
Repeal of requirement relating to accounting procedures for Department
of Energy funds (sec. 3157)
The Senate amendment contained a provision (sec. 3153)
that would repeal section 3151 of the National Defense
Authorization Act for Fiscal Year 1995. In 1994, at the time
this provision was enacted, the Department of Energy did not
have adequate control of uncosted and unobligated balances in a
number of areas. In many instances, the Department could not
identify the original fiscal year for which uncosted balances
were appropriated.
The House bill contained no similar provision.
The House recedes.
The conferees note that subsequent to the enactment of
the National Defense Authorization Act for Fiscal Year 1995,
the Department succeeded in significantly reducing its uncosted
and unobligated balances. In addition, the Department has
initiated a regular reporting methodology that allows the
congressional defense committees to track unobligated and
uncosted funds appropriated for national security activities.
The conferees support the continued use of such reports as a
cost effective substitute for section 3151.
Update of report on nuclear test readiness postures (sec. 3158)
The Senate amendment contained a provision (sec. 3155)
that would require an update of the Nuclear Test Readiness
Posture Report required by the National Defense Authorization
Act for Fiscal Year 1996. That report pertains to the readiness
and maintenance of the requisite underground testing expertise
at the Nevada Test Site and at the Nuclear Weapons
Laboratories. The report would be due to the congressional
defense committees no later than February 15, 1997.
The House bill contained no similar provision.
The House recedes with an amendment to change the due
date of the report to June 1, 1997.
Reports on critical difficulties at nuclear weapons laboratories and
nuclear weapons production plants (sec. 3159)
The Senate amendment contained a provision (sec. 3156)
that would require the head of any nuclear weapons laboratory
or nuclear weapons production plant to notify the Assistant
Secretary for Defense Programs immediately if there is any
difficulty associated with the nuclear weapons complex that
would have a significant bearing on the confidence relating to
the safety, surety, or reliability of a nuclear weapon within
the nuclear stockpile. The provision would also require the
Nuclear Weapons Council to notify Congress in the event that
the Council become aware of any difficulties within the purview
of the Council.
The House bill contained no similar provision.
The House recedes.
Extension of applicability of notice- and wait-required regarding
proposed cooperation agreements (sec. 3160)
The Senate amendment contained a provision (sec. 3157)
that would extend the date by which notice is to be made to
Congress regarding the release of restricted data or formerly
restricted data pursuant to a cooperative agreement with a
foreign country by amending Section 3155(b) of the National
Defense Authorization Act for Fiscal Year 1995.
The House bill contained no similar provision.
The House recedes with an amendment to extend until
October 1, 1997, the authority of the Department of Energy and
the Department of Defense to release data, as necessary, to
further fissile material and other weapons material control and
accountability program; to support atomic weapons control and
accountability; to assist in treaty verification; and to assist
in establishing a uniform international system of
classification.
Sense of Senate relating to redesignation of Defense Environmental
Restoration and Waste Management Program (sec. 3161)
The Senate amendment contained a provision (sec. 3158)
that would express the sense of the Congress that the
Department of Energy (DOE) redesignate the Defense
Environmental Restoration and Waste Management Program (also
known as the Environmental Management Program) as the Defense
Nuclear Waste Management Program. The provision would further
direct the Department of Energy to prepare and transmit to the
congressional defense committees, no later than January 31,
1997, a report that describes any difficulties or problems that
arise as a result of the name change, including any related
costs.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
provision to a sense of the Senate.
Commission on Maintaining United States Nuclear Weapons Expertise (sec.
3162)
The Senate amendment contained a provision (sec. 3159)
that would direct the Department of Energy to organize a high-
level commission to address problems associated with attracting
a new generation of nuclear weapons experts to ensure the
safety and reliability of the U.S. nuclear stockpile.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Energy to appoint two members to the
commission and would require that all commission appointments
be made no later than 60 days after the date of enactment of
this section.
Sense of the Congress regarding reliability and safety of remaining
nuclear forces (sec. 3163)
The Senate amendment contained a provision (sec. 3160)
that would express concerns about maintaining confidence in the
nuclear stockpile and our Nation's commitment to ensuring the
safety, security, reliability, and performance of U.S. nuclear
forces.
The House bill contained no similar provision.
The House recedes.
The conferees remain concerned with the ability of the
Department of Defense and the Department of Energy to maintain
confidence in the safety and reliability of the strategic
nuclear weapons stockpile in the absence of underground nuclear
tests. As long as the United States continues to depend on a
deterrent nuclear force, as articulated in the Nuclear Posture
Review, it is necessary for both the Department of Defense and
the Department of Energy to maintain the following: weapons
production capabilities and capacities; adequate funding to
maintain the remaining stockpile at a state of full readiness;
ability to meet full fabrication and tritium production
requirements; capabilities for tritium recycling and pit
manufacturing; and, to replace underground nuclear testing, a
successful science-based stockpile stewardship program.

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