Congressional Documents

EXCERPTS


                                                  Union Calendar No. 75
105th CONGRESS
  1st Session
                               H. R. 1119
                          [Report No. 105-132]
______________________________________________________________________

                                 A BILL

To authorize appropriations for fiscal years 1998 and 1999 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal years 1998 and 1999, and for other 
                               purposes.

_______________________________________________________________________

                             June 16, 1997

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 75
105th CONGRESS
  1st Session
                                H. R. 1119

                          [Report No. 105-132]

To authorize appropriations for fiscal years 1998 and 1999 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal years 1998 and 1999, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 1997

 Mr. Spence (for himself and Mr. Dellums) (both by request) introduced 
  the following bill; which was referred to the Committee on National 
                                Security

                             June 16, 1997

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               19, 1997]

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for fiscal years 1998 and 1999 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal years 1998 and 1999, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 1998''.

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.


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

Sec. 213. Tactical unmanned aerial vehicles.

Sec. 217. Limitation on use of funds for adaption of Integrated 
                            Defensive Electronic Countermeasures 
                            (IDECM) program to F/A-18E/F aircraft and 
                            A/V-8B aircraft.


             Subtitle C--Ballistic Missile Defense Programs

Sec. 231. Budgetary treatment of amounts requested for procurement for 
                            Ballistic Missile Defense programs.
Sec. 232. Cooperative ballistic missile defense program.
Sec. 233. Deployment dates for core theater missile defense programs
Sec. 234. Annual report on threat posed to the United States by weapons 
                            of mass destruction, ballistic missiles, 
                            and cruise missiles.
Sec. 235. Director of Ballistic Missile Defense Organization.
Sec. 236. Tactical high energy laser program.

                  TITLE III--OPERATION AND MAINTENANCE

                 Subtitle B--Military Readiness Issues

Sec. 311. Expansion of scope of quarterly readiness reports.

Sec. 314. Prohibition of implementation of tiered readiness system.
Sec. 315. Reports on transfers from high-priority readiness 
                            appropriations.

Sec. 317. Quarterly reports on execution of operation and maintenance 
                            appropriations.


                   Subtitle D--Depot-Level Activities

Sec. 331. Extension of authority for aviation depots and naval 
                            shipyards to engage in defense-related 
                            production and services.
Sec. 332. Exclusion of certain large maintenance and repair projects 
                            from percentage limitation on contracting 
                            for depot-level maintenance.
Sec. 333. Restrictions on contracts for performance of depot-level 
                            maintenance and repair at certain 
                            facilities.
Sec. 334. Core logistics functions of Department of Defense.

                       Subtitle G--Other Matters


Sec. 372. Continuation of Operation Mongoose.
Sec. 373. Inclusion of Air Force depot maintenance as operation and 
                            maintenance budget activity group.

Sec. 375. Prohibition on use of Special Operations Command budget for 
                            base operation support.


                       Subtitle B--Other Matters

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 904. Center for the Study of Chinese Military Affairs.

Sec. 907. Termination of the Defense Airborne Reconnaissance Office.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters


Sec. 1002. Incorporation of classified annex.


                       Subtitle E--Other Matters

Sec. 1055. Certification required before observance of moratorium on 
                            use by Armed Forces of antipersonnel 
                            landmines.


  TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                                 UNION

Sec. 1101. Specification of Cooperative Threat Reduction programs.
Sec. 1102. Fiscal year 1998 funding allocations.
Sec. 1103. Prohibition on use of funds for specified purposes.
Sec. 1104. Limitation on use of funds until specified reports are 
                            submitted.
Sec. 1105. Limitation on use of funds until submission of 
                            certification.
Sec. 1106. Use of funds for chemical weapons destruction facility.
Sec. 1107. Limitation on use of funds for storage facility for Russian 
                            fissile material.
Sec. 1108. Limitation on use of funds for weapons storage security.
Sec. 1109. Report to Congress on issues regarding payment of taxes or 
                            duties on assistance provided to Russia 
                            under Cooperative Threat Reduction 
                            programs.
Sec. 1110. Limitation on obligation of funds for a specified period.
Sec. 1111. Availability of funds.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1202. One-year extension of counterproliferation authorities.
Sec. 1203. Report on future military capabilities and strategy of the 
                            People's Republic of China.


            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2104. Authorization of appropriations, Army.


                            TITLE XXII--NAVY

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
                            projects.


                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
                            acquisition projects.



 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. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

                Subtitle B--Recurring General Provisions

Sec. 3127. Funds available for all national security programs of the 
                            Department of Energy.
Sec. 3128. Authority relating to transfers of defense environmental 
                            management funds.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Ballistic Missile Defense National Laboratory Program.

                       Subtitle D--Other Matters

Sec. 3141. Plan for stewardship, management, and certification of 
                            warheads in the nuclear weapons stockpile.

Sec. 3143. Revisions to defense nuclear facilities workforce 
                            restructuring plan requirements.

Sec. 3145. Report on proposed contract for Hanford Tank Waste 
                            Vitrification project.
Sec. 3146. Limitation on conduct of subcritical nuclear weapons tests.

Sec. 3148. Plan for external oversight of national laboratories.

Sec. 3150. Stockpile stewardship program.
Sec. 3151. Reports on advanced supercomputer sales to certain foreign 
                            nations.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
Sec. 3202. Plan for transfer of facilities from jurisdiction of Defense 
                            Nuclear Facilities Safety Board to 
                            jurisdiction of Nuclear Regulatory 
                            Commission.



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 Subtitle A--Authorization of Appropriations SEC. 101. ARMY. Funds are hereby authorized to be appropriated for fiscal year 1998 for procurement for the Army as follows: (1) For aircraft, $1,535,264,000. (2) For missiles, $1,176,516,000. (3) For weapons and tracked combat vehicles, $1,519,527,000. (4) For ammunition, $1,093,802,000. (5) For other procurement, $2,640,277,000. SEC. 102. NAVY AND MARINE CORPS. (a) Navy.--Funds are hereby authorized to be appropriated for fiscal year 1998 for procurement for the Navy as follows: (1) For aircraft, $6,172,950,000. (2) For weapons, including missiles and torpedoes, $1,214,687,000. (3) For shipbuilding and conversion, $7,654,977,000. (4) For other procurement, $3,073,432,000. (b) Marine Corps.--Funds are hereby authorized to be appropriated for fiscal year 1998 for procurement for the Marine Corps in the amount of $442,807,000. (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to be appropriated for procurement of ammunition for the Navy and the Marine Corps in the amount of $470,355,000. SEC. 103. AIR FORCE. Funds are hereby authorized to be appropriated for fiscal year 1998 for procurement for the Air Force as follows: (1) For aircraft, $6,770,900,000. (2) For missiles, $2,389,183,000. (3) For ammunition, $436,984,000. (4) For other procurement, $6,574,096,000. SEC. 104. DEFENSE-WIDE ACTIVITIES. Funds are hereby authorized to be appropriated for fiscal year 1998 for Defense-wide procurement in the amount of $1,836,989,000. SEC. 105. RESERVE COMPONENTS. Funds are hereby authorized to be appropriated for fiscal year 1998 for procurement of aircraft, vehicles, communications equipment, and other equipment for the reserve components of the Armed Forces as follows: (1) For the Army National Guard, $102,700,000. (2) For the Air National Guard, $117,775,000. (3) For the Army Reserve, $90,400,000. (4) For the Naval Reserve, $118,000,000. (5) For the Air Force Reserve, $167,630,000. (6) For the Marine Corps Reserve, $98,600,000. (7) For the Coast Guard Reserve, $5,250,000. SEC. 106. DEFENSE INSPECTOR GENERAL. Funds are hereby authorized to be appropriated for fiscal year 1998 for procurement for the Inspector General of the Department of Defense in the amount of $1,800,000. SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM. There is hereby authorized to be appropriated for fiscal year 1998 the amount of $610,700,000 for-- (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. .......... TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION .......... SEC. 213. TACTICAL UNMANNED AERIAL VEHICLES. (a) Prohibition on Funding for Outrider ACTD Program.--No funds authorized to be appropriated under section 201 may be obligated for the Outrider Advanced Concept Technology Demonstration (ACTD) program. (b) Funding Requirements.--Of the funds authorized to be appropriated for tactical unmanned aerial vehicles (TUAV) under section 201-- (1) $10,000,000 shall be available to carry out a competition for an unmanned aerial vehicle capable of vertical takeoff and landing; and (2) $11,500,000 shall be available to provide a Predator Unmanned Aerial Vehicle system equipped with synthetic aperture radar and associated equipment to facilitate the development of a common Tactical Control System for unmanned aerial vehicles. ............. SEC. 217. LIMITATION ON USE OF FUNDS FOR ADAPTION OF INTEGRATED DEFENSIVE ELECTRONIC COUNTERMEASURES (IDECM) PROGRAM TO F/A-18E/F AIRCRAFT AND A/V-8B AIRCRAFT. Not more than 50 percent of the amount authorized to be appropriated in section 201(2) for development of the Integrated Defensive Electronic Countermeasures (IDECM) program for adaption to the F/A-18E/F aircraft and the AV-8B aircraft may be obligated until the amount authorized in section 201(2) for development of the IDECM program for adaption to the F/A-18C/D aircraft is obligated. .............. Subtitle C--Ballistic Missile Defense Programs SEC. 231. BUDGETARY TREATMENT OF AMOUNTS REQUESTED FOR PROCUREMENT FOR BALLISTIC MISSILE DEFENSE PROGRAMS. (a) Requirement for Inclusion in Budget of BMDO.--(1) Chapter 9 of title 10, United States Code, is amended by inserting after section 222 the following new section: ``Sec. 224. Ballistic missile defense programs: amounts for procurement ``(a) Requirement.--Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for procurement for the National Missile Defense program or for any system that is part of the core theater missile defense program shall be set forth under the account of the Department of Defense for Defense-wide procurement and, within that account, under the subaccount (or other budget activity level) for the Ballistic Missile Defense Organization. ``(b) Core Theater Ballistic Missile Defense Program.--For purposes of this section, the core theater missile defense program consists of the systems specified in section 234 of the Ballistic Missile Defense Act of 1995 (10 U.S.C. 2431 note).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 222 the following new item: ``224. Ballistic missile defense programs: amounts for procurement.''. SEC. 232. COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM. (a) Requirement for New Program Element.--The Secretary of Defense shall establish a program element for the Ballistic Missile Defense Organization, to be referred to as the ``Cooperative Ballistic Missile Defense Program'', to support technical and analytical cooperative efforts between the United States and other nations that contribute to United States ballistic missile defense capabilities. All international cooperative ballistic missile defense programs of the Department of Defense shall be budgeted and administered through that program element. (b) Relationship to Other Program Elements.--The program element established pursuant to subsection (a) is in addition to the program elements for activities of the Ballistic Missile Defense Organization required under section 251 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 233; 10 U.S.C. 221 note). SEC. 233. DEPLOYMENT DATES FOR CORE THEATER MISSILE DEFENSE PROGRAMS. (a) Change in Deployment Dates.--Section 234(a) of the Ballistic Missile Defense Act of 1995 (subtitle C of title II of Public Law 104- 106; 110 Stat. 229; 10 U.S.C. 2431 note) is amended-- (1) in the matter preceding paragraph (1), by striking out ``, to be carried out so as to achieve the specified capabilities''; (2) in paragraph (1), by striking out ``, with a first unit equipped (FUE) during fiscal year 1998''; (3) in paragraph (2), by striking out ``Navy Lower Tier (Area) system'' and all that follows through ``fiscal year 1999'' and inserting in lieu thereof ``Navy Area Defense system''; (4) in paragraph (3)-- (A) by striking out ``with a'' and inserting in lieu thereof ``to be carried out so as to achieve a''; and (B) by striking out ``fiscal year 1998'' and ``fiscal year 2000'' and inserting in lieu thereof ``fiscal year 2000'' and ``fiscal year 2004'', respectively; and (5) in paragraph (4), by striking out ``Navy Upper Tier (Theater Wide) system, with'' and inserting in lieu thereof ``Navy Theater Wide system, to be carried out so as to achieve''. (b) Conforming Amendments for Program Element Name Changes.-- Section 251(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 233; 10 U.S.C. 221 note) is amended-- (1) in paragraph (2), by striking out ``Navy Lower Tier (Area) system'' and inserting in lieu thereof ``Navy Area Defense system''; and (2) in paragraph (4), by striking out ``Navy Upper Tier (Theater Wide) system'' and inserting in lieu thereof ``Navy Theater Wide system''. SEC. 234. ANNUAL REPORT ON THREAT POSED TO THE UNITED STATES BY WEAPONS OF MASS DESTRUCTION, BALLISTIC MISSILES, AND CRUISE MISSILES. (a) Annual Report.--The Secretary of Defense shall submit to Congress by January 30 of each year a report on the threats posed to the United States and allies of the United States-- (1) by weapons of mass destruction, ballistic missiles, and cruise missiles; and (2) by the proliferation of weapons of mass destruction, ballistic missiles, and cruise missiles. (b) Consultation.--Each report submitted under subsection (a) shall be prepared in consultation with the Director of Central Intelligence. (c) Matters To Be Included.--Each report submitted under subsection (a) shall include the following: (1) Identification of each foreign country and non-State organization that possesses weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such weapons and missiles with respect to each such foreign country and non-State organization. (2) A description of the means by which any foreign country and non-State organization that has achieved capability with respect to weapons of mass destruction, ballistic missiles, or cruise missiles has achieved that capability, including a description of the international network of foreign countries and private entities that provide assistance to foreign countries and non-State organizations in achieving that capability. (3) An examination of the doctrines that guide the use of weapons of mass destruction in each foreign country that possesses such weapons. (4) An examination of the existence and implementation of the control mechanisms that exist with respect to nuclear weapons in each foreign country that possesses such weapons. (5) Identification of each foreign country and non-State organization that seeks to acquire or develop (indigenously or with foreign assistance) weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such weapons and missiles with respect to each such foreign country and non- State organization. (6) An assessment of various possible timelines for the achievement by foreign countries and non-State organizations of capability with respect to weapons of mass destruction, ballistic missiles, and cruise missiles, taking into account the probability of whether the Russian Federation and the People's Republic of China will comply with the Missile Technology Control Regime, the potential availability of assistance from foreign technical specialists, and the potential for independent sales by foreign private entities without authorization from their national Governments. (7) For each foreign country or non-State organization that has not achieved the capability to target the United States or its territories with weapons of mass destruction, ballistic missiles, or cruise missiles as of the date of the enactment of this Act, an estimate of how far in advance the United States is likely to be warned before such foreign country or non-State organization achieves that capability. (8) For each foreign country or non-State organization that has not achieved the capability to target members of the United States Armed Forces deployed abroad with weapons of mass destruction, ballistic missiles, or cruise missiles as of the date of the enactment of this Act, an estimate of how far in advance the United States is likely to be warned before such foreign country or non-State organization achieves that capability. (d) Classification.--Each report under subsection (a) shall be submitted in classified and unclassified form. SEC. 235. DIRECTOR OF BALLISTIC MISSILE DEFENSE ORGANIZATION. (a) In General.--Subchapter II of chapter 8 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 203. Director of Ballistic Missile Defense Organization ``(a) Grade.--The position of Director of the Ballistic Missile Defense Organization-- ``(1) may only be held by an officer of the armed forces on the active-duty list; and ``(2) shall be designated under section 601 of this title as a position of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral. ``(b) Line of Authority to Secretary of Defense.--The Director of the Ballistic Missile Defense Organization reports directly to the Secretary of Defense and (if so directed by the Secretary) the Deputy Secretary of Defense, without intervening review or approval by any other officer of the Department of Defense, with respect to all matters pertaining to the management of ballistic missile defense programs for which the Director has responsibility (including matters pertaining to the status of those programs and the budgets for those programs).''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``203. Director of Ballistic Missile Defense Organization.''. SEC. 236. TACTICAL HIGH ENERGY LASER PROGRAM. (a) Transfer of Program.--The Secretary of Defense shall transfer the Tactical High Energy Laser program from the Secretary of the Army to the Director of the Ballistic Missile Defense Organization, to be carried out under the Cooperative Ballistic Missile Defense Program established pursuant to section 232(a). (b) Authorization.--Of the amount authorized to be appropriated in section 201, $38,200,000 is authorized for the Tactical High Energy Laser program. TITLE III--OPERATION AND MAINTENANCE ............ Subtitle B--Military Readiness Issues SEC. 311. EXPANSION OF SCOPE OF QUARTERLY READINESS REPORTS. (a) Expanded Reports Required.--Section 482 of title 10, United States Code, is amended to read as follows: ``Sec. 482. Quarterly readiness reports ``(a) Quarterly Reports Required.--Not later than 30 days after the end of each calendar-year quarter, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on military readiness. The report for a quarter shall contain the information required by subsections (b) (d), and (e). ``(b) Readiness Problems and Remedial Actions.--Each report shall specifically describe-- ``(1) readiness problems or deficiencies identified using the assessments considered under subsection (c); ``(2) planned remedial actions; and ``(3) the key indicators and other relevant information related to the identified problem or deficiency. ``(c) Consideration of Readiness Assessments.--The information required under subsection (b) to be included in the report for a quarter shall be based on readiness assessments that are provided during that quarter-- ``(1) to any council, committee, or other body of the Department of Defense-- ``(A) that has responsibility for readiness oversight; and ``(B) whose membership includes at least one civilian officer in the Office of the Secretary of Defense at the level of Assistant Secretary of Defense or higher; ``(2) by senior civilian and military officers of the military departments and the commanders of the unified and specified commands; and ``(3) as part of any regularly established process of periodic readiness reviews for the Department of Defense as a whole. ``(d) Comprehensive Readiness Indicators.--Each report shall also include information regarding each military department (and an evaluation of such information) with respect to each of the following readiness indicators: ``(1) Personnel strength.-- ``(A) Individual personnel status. ``(B) Historical and projected personnel trends. ``(2) Personnel turbulence.-- ``(A) Recruit quality. ``(B) Borrowed manpower. ``(C) Personnel stability. ``(3) Other personnel matters.-- ``(A) Personnel morale. ``(B) Medical and dental readiness. ``(C) Recruit shortfalls. ``(4) Training.-- ``(A) Training unit readiness and proficiency. ``(B) Operations tempo. ``(C) Training funding. ``(D) Training commitments and deployments. ``(5) Logistics--equipment fill.-- ``(A) Deployed equipment. ``(B) Equipment availability. ``(C) Equipment that is not mission capable. ``(D) Age of equipment. ``(E) Condition of nonpacing items. ``(6) Logistics--equipment maintenance.-- ``(A) Maintenance backlog. ``(7) Logistics--supply.-- ``(A) Availability of ordnance and spares. ``(e) Unit Readiness Indicators.--Each report shall also include information regarding the readiness of each unit of the armed forces at the battalion, squadron, or an equivalent level (or a higher level) that received a readiness rating of C-3 (or below) for any month of the calendar-year quarter covered by the report. With respect to each such unit, the report shall separately provide the following information: ``(1) The unit designation and level of organization. ``(2) The overall readiness rating for the unit for the quarter and each month of the quarter. ``(3) The resource area or areas (personnel, equipment and supplies on hand, equipment condition, or training) that adversely affected the unit's readiness rating for the quarter. ``(4) If the unit received a readiness rating below C-1 in personnel for the quarter, the primary reason for the lower rating, by reason code and definition. ``(5) If the unit received a readiness rating below C-1 in equipment and supplies on hand for the quarter, the primary reason for the lower rating, by reason code and definition. ``(6) If the unit received a readiness rating below C-1 in equipment condition for the quarter, the primary reason for the lower rating, by reason code and definition. ``(7) If the unit received a readiness rating below C-1 in training for the quarter, the primary reason for the lower rating, by reason code and definition. ``(f) Classification of Reports.--A report under this section shall be submitted in unclassified form. To the extent the Secretary of Defense determines necessary, the report may also be submitted in classified form.''. (b) Implementation Plan to Examine Readiness Indicators.--Not later than January 15, 1998, the Secretary of Defense shall submit to the congressional defense committees a plan-- (1) specifying the manner in which the Secretary will implement the additional reporting requirement of subsection (d) of section 482 of title 10, United States Code, as added by this section; and (2) specifying the criteria proposed to be used to evaluate the readiness indicators identified in such subsection (d). (c) Limitation Pending Receipt of Implementation Plan.--Of the amount available for fiscal year 1998 for operation and support activities of the Office of the Secretary of Defense, 10 percent may not be obligated until after the date on which the implementation plan required by subsection (b) is submitted. (d) First Report; Transition.--The first report required under section 482 of title 10, United States Code, as amended by subsection (a), shall be submitted not later than October 31, 1997. Until the report required for the third quarter of 1998 is submitted, the Secretary of Defense may omit the information required by subsection (d) of such section if the Secretary determines that it is impracticable to comply with such subsection with regard to the preceding reports. .............. SEC. 314. PROHIBITION OF IMPLEMENTATION OF TIERED READINESS SYSTEM. (a) Prohibition.--The Secretary of a military department may not implement, or be required to implement, a readiness system for units of the Armed Forces under the jurisdiction of that Secretary under which a military unit would be categorized into one of several categories (or ``tiers'') according to the likelihood that the unit will be required to respond to a military conflict and the time in which the unit will be required to respond, if that system would have the effect of changing the methods used as of October 1, 1996, by the Armed Forces under the jurisdiction of that Secretary for determining the priorities for allocating to such military units funding, personnel, equipment, equipment maintenance, and training resources, and the associated levels of readiness of those units that result from those priorities. (b) Report to Congress Requesting Waiver.--If the Secretary of Defense determines that implementation, for one or more of the Armed Forces, of a tiered readiness system that is otherwise prohibited by subsection (a) would be in the national security interests of the United States, 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 report setting forth that determination of the Secretary, together with the rationale for that determination, and a request for the enactment of legislation to allow implementation of such a system. SEC. 315. REPORTS ON TRANSFERS FROM HIGH-PRIORITY READINESS APPROPRIATIONS. (a) Annual and Quarterly Reports Required.--Chapter 23 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 483. Reports on transfers from high-priority readiness appropriations ``(a) Annual Reports.--Not later than the date on which the President submits the budget for a fiscal year to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives a report on transfers during the preceding fiscal year from funds available for each covered budget activity. ``(b) Quarterly Reports.--Not later than 30 days after the end of each quarter of a fiscal year, the Secretary of Defense shall submit to the congressional committees specified in subsection (a) a report on transfers, during that fiscal year quarter, from funds available for each covered budget activity. ``(c) Matters To Be Included.--In each report under subsection (a) or (b), the Secretary of Defense shall include for each covered budget activity the following: ``(1) A statement, for the period covered by the report, of-- ``(A) the total amount of transfers into funds available for that activity; ``(B) the total amount of transfers from funds available for that activity; and ``(C) the net amount of transfers into, or out of, funds available for that activity. ``(2) A detailed explanation of the transfers into, and out of, funds available for that activity during the period covered by the report. ``(d) Covered Budget Activity Defined.--In this section, the term `covered budget activity' means each of the following: ``(1) The budget activity groups (known as `subactivities') within the Operating Forces budget activity of the annual Operation and Maintenance, Army, appropriation that are designated as follows: ``(A) All subactivities under the category of Land Forces. ``(B) Land Forces Depot Maintenance. ``(C) Base Support. ``(D) Maintenance of Real Property. ``(2) The Air Operations budget activity groups (known as `subactivities') within the Operating Forces budget activity of the annual Operation and Maintenance, Navy, appropriation that are designated as follows: ``(A) Mission and Other Flight Operations. ``(B) Fleet Air Training. ``(C) Aircraft Depot Maintenance. ``(D) Base Support. ``(E) Maintenance of Real Property. ``(3) The Ship Operations budget activity groups (known as `subactivities') within the Operating Forces budget activity of the annual Operation and Maintenance, Navy, appropriation that are designated as follows: ``(A) Mission and Other Ship Operations. ``(B) Ship Operational Support and Training. ``(C) Ship Depot Maintenance. ``(D) Base Support. ``(E) Maintenance of Real Property. ``(4) The Expeditionary Forces budget activity groups (known as `subactivities') within the Operating Forces budget activity of the annual Operation and Maintenance, Marine Corps, appropriation that are designated as follows: ``(A) Operational Forces. ``(B) Depot Maintenance. ``(C) Base Support. ``(D) Maintenance of Real Property. ``(5) The Air Operations and Combat Related Operations budget activity groups (known as `subactivities') within the Operating Forces budget activity of the annual Operation and Maintenance, Air Force, appropriation that are designated as follows: ``(A) Primary Combat Forces. ``(B) Primary Combat Weapons. ``(C) Air Operations Training. ``(D) Depot Maintenance. ``(E) Base Support. ``(F) Maintenance of Real Property. ``(6) The Mobility Operations budget activity group (known as a `subactivity') within the Mobilization budget activity of the annual Operation and Maintenance, Air Force, appropriation that is designated as Airlift Operations. ``(e) Termination.--The requirements specified in subsections (a) and (b) shall terminate upon the submission of the annual report under subsection (a) covering fiscal year 2000.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``483. Reports on transfers from high-priority readiness appropriations.''. ............. SEC. 317. QUARTERLY REPORTS ON EXECUTION OF OPERATION AND MAINTENANCE APPROPRIATIONS. (a) Report Required.--Chapter 23 of title 10, United States Code, is amended by inserting after section 483, as added by section 315, the following new section: ``Sec. 484. Quarterly reports on execution of operation and maintenance appropriations ``(a) Report Required.--Not later than 60 days after the end of each quarter of a fiscal year, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives a report containing budget execution data for each budget activity group (known as a `subactivity') within the annual operation and maintenance appropriations for the period covered by the report. A report shall cover all preceding quarters of the fiscal year involved. ``(b) Manner of Presenting Data.--The budget execution data required under subsection (a) shall be displayed for the fiscal year involved in the same manner used in the operation and maintenance tables contained in the budget justification document entitled `O-1 Exhibit' submitted to Congress in support of the budget of the Department of Defense, as included in the budget of the President submitted under section 1105 of title 31. ``(c) Required Information.--The following information shall be provided for each budget activity group: ``(1) Amounts authorized to be appropriated. ``(2) Amounts appropriated. ``(3) Direct obligations. ``(4) Total obligational authority. ``(5) Amounts related to unbudgeted contingency operations. ``(6) Direct obligations related to unbudgeted contingency operations.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 483, as added by section 315, the following new item: ``484. Quarterly reports on execution of operation and maintenance appropriations.''. ................... Subtitle D--Depot-Level Activities SEC. 331. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND SERVICES. Section 1425(e) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by striking out ``September 30, 1997'' and inserting in lieu thereof ``September 30, 1999''. SEC. 332. EXCLUSION OF CERTAIN LARGE MAINTENANCE AND REPAIR PROJECTS FROM PERCENTAGE LIMITATION ON CONTRACTING FOR DEPOT-LEVEL MAINTENANCE. Section 2466 of title 10, United States Code, is amended by inserting after subsection (a) the following new subsection: ``(b) Treatment of Certain Large Projects.--If a maintenance or repair project concerning an aircraft carrier or submarine that is contracted for performance by non-Federal Government personnel and that accounts for five percent or more of the funds made available in a fiscal year to a military department or a Defense Agency for depot- level maintenance and repair workload, the project and the funds necessary for the project shall not be considered when applying the percentage limitation specified in subsection (a) to that military department or Defense Agency.''. SEC. 333. RESTRICTIONS ON CONTRACTS FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR AT CERTAIN FACILITIES. (a) Depot-Level Maintenance and Repair Defined.--(1) Chapter 146 of title 10, United States Code, is amended by inserting before section 2461 the following new section: ``Sec. 2460. Definition of depot-level maintenance and repair ``(a) In General.--In this chapter, the term `depot-level maintenance and repair' means material maintenance or repair requiring the overhaul, upgrading, or rebuilding of parts, assemblies, or subassemblies, and the testing and reclamation of equipment as necessary, regardless of the source of funds for the maintenance or repair. The term includes all aspects of software maintenance and such portions of interim contractor support, contractor logistics support, or any similar contractor support for the performance of services that are described in the preceding sentence. ``(b) Exception.--The term does not include the procurement of a major weapon system modification or upgrade, except where the changes to the system are primarily for safety reasons, to correct a deficiency, or to improve program performance.''. (2) The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2461 the following new item: ``2460. Definition of depot-level maintenance and repair.''. (b) Restriction on Certain Contracts.--Section 2469 of title 10, United States Code, is amended-- (1) in subsections (a) and (b), by striking out ``or repair'' and inserting in lieu thereof ``and repair''; and (2) by adding at the end the following new subsection: ``(d) Restriction on Contracts at Certain Facilities.-- ``(1) Restriction.--The Secretary of Defense may not enter into any contract for the performance of depot-level maintenance and repair of weapon systems or other military equipment of the Department of Defense, or for the performance of management functions related to depot-level maintenance and repair of such systems or equipment, at any military installation where a depot-level maintenance and repair facility was approved in 1995 for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). In the preceding sentence, the term `military installation' includes a former military installation closed under the Act that was a military installation when it was approved for closure under the Act. ``(2) Exception.--Paragraph (1) shall not apply with respect to an installation or former installation described in such paragraph if the Secretary of Defense certifies to Congress, not later than 45 days before entering into a contract for depot-level maintenance and repair at the installation or former installation, that-- ``(A) not less than 80 percent of the capacity at each of the depot-level maintenance and repair activities of the military department concerned is being utilized on an ongoing basis to perform industrial operations in support of the depot-level maintenance and repair of weapon systems and other military equipment of the Department of Defense; ``(B) the Secretary has determined, on the basis of a detailed analysis (which the Secretary shall submit to Congress with the certification), that the total amount of the costs of the proposed contract to the Government, both recurring and nonrecurring and including any costs associated with planning for and executing the proposed contract, would be less than the costs that would otherwise be incurred if the depot- level maintenance and repair to be performed under the contract were performed using equipment and facilities of the Department of Defense; ``(C) all of the information upon which the Secretary determined that the total costs to the Government would be less under the contract is available for examination; and ``(D) none of the depot-level maintenance and repair to be performed under the contract was considered, before July 1, 1995, to be a core logistics capability of the military department concerned pursuant to section 2464 of this title. ``(3) Capacity of depot-level activities.--For purposes of paragraph (2)(A), the capacity of depot-level maintenance and repair activities shall be considered to be the same as the maximum potential capacity identified by the Defense Base Closure and Realignment Commission for purposes of the selection in 1995 of military installations for closure or realignment under the Defense Base Closure and Realignment Act of 1990, without regard, after 1995, to any limitation on the maximum number of Federal employees (expressed as full time equivalent employees or otherwise), Federal employment levels, or the actual availability of equipment to support depot-level maintenance and repair. ``(4) GAO review.--At the same time that the Secretary submits the certification and analysis to Congress under paragraph (2), the Secretary shall submit a copy of the certification and analysis to the Comptroller General. The Comptroller General shall review the analysis and the information referred to in subparagraph (C) of paragraph (2) and, not later than 30 days after Congress receives the certification, submit to Congress a report containing a statement regarding whether the Comptroller General concurs with the determination of the Secretary included in the certification pursuant to subparagraph (B) of that paragraph. ``(5) Application.--This subsection shall apply with respect to any contract described in paragraph (1) that is entered into, or proposed to be entered into, after January 1, 1997.''. SEC. 334. CORE LOGISTICS FUNCTIONS OF DEPARTMENT OF DEFENSE. Section 2464(a) of title 10, United States Code, is amended-- (1) in paragraph (1), by striking out ``a logistics capability (including personnel, equipment, and facilities)'' and inserting in lieu thereof ``a core logistics capability that is Government-owned and Government-operated (including Government personnel and Government-owned and Government- operated equipment and facilities)''; (2) in paragraph (2), by striking out ``the logistics'' and inserting in lieu thereof ``the core logistics''; and (3) by adding at the end the following new paragraphs: ``(3) Those core logistics activities identified under paragraphs (1) and (2) shall include the capability, facilities, and equipment to maintain and repair all types of weapon systems and other military equipment that are identified by the Secretary, in consultation with the Joint Chiefs of Staff, as necessary to enable the armed forces to fulfill the national military strategy, including the capability and capacity to maintain and repair any new mission-essential weapon system or materiel within four years after the system or materiel achieves initial operational capability. ``(4) The Secretary of Defense shall require the performance of core logistics activities identified under paragraphs (1), (2), and (3) at Government-owned, Government-operated facilities of the Department of Defense (including Government-owned, Government-operated facilities of a military department) and shall assign such facilities sufficient workload to ensure cost efficiency and technical proficiency in peacetime while preserving the surge capacity and reconstitution capabilities necessary to meet the military contingencies provided for in the national military strategy.''. ................. SEC. 372. CONTINUATION OF OPERATION MONGOOSE. Section 135 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(f) The Under Secretary of Defense (Comptroller) shall be responsible for investigating evidence of fraud, waste, and abuse uncovered as a result of the Department of Defense program (known as Operation Mongoose) established to identify and prevent fraud, waste, and abuse within the Department of Defense, particularly fraud, waste, and abuse regarding finance and accounting matters. The program shall continue through fiscal year 2003.''. SEC. 373. INCLUSION OF AIR FORCE DEPOT MAINTENANCE AS OPERATION AND MAINTENANCE BUDGET ACTIVITY GROUP. For fiscal year 1999 and each fiscal year thereafter, Air Force depot-level maintenance of materiel shall be displayed as one or more budget activity groups (known as ``subactivities'') within the authorization request for Operation and Maintenance, Air Force, in the proposed budget for that fiscal year submitted to Congress pursuant to section 1105 of title 31, United States Code. ................... SEC. 375. PROHIBITION ON USE OF SPECIAL OPERATIONS COMMAND BUDGET FOR BASE OPERATION SUPPORT. Section 167(f) of title 10, United States Code, is amended (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' before ``In addition''; and (3) by adding at the end the following new paragraph: ``(2) Funds provided for the special operations command as part of the budget for the special operations command under paragraph (1) may not be used to cover base operation support expenses incurred at a military installation.''. .................. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT ........... SEC. 904. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS. (a) Findings.--The Congress finds the following: (1) The strategic relationship between the United States and the People's Republic of China will be very important for future peace and security, not only in the Asia-Pacific region but around the world. (2) The United States does not view China as an enemy, nor consider that the coming century necessarily will see a new great power competition between the two nations. (3) The end of the Cold War has eliminated what had been the one fundamental common strategic interest of the United States and China, that of containing the Soviet Union. (4) The rapid economic rise and stated geopolitical ambitions of China will pose challenges that will require careful management in order to preserve peace and protect the national security interests of the United States. (5) The ability of the Department of Defense, and the United States Government more generally, to develop sound security and military strategies is hampered by a limited understanding of Chinese strategic goals and military capabilities. The low priority accorded the study of Chinese strategic and military affairs within the Government and within the academic community has contributed to this limited understanding. (6) There is a need for a United States national institute for research and assessment of political, strategic, and military affairs in the People's Republic of China. Such an institute should be capable of providing analysis for the purpose of shaping United States military strategy and policy with regard to China and should be readily accessible to senior leaders within the Department of Defense, but should maintain academic and intellectual independence so that that analysis is not first shaped by policy. (b) Establishment of Center for the Study of Chinese Military Affairs.--(1) Chapter 108 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2165. National Defense University: Center for the Study of Chinese Military Affairs ``(a) Establishment.--(1) The Secretary of Defense shall establish a Center for the Study of Chinese Military Affairs (hereinafter in this section referred to as the `Center') as part of the National Defense University. The Center shall be organized as an independent institute under the University. ``(2) The Director of the Center shall be a distinguished scholar of proven academic, management, and leadership credentials with a superior record of achievement and publication regarding Chinese political, strategic, and military affairs. The Director shall be appointed by the Secretary of Defense in consultation with the chairman and ranking minority party member of the Committee on National Security of the House of Representatives and the chairman and ranking minority party member of the Committee on Armed Services of the Senate. ``(b) Mission.--The mission of the Center is to study the national goals and strategic posture of the People's Republic of China and the ability of that nation to develop, field, and deploy an effective military instrument in support of its national strategic objectives. ``(c) Areas of Study.--The Center shall conduct research relating to the People's Republic of China as follows: ``(1) To assess the potential of that nation to act as a global great power, the Center shall conduct research that considers the policies and capabilities of that nation in a regional and world-wide context, including Central Asia, Southwest Asia, Europe, and Latin America, as well as the Asia- Pacific region. ``(2) To provide a fuller assessment of the areas of study referred to in paragraph (1), the Center shall conduct research on-- ``(A) economic trends relative to strategic goals and military capabilities; ``(B) strengths and weaknesses in the scientific and technological sector; and ``(C) relevant demographic and human resource factors on progress in the military sphere. ``(3) The Center shall conduct research on the armed forces of the People's Republic of China, taking into account the character of those armed forces and their role in Chinese society and economy, the degree of their technological sophistication, and their organizational and doctrinal concepts. That research shall include inquiry into the following matters: ``(A) Concepts concerning national interests, objectives, and strategic culture. ``(B) Grand strategy, military strategy, military operations, and tactics. ``(C) Doctrinal concepts at each of the four levels specified in subparagraph (B). ``(D) The impact of doctrine on China's force structure choices. ``(E) The interaction of doctrine and force structure at each level to create an integrated system of military capabilities through procurement, officer education, training, and practice and other similar factors. ``(d) Faculty of the Center.--(1) The core faculty of the Center should comprise mature scholars capable of providing diverse perspectives on Chinese political, strategic, and military thought. Center scholars shall demonstrate the following competencies and capabilities: ``(A) Analysis of national strategy, military strategy, and doctrine. ``(B) Analysis of force structure and military capabilities. ``(C) Analysis of-- ``(i) issues relating to weapons of mass destruction, military intelligence, defense economics, trade, and international economics; and ``(ii) the relationship between those issues and grand strategy, science and technology, the sociology of human resources and demography, and political science. ``(2) A substantial number of Center scholars shall be competent in the Chinese language. The Center shall include a core of junior scholars capable of providing linguistics and translation support to the Center. ``(e) Activities of the Center.--The activities of the Center shall include other elements appropriate to its mission, including the following: ``(1) The Center should include an active conference program with an international reach. ``(2) The Center should conduct an international competition for a Visiting Fellowship in Chinese Military Affairs and Chinese Security Issues. The term of the fellowship should be for one year, renewable for a second. The visitor should contract to produce a major publication in the visitor's area of expertise. ``(3) The Center shall provide funds to support at least one trip per analyst per year to China and the region and to support visits of Chinese military leaders to the Center. ``(4) The Center shall support well defined, distinguished, signature publications. ``(5) Center scholars shall have appropriate access to intelligence community assessments of Chinese military affairs. ``(f) Studies and Reports.--The Director may contract for studies and reports from the private sector to supplement the work of the Center.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2165. National Defense University: Center for the Study of Chinese Military Affairs.''. (c) Implementation Report.--Not later than January 1, 1998, the Secretary of Defense shall submit to Congress a report stating the timetable and organizational plan for establishing the Center for the Study of Chinese Military Affairs under section 2165 of title 10, United States Code, as added by subsection (b). (d) Startup of Center.--The Secretary shall establish the Center for the Study of Chinese Military Affairs under section 2165 of title 10, United States Code, as added by subsection (b), not later than March 1, 1998, and shall appoint the first Director of the Center not later than June 1, 1998. (e) First Year Funding.--Of the amount available to the Secretary of Defense for fiscal year 1998 for Defense-wide operation and maintenance (other than funds otherwise available for the activities of the National Defense University), the Secretary shall make $5,000,000 available for the Center for the Study of Chinese Military Affairs established under section 2165 of title 10, United States Code, as added by subsection (b). ................. SEC. 907. TERMINATION OF THE DEFENSE AIRBORNE RECONNAISSANCE OFFICE. (a) Termination of Office.--The organization within the Department of Defense known as the Defense Airborne Reconnaissance Office is terminated. No funds available for the Department of Defense may be used for the operation of that Office after the date specified in subsection (d). (b) Transfer of Functions.--(1) Subject to paragraphs (2) and (3), the Secretary of Defense shall transfer to the Defense Intelligence Agency the functions that were performed on the day before the date of the enactment this Act by the Defense Airborne Reconnaissance Office relating to its responsibilities for management oversight and coordination of defense airborne reconnaissance capabilities. (2) The Secretary shall determine which functions are appropriate for transfer under paragraph (1). In making such determination, the Secretary shall ensure that program management, development and acquisition, operations, and related responsibilities for individual programs within the Defense Airborne Reconnaissance program remain within the military departments. (3) Any functions transferred under this subsection shall be subject to the authority, direction, and control of the Secretary. (c) Report.--(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the committees named in paragraph (2) a report containing the Secretary's plan for terminating and transferring the functions of the Defense Airborne Reconnaissance Office. (2) The committees referred to in paragraph (1) are-- (A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence and the Committee on National Security of the House of Representatives. (d) Effective Date.--Subsection (a) shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act. TITLE X--GENERAL PROVISIONS Subtitle A--Financial Matters SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX. (a) Status of Classified Annex.--The Classified Annex prepared by the Committee on National Security of the House of Representatives to accompany the bill H.R. 1119 of the One Hundred Fifth 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 D--Miscellaneous Report Requirements and Repeals .................... Subtitle E--Other Matters .............. SEC. 1055. CERTIFICATION REQUIRED BEFORE OBSERVANCE OF MORATORIUM ON USE BY ARMED FORCES OF ANTIPERSONNEL LANDMINES. Any moratorium imposed by law (whether enacted before, on, or after the date of the enactment of this Act) on the use of antipersonnel landmines by the Armed Forces may be implemented only if (and after) the Secretary of Defense, after consultation with the Chairman of the Joint Chiefs of Staff, certifies to Congress that-- (1) the moratorium will not adversely affect the ability of United States forces to defend against attack on land by hostile forces; and (2) the Armed Forces have systems that are effective substitutes for antipersonnel landmines. ................ TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION SEC. 1101. 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) of section 406 of title 10, United States Code, as added by section 1110. (b) Fiscal Year 1998 Cooperative Threat Reduction Funds Defined.-- As used in this title, the term ``fiscal year 1998 Cooperative Threat Reduction funds'' means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs. SEC. 1102. FISCAL YEAR 1998 FUNDING ALLOCATIONS. (a) In General.--Of the fiscal year 1998 Cooperative Threat Reduction funds, not more than the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination in Russia, $77,900,000. (2) For strategic nuclear arms elimination in Ukraine, $76,700,000. (3) For fissile material containers in Russia, $7,000,000. (4) For planning and design of a chemical weapons destruction facility in Russia, $14,400,000. (5) For planning, design, and construction of a storage facility for Russian fissile material, $57,700,000. (6) For weapons storage security in Russia, $23,500,000. (7) For activities designated as Defense and Military-to- Military Contacts in Russia, Ukraine, and Kazakhstan, $7,000,000. (8) For military-to-military programs of the United States that focus on countering the threat of proliferation of weapons of mass destruction and that include the security forces of the independent states of the former Soviet Union other than Russia, Ukraine, Belarus, and Kazakstan, $2,000,000. (9) For activities designated as Other Assessments/ Administrative Support $18,500,000. (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 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. 1103. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES. (a) In General.--No fiscal year 1998 Cooperative Threat Reduction funds, and no funds appropriated for Cooperative Threat Reduction 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 pursuant to this Act or any other Act may be obligated or expended for the provision of assistance to Russia or any other state of the former Soviet Union to promote defense conversion. SEC. 1104. PROHIBITION ON USE OF FUNDS UNTIL SPECIFIED REPORTS ARE SUBMITTED. No fiscal year 1998 Cooperative Threat Reduction funds may be obligated or expended until 15 days after the date that 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 during the period beginning on September 23, 1996, and ending on the date of the enactment of this Act. (2) The date on which the Secretary of Defense submits to Congress the annual report required to be submitted not later than January 31, 1998, under section 1206(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104- 106; 110 Stat. 471; 22 U.S.C. 5955 note). (3) The date on which the Secretary of Defense submits to Congress the report for fiscal year 1997 required under section 1205(c) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2883; 22 U.S.C. 5952 note). SEC. 1105. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF CERTIFICATION. (a) Limitation on Use of Funds Until Submission of Certification.-- No fiscal year 1998 Cooperative Threat Reduction funds may be obligated or expended for strategic offensive arms elimination projects in Russia related to the START II Treaty (as defined in section 1302(d) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2701)) until 30 days after the date on which the President submits to Congress a certification in writing that-- (1) implementation of the projects would benefit the national security interest of the United States; and (2) Russia has agreed to share the cost for the projects. (b) Report.--Not later than 15 days after the date that the President submits to Congress the certification under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report describing the arrangement between the United States and Russia with respect to the sharing of costs for strategic offensive arms elimination projects in Russia related to the START II Treaty. SEC. 1106. USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION FACILITY. (a) Limitation on Use of Funds Until Submission of Notifications to Congress.--No fiscal year 1998 Cooperative Threat Reduction funds may be obligated or expended for planning and design of a chemical weapons destruction facility until 15 days after the date that is the later of the following: (1) The date on which the Secretary of Defense submits to Congress notification of an agreement between the United States and Russia with respect to such chemical weapons destruction facility that includes-- (A) an agreement providing for a limitation on the financial contribution by the United States for the facility; (B) an agreement that the United States will not pay the costs for infrastructure determined by Russia to be necessary to support the facility; and (C) an agreement on the site of the facility. (2) The date on which the Secretary of Defense submits to Congress notification that the Government of Russia has formally approved a plan-- (A) that allows for the destruction of chemical weapons in Russia; and (B) that commits Russia to pay a portion of the cost for the facility. (b) Prohibition on Use of Funds for Facility Construction.--No fiscal year 1998 Cooperative Threat Reduction funds authorized to be obligated in section 1102(a)(4) for planning and design of a chemical weapons destruction facility in Russia may be used for construction of such facility. SEC. 1107. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY FOR RUSSIAN FISSILE MATERIAL. (a) Limitation on Use of Fiscal Year 1998 Funds.--No fiscal year 1998 Cooperative Threat Reduction funds may be obligated or expended for planning, design, or construction of a storage facility for Russian fissile material until 15 days after the date that is the later of the following: (1) The date on which the Secretary of Defense submits to Congress notification of an agreement between the United States and Russia that the total share of the cost to the United States for such facility will not exceed $275,000,000. (2) The date on which the Secretary submits to Congress notification of an agreement between the United States and Russia incorporating the principle of transparency with respect to the use of the facility. (b) Limitation on Use of Funds for Fiscal Years Before Fiscal Year 1998.--None of the funds appropriated for Cooperative Threat Reduction programs for a fiscal year before fiscal year 1998 and remaining available for obligation on the date of the enactment of this Act may be obligated or expended for planning, design, or construction of a storage facility for Russian fissile material until-- (1) the Secretary of Defense submits to the congressional defense committees a report on the costs and schedule for the planning, design, and construction of the facility and transparency issues relating to the facility; and (2) 15 days have elapsed following the date of the notification. SEC. 1108. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE SECURITY. No fiscal year 1998 Cooperative Threat Reduction funds may be obligated or expended for weapons storage security in Russia until-- (1) the Secretary of Defense submits to the congressional defense committees notification of an agreement between the United States and Russia on audits and examinations with respect to weapons storage security; and (2) 15 days have elapsed following the date of the notification. SEC. 1109. REPORT TO CONGRESS ON ISSUES REGARDING PAYMENT OF TAXES OR DUTIES ON ASSISTANCE PROVIDED TO RUSSIA UNDER COOPERATIVE THREAT REDUCTION PROGRAMS. Not later than September 30, 1997, the Secretary of Defense shall submit to Congress a report on-- (1) any disputes between the United States and Russia with respect to payment by the United States of taxes or duties on assistance provided to Russia under a Cooperative Threat Reduction program, including a description of the nature of each dispute, the amount of payment disputed, whether the dispute was resolved, and if the dispute was resolved, the means by which the dispute was resolved; (2) the actions taken by the Secretary to prevent disputes between the United States and Russia with respect to payment by the United States of taxes or duties on assistance provided to Russia under a Cooperative Threat Reduction program; (3) any agreements between the United States and Russia with respect to payment by the United States of taxes or duties on assistance provided to Russia under a Cooperative Threat Reduction program; and (4) any proposals of the Secretary on actions that should be taken to prevent disputes between the United States and Russia with respect to payment by the United States of taxes or duties on assistance provided to Russia under a Cooperative Threat Reduction program. SEC. 1110. LIMITATION ON OBLIGATION OF FUNDS FOR A SPECIFIED PERIOD. (a) In General.--(1) Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 406. Use of Cooperative Threat Reduction program funds: limitation ``(a) In General.--In carrying out Cooperative Threat Reduction programs during any fiscal year, the Secretary of Defense may use funds appropriated for those programs only to the extent that those funds were appropriated for that fiscal year or for either of the two preceding fiscal years. ``(b) Definition of Cooperative Threat Reduction Programs.--In this section, the term `Cooperative Threat Reduction programs' means the following programs with respect to states of the former Soviet Union: ``(1) Programs to facilitate the elimination, and the safe and secure transportation and storage, of nuclear, chemical, and other weapons and their delivery vehicles. ``(2) Programs to facilitate the safe and secure storage of fissile materials derived from the elimination of nuclear weapons. ``(3) Programs to prevent the proliferation of weapons, components, and weapons-related technology and expertise. ``(4) Programs to expand military-to-military and defense contacts.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``406. Use of Cooperative Threat Reduction program funds: limitation.''. (b) Effective Date.--Section 406 of title 10, United States Code, as added by subsection (a), shall apply with respect to fiscal years beginning with fiscal year 1998. SEC. 1111. 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 XII--MATTERS RELATING TO OTHER NATIONS ....... SEC. 1202. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION AUTHORITIES. 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 1996,'' and by inserting ``, or $15,000,000 for fiscal year 1998'' before the period at the end; and (2) in subsection (f), by striking out ``1997'' and inserting in lieu thereof ``1998''. SEC. 1203. REPORT ON FUTURE MILITARY CAPABILITIES AND STRATEGY OF THE 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 the probable course of military-technological development in the People's Liberation Army and the development of Chinese grand strategy, security strategy, and military strategy, and of military organizations and operational concepts, through 2015. (b) Matters To Be Included.--The report shall include analyses and forecasts of the following: (1) The goals of Chinese grand strategy, security strategy, and military strategy. (2) Trends in Chinese political grand strategy meant to establish the People's Republic of China as the leading political power in the Asia-Pacific region and as a political and military presence in other regions of the world, including Central Asia, Southwest Asia, Europe, and Latin America. (3) Developments in Chinese military doctrine, focusing on (but not limited to) efforts to exploit the emerging Revolution in Military Affairs or to conduct preemptive strikes. (4) Efforts by the People's Republic of China to develop long-range air-to-air or air defense missiles designed to target special support aircraft such as Airborne Warning and Control System (AWACS) aircraft, Joint Surveillance and Target Attack Radar System (JSTARS) aircraft, or other command and control, intelligence, airborne early warning, or electronic warfare aircraft. (5) Efforts by the People's Republic of China to develop a capability to conduct ``information warfare'' at the strategic, operational, and tactical levels of war. (6) Efforts by the People's Republic of China to develop a capability to establish control of space or to deny access and use of military and commercial space systems in times of crisis or war, including programs to place weapons in space or to develop earth-based weapons capable of attacking space-based systems. (7) Trends that would lead the People's Republic of China toward the development of advanced intelligence, surveillance, and reconnaissance capabilities, including gaining access to commercial or third-party systems with military significance. (8) Efforts by the People's Republic of China to develop highly accurate and stealthy ballistic and cruise missiles, including sea-launched cruise missiles, particularly in numbers sufficient to conduct attacks capable of overwhelming projected defense capabilities in the Asia-Pacific region. (9) Development by the People's Republic of China of command and control networks, particularly those capable of battle management of long-range precision strikes. (10) Programs of the People's Republic of China involving unmanned aerial vehicles, particularly those with extended ranges or loitering times or potential strike capabilities. (11) Exploitation by the People's Republic of China for military purposes of the Global Positioning System or other similar systems (including commercial land surveillance satellites), with such analysis and forecasts focusing particularly on those signs indicative of an attempt to increase accuracy of weapons or situational awareness of operating forces. (12) Development by the People's Republic of China of capabilities for denial of sea control, including such systems as advanced sea mines, improved submarine capabilities, or land-based sea-denial systems. (13) Continued development by the People's Republic of China of follow-on forces, particularly forces capable of rapid air or amphibious assault. (c) Submission of Report.--The report shall be submitted to Congress not later than March 15, 1998. ............... DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS SEC. 2001. SHORT TITLE. This division may be cited as the ``Military Construction Authorization Act for Fiscal Year 1998''. TITLE XXI--ARMY 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), 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 ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ ............... CONUS Classified............... Classified Location.... $6,500,000 --------------- Total............ $614,900,000 ------------------------------------------------------------------------ (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 Amount ------------------------------------------------------------------------ ......... Overseas Classified............ Overseas Classified.... $37,000,000 --------------- Total............ $156,100,000 ------------------------------------------------------------------------ ............. SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. (a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1997, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,055,364,000 as follows: .......... (6) For the construction of the National Range Control Center, White Sands Missile Range, New Mexico, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2763), $18,000,000. ................ TITLE XXIII--AIR FORCE 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 ------------------------------------------------------------------------ .............. Alaska......................... Clear Air Station...... $67,069,000 .............. California..................... Edwards Air Force Base. $2,887,000 Vandenberg Air Force $26,876,000 Base. Colorado....................... Buckley Air National $6,718,000 Guard Base. Falcon Air Force $10,551,000 Station. Peterson Air Force Base $4,081,000 United States Air Force $15,229,000 Academy. ............. CONUS Classified............... Classified Location.... $6,175,000 --------------- Total............ $511,520,000 ------------------------------------------------------------------------ (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 Location.... $31,100,000 --------------- Total............ $102,445,000 ------------------------------------------------------------------------ ............. TITLE XXIV--DEFENSE AGENCIES SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States. ------------------------------------------------------------------------ Installation or Agency Location Amount ------------------------------------------------------------------------ ............. Defense Intelligence Agency.... Bolling Air Force Base, District of Columbia.. $7,000,000 Redstone Arsenal, $32,700,000 Alabama. ............. National Security Agency....... Fort Meade, Maryland... $29,800,000 Special Operations Command..... Eglin Auxiliary Field $6,100,000 3, Florida. Fort Benning, Georgia.. $12,314,000 Fort Bragg, North $1,500,000 Carolina. Hurlburt Field, Florida $2,450,000 Naval Amphibious Base, Coronado, California.. $7,400,000 --------------- Total............ $389,440,000 ------------------------------------------------------------------------ (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(2), the Secretary of Defense 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: Defense Agencies: Outside the United States. ------------------------------------------------------------------------ Installation or Agency Location Amount ------------------------------------------------------------------------ Ballistic Missile Defense Pacific Missile Range, Organization. Kwajalein Atoll....... $4,565,000 Defense Logistics Agency....... Defense Fuel Support Point, Guam........... $16,000,000 Moron Air Base, Spain.. $14,400,000 Defense Medical Facilities Office........................ Andersen Air Force Base, Guam............ $3,700,000 --------------- Total.............. $38,665,000 ------------------------------------------------------------------------ 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. (a) Stockpile Stewardship.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for stockpile stewardship in carrying out weapons activities necessary for national security programs in the amount of $1,733,400,000, to be allocated as follows: (1) For core stockpile stewardship, $1,257,100,000, to be allocated as follows: (A) For operation and maintenance, $1,158,290,000. (B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto), $98,810,000, to be allocated as follows: Project 97-D-102, dual-axis radiographic hydrotest facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $46,300,000. Project 96-D-102, stockpile stewardship facilities revitalization, Phase VI, various locations, $19,810,000. Project 96-D-103, ATLAS, Los Alamos National Laboratory, Los Alamos, New Mexico, $13,400,000. Project 96-D-105, contained firing facility addition, Lawrence Livermore National Laboratory, Livermore, California, $19,300,000. (2) For inertial fusion, $414,800,000, to be allocated as follows: (A) For operation and maintenance, $217,000,000. (B) For the following plant project (including maintenance, restoration, planning, construction, acquisition, and modification of facilities, and land acquisition related thereto), $197,800,000, to be allocated as follows: Project 96-D-111, national ignition facility, location to be determined, $197,800,000. (3) For technology transfer and education, $61,500,000, to be allocated as follows: (A) For technology transfer, $52,500,000. (B) For education, $9,000,000. (b) Stockpile Management.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for stockpile management in carrying out weapons activities necessary for national security programs in the amount of $2,024,150,000, to be allocated as follows: (1) For operation and maintenance, $1,868,265,000. (2) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto), $155,885,000, to be allocated as follows: Project 98-D-123, stockpile management restructuring initiative, tritium factory modernization and consolidation, Savannah River Site, Aiken, South Carolina, $11,000,000. Project 98-D-124, stockpile management restructuring initiative, Y-12 Plant consolidation, Oak Ridge, Tennessee, $6,450,000. Project 98-D-125, tritium extraction facility, Savannah River Site, Aiken, South Carolina, $9,650,000. Project 98-D-126, accelerator production of tritium, various locations, $67,865,000. Project 97-D-122, nuclear materials storage facility renovation, Los Alamos National Laboratory, Los Alamos, New Mexico, $9,200,000. Project 97-D-124, steam plant wastewater treatment facility upgrade, Y-12 Plant, Oak Ridge, Tennessee, $1,900,000. Project 96-D-122, sewage treatment quality upgrade (STQU), Pantex Plant, Amarillo, Texas, $6,900,000. Project 96-D-123, retrofit heating, ventilation, and air conditioning and chillers for ozone protection, Y-12 Plant, Oak Ridge, Tennessee, $2,700,000. Project 95-D-122, sanitary sewer upgrade, Y-12 Plant, Oak Ridge, Tennessee, $12,600,000. Project 94-D-124, hydrogen fluoride supply system, Y-12 Plant, Oak Ridge, Tennessee, $1,400,000. Project 94-D-125, upgrade life safety, Kansas City Plant, Kansas City, Missouri, $2,000,000. Project 93-D-122, life safety upgrades, Y-12 Plant, Oak Ridge, Tennessee, $2,100,000. Project 92-D-126, replace emergency notification system, various locations, $3,200,000. Project 88-D-122, facilities capability assurance program, various locations, $18,920,000. (c) Program Direction.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for program direction in carrying out weapons activities necessary for national security programs in the amount of $208,500,000. SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT. (a) Environmental Restoration.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for environmental restoration in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $1,000,973,000, of which $388,000,000 shall be allocated to the uranium enrichment decontamination and decommissioning fund. (b) Closure Projects.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for closure projects carried out in accordance with section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2836; 42 U.S.C. 7274n) in the amount of $905,800,000. (c) Waste Management.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for waste management in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $1,536,344,000, to be allocated as follows: (1) For operation and maintenance, $1,455,576,000. (2) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto), $80,768,000, to be allocated as follows: Project 98-D-401, H-tank farm storm water systems upgrade, Savannah River Site, Aiken, South Carolina, $1,000,000. Project 97-D-402, tank farm restoration and safe operations, Richland, Washington, $13,961,000. Project 96-D-408, waste management upgrades, various locations, $8,200,000. Project 95-D-402, install permanent electrical service, Waste Isolation Pilot Plant, Carlsbad, New Mexico, $176,000. Project 95-D-405, industrial landfill V and construction/demolition landfill VII, Y-12 Plant, Oak Ridge, Tennessee, $3,800,000. Project 95-D-407, 219-S secondary containment upgrade, Richland, Washington, $2,500,000. Project 94-D-404, Melton Valley storage tank capacity increase, Oak Ridge National Laboratory, Oak Ridge, Tennessee, $1,219,000. Project 94-D-407, initial tank retrieval systems, Richland, Washington, $15,100,000. Project 93-D-187, high-level waste removal from filled waste tanks, Savannah River Site, Aiken, South Carolina, $17,520,000. Project 92-D-172, hazardous waste treatment and processing facility, Pantex Plant, Amarillo, Texas, $5,000,000. Project 89-D-174, replacement high-level waste evaporator, Savannah River Site, Aiken, South Carolina, $1,042,000. Project 86-D-103, decontamination and waste treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $11,250,000. (d) Technology Development.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for technology development in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $182,881,000. (e) Nuclear Materials and Facilities Stabilization.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for nuclear materials and facilities stabilization in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $1,244,021,000, to be allocated as follows: (1) For operation and maintenance, $1,159,114,000. (2) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto), $84,907,000, to be allocated as follows: Project 98-D-453, plutonium stabilization and handling system for plutonium finishing plant, Richland, Washington, $8,136,000. Project 98-D-700, road rehabilitation, Idaho National Engineering Laboratory, Idaho, $500,000. Project 97-D-450, Actinide packaging and storage facility, Savannah River Site, Aiken, South Carolina, $18,000,000. Project 97-D-451, B-Plant safety class ventilation upgrades, Richland, Washington, $2,000,000. Project 97-D-470, environmental monitoring laboratory, Savannah River Site, Aiken, South Carolina, $5,600,000. Project 97-D-473, health physics site support facility, Savannah River Site, Aiken, South Carolina, $4,200,000. Project 96-D-406, spent nuclear fuels canister storage and stabilization facility, Richland, Washington, $16,744,000. Project 96-D-461, electrical distribution upgrade, Idaho National Engineering Laboratory, Idaho, $2,927,000. Project 96-D-464, electrical and utility systems upgrade, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho, $14,985,000. Project 96-D-471, chlorofluorocarbon heating, ventilation, and air conditioning and chiller retrofit, Savannah River Site, Aiken, South Carolina, $8,500,000. Project 95-D-155, upgrade site road infrastructure, Savannah River Site, South Carolina, $2,713,000. Project 95-D-456, security facilities consolidation, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho, $602,000. (f) Program Direction.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for program direction in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $288,251,000. (g) Policy and Management.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for policy and management in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $20,000,000. (h) Environmental Science Program.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for the environmental science program in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $55,000,000. (i) Hanford Tank Waste Vitrification.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for the Hanford Tank Waste Vitrification project, subject to the provisions of section 3145, in the amount of $70,000,000. (j) Adjustment.--The total amount authorized to be appropriated pursuant to this section is the sum of the amounts authorized to be appropriated in subsections (a) through (h) reduced by the sum of $20,000,000, to be derived from non-safety-related contractor training expenses. SEC. 3103. OTHER DEFENSE ACTIVITIES. Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for other defense activities in carrying out programs necessary for national security in the amount of $1,512,551,000, to be allocated as follows: (1) For verification and control technology, $428,600,000, to be allocated as follows: (A) For nonproliferation and verification research and development, $190,000,000. (B) For arms control, $205,000,000. (C) For intelligence, $33,600,000. (2) For nuclear safeguards and security, $47,200,000. (3) For security investigations, $25,000,000. (4) For emergency management, $17,000,000. (5) For program direction, $68,900,000. (6) For worker and community transition assistance, $22,000,000, to be allocated as follows: (A) For worker and community transition, $20,000,000. (B) For program direction, $2,000,000. (7) For fissile materials control and disposition, $103,451,000, to be allocated as follows: (A) For operation and maintenance, $99,451,000. (B) For program direction, $4,000,000. (8) For environment, safety, and health, defense, $73,000,000, to be allocated as follows: (A) For the Office of Environment, Safety, and Health (Defense), $63,000,000. (B) For program direction, $10,000,000. (9) For the Office of Hearings and Appeals, $1,900,000. (10) For nuclear energy, $47,000,000, to be allocated as follows: (A) For nuclear technology research and development (electrometallurgical), $12,000,000. (B) For international nuclear safety (Soviet- designed reactors), $25,000,000. (C) For Russian plutonium reactor core conversion, $10,000,000. (11) For naval reactors development, $678,500,000, to be allocated as follows: (A) For operation and maintenance, $648,920,000. (B) For program direction, $20,080,000. (C) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto), $9,500,000, to be allocated as follows: Project 98-D-200, site laboratory/facility upgrade, various locations, $1,200,000. Project 97-D-201, advanced test reactor secondary coolant refurbishment, Idaho National Engineering Laboratory, Idaho, $4,100,000. Project 95-D-200, laboratory systems and hot cell upgrades, various locations, $1,100,000. Project 90-N-102, expended core facility dry cell project, Naval Reactors Facility, Idaho, $3,100,000. SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1998 for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of $190,000,000. ................. SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY. Subject to the provisions of appropriations Acts and section 3121, amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy. SEC. 3128. AUTHORITY RELATING TO TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS. (a) Transfer Authority for Defense Environmental Management Funds.--The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental management funds from a program or project under the jurisdiction of the office to another such program or project. Any such transfer may be made only once in a fiscal year to or from a program or project, and the amount transferred to or from a program or project may not exceed $5,000,000 in a fiscal year. (b) Determination.--A transfer may not be carried out by a manager of a field office pursuant to the authority provided under subsection (a) unless the manager determines that such transfer is necessary to address a risk to health, safety, or the environment or to assure the most efficient use of defense environmental management funds at that field office. (c) Exemption From Reprogramming Requirements.--The requirements of section 3121 shall not apply to transfers of funds pursuant to subsection (a). (d) Notification.--The Secretary of Energy, acting through the Assistant Secretary of Energy for Environmental Management, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such a transfer occurs. (e) Limitation.--Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress. (f) Definitions.--In this section: (1) The term ``program or project'' means, with respect to a field office of the Department of Energy, any of the following: (A) A project listed in subsection (b) or (e) of section 3102 being carried out by the office. (B) A program referred to in subsection (a), (b), (c), (e), or (g) of section 3102 being carried out by the office. (C) A project or program not described in subparagraph (A) or (B) that is for environmental restoration or waste management activities necessary for national security programs of the Department of Energy, that is being carried out by the office, and for which defense environmental management funds have been authorized and appropriated before the date of the enactment of this Act. (2) The term ``defense environmental management funds'' means funds appropriated to the Department of Energy pursuant to an authorization for carrying out environmental restoration and waste management activities necessary for national security programs. (g) Duration of Authority.--The authority provided under subsection (a) to a manager of a field office shall be in effect for the period beginning on October 1, 1997, and ending on September 30, 1998. Subtitle C--Program Authorizations, Restrictions, and Limitations SEC. 3131. BALLISTIC MISSILE DEFENSE NATIONAL LABORATORY PROGRAM. (a) Program.--The Secretary of Energy shall establish a program for purposes of making available to the Secretary of Defense the expertise of the national laboratories for the ballistic missile defense programs of the Department of Defense. (b) Task Force.--The Secretary of Energy shall conduct the program through a task force consisting of the directors of the Los Alamos National Laboratory, the Sandia National Laboratories, and the Lawrence Livermore National Laboratory. The chairmanship of the task force shall rotate each year among the directors of the laboratories. The director of the Lawrence Livermore National Laboratory shall serve as the first chairman. (c) Activities.--Under the program, the national laboratories shall carry out those activities necessary to respond to requests for assistance from the Secretary of Defense with respect to the ballistic missile defense programs of the Department of Defense. Such activities may include the identification of technical modifications and test techniques, the analysis of physics problems, the consolidation of range and test activities, and the analysis and simulation of theater missile defense deployment problems. (d) Funding.--Of the amounts authorized to be appropriated by section 3101(a)(1), $50,000,000 shall be available only for the program authorized by this section. Subtitle D--Other Matters SEC. 3141. PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE. (a) Plan Requirement.--The Secretary of Energy shall develop and annually update a plan for maintaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, and program direction and shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum. (b) Plan Elements.--The plan and each update of the plan shall set forth the following: (1) The number of warheads (including active and inactive warheads) for each type of warhead in the nuclear weapons stockpile. (2) The current age of each warhead type, and any plans for stockpile lifetime extensions and modifications or replacement of each warhead type. (3) The process by which the Secretary of Energy is assessing the lifetime, and requirements for lifetime extension or replacement, of the nuclear and nonnuclear components of the warheads (including active and inactive warheads) in the nuclear weapons stockpile. (4) The process used in recertifying the safety, security, and reliability of each warhead type in the nuclear weapons stockpile. (5) Any concerns which would affect the ability of the Secretary of Energy to recertify the safety, security, or reliability of warheads in the nuclear weapons stockpile (including active and inactive warheads). (c) Annual Submission of Plan to Congress.--The Secretary of Energy shall submit to Congress the plan developed under subsection (a) not later than March 15, 1998, and shall submit an updated version of the plan not later than March 15 of each year thereafter. The plan shall be submitted in both classified and unclassified form. (d) Repeal of Superseded Requirements.--The following provisions of law are repealed: (1) Subsection (d) of section 3138 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1947; 42 U.S.C. 2121 note). (2) Section 3153 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 624; 42 U.S.C. 2121 note). (3) Section 3159 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 626; 42 U.S.C. 7271b note). (4) Section 3156 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2841; 42 U.S.C. 7271c). .............. SEC. 3143. REVISIONS TO DEFENSE NUCLEAR FACILITIES WORKFORCE RESTRUCTURING PLAN REQUIREMENTS. (a) Repeal of Period for Notification of Changes in Workforce.-- Section 3161(c)(1) of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(1)) is amended-- (1) by inserting ``and'' at the end of subparagraph (A); and (2) by striking out subparagraph (B). (b) Repeal of Requirements for Plan Updates and Submission to Congress.--Subsections (e) and (f) of section 3161 of such Act are repealed. (c) Prohibition on Use of Funds for Local Impact Assistance.--None of the funds authorized to be appropriated to the Department of Energy pursuant to section 3103(6) may be used for local impact assistance from the Department of Energy under section 3161(c)(6) of such Act (42 U.S.C. 7274h(c)(6)). (d) Treatment of Federal Employees.--Section 3161 of such Act, as amended by subsection (b), is further amended by adding at the end the following new subsection: ``(e) Treatment of Federal Employees.--This section does not apply to employees of the Department of Energy.''. (e) Effect on USEC Privatization Act.--Nothing in this section shall be construed as diminishing the obligations of the Secretary of Energy under section 3110(a)(5) of the USEC Privatization Act (Public Law 104-134; 110 Stat. 1321-341; 42 U.S.C. 2297h-8(a)(5)). (f) Termination.--Section 3161 of such Act (42 U.S.C. 7274h) is repealed, effective on September 30, 1999. .............. SEC. 3145. REPORT ON PROPOSED CONTRACT FOR HANFORD TANK WASTE VITRIFICATION PROJECT. (a) Prior Notice to Congressional Defense Committees Before Entering Into Contract.--(1) The Secretary of Energy may not enter into a contract for the Hanford Tank Waste Vitrification project until-- (A) the Secretary submits a report on the proposed contract to the congressional defense committees; and (B) a period of 30 days of continuous session of Congress has expired following the date on which the report is submitted. (2) For purposes of paragraph (1)(B), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such 30-day period. (b) Report.--A report under subsection (a)(1) shall include the following: (A) A description of the activities to be carried out under the contract. (B) A description of the funds expended, and the funds obligated but not expended, as of the date of the report on remediation of Hanford tank waste since 1989. (C) A description of the contractual and financial aspects of the contract, including any provisions relating to the risk of nonperformance and risk assumption by the United States and the contractor or contractors. (D) An analysis of the cost to the United States of the proposed contract, including a detailed analysis of the annual budget authority and outlay requirements for the life of the project. (E) If the proposed contract contemplates construction of two projects, an analysis of the basis for the selection of the two projects, and a detailed analysis of the costs to the United States of two projects compared to the costs to the United States of one project. (F) If the proposed contract provides for financing of the project (or projects) by an entity or entities other than the United States, a detailed analysis of the costs of such financing compared to the costs of financing the project (or projects) by the United States. SEC. 3146. LIMITATION ON CONDUCT OF SUBCRITICAL NUCLEAR WEAPONS TESTS. The Secretary of Energy may not conduct any subcritical nuclear weapons tests using funds available to the Secretary for fiscal year 1998 until 30 days after the Secretary submits to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a detailed report on the manner in which funds available to the Secretary for fiscal years 1996 and 1997 to conduct such tests were used. ............. SEC. 3148. PLAN FOR EXTERNAL OVERSIGHT OF NATIONAL LABORATORIES. (a) Plan Requirement.--The Secretary of Energy, acting through the Assistant Secretary for Defense Programs, shall develop a plan for the external oversight of the national laboratories. (b) Plan Elements.--The plan shall-- (1) provide for the establishment of an external oversight committee comprised of representatives of industry and academia for the purpose of making recommendations to the Secretary of Energy and the congressional defense committees on the productivity of the laboratories and on the excellence, relevance, and appropriateness of the research conducted by the laboratories; and (2) provide for the establishment of a competitive peer review process for funding basic research at the laboratories. (c) Submission to Congress.--The Secretary of Energy shall submit the plan to the congressional defense committees not later than 120 days after the date of the enactment of this Act. (d) National Laboratories Covered.--For purposes of this section, the national laboratories are-- (1) the Lawrence Livermore National Laboratory, Livermore, California; (2) the Los Alamos National Laboratory, Los Alamos, New Mexico; (3) the Sandia National Laboratories, Albuquerque, New Mexico; and (4) the Nevada Test Site. ................ SEC. 3150. STOCKPILE STEWARDSHIP PROGRAM. (a) Findings.--Congress finds the following: (1) Eliminating the threat posed by nuclear weapons to the United States is an important national security goal. (2) As long as nuclear threats remain, the nuclear deterrent of the United States must be effective and reliable. (3) A safe, secure, effective, and reliable United States nuclear stockpile is central to the current nuclear deterrence strategy of the United States. (4) The Secretary of Energy has undertaken a stockpile stewardship and management program to ensure the safety, security, effectiveness, and reliability of the nuclear weapons stockpile of the United States, consistent with all United States treaty requirements and the requirements of the nuclear deterrence strategy of the United States. (5) It is the policy of the current administration that new nuclear weapon designs are not required to effectively implement the nuclear deterrence strategy of the United States. (b) Policy.--It is the policy of the United States that-- (1) activities of the stockpile stewardship program shall be directed toward ensuring that the United States possesses a safe, secure, effective, and reliable nuclear stockpile, consistent with the national security requirements of the United States; and (2) stockpile stewardship activities of the United States shall be conducted in conformity with the terms of the Treaty on the Non-Proliferation of Nuclear Weapons (TIAS 6839) and the Comprehensive Test Ban Treaty signed by the President on September 24, 1996, when and if that treaty enters into force. SEC. 3151. REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN FOREIGN NATIONS. (a) Reports.--The Secretary of Energy shall require that any company that is a participant in the Accelerated Strategic Computing Initiative (ASCI) program of the Department of Energy report to the Secretary and to the Secretary of Defense each sale by that company to a country designated as a Tier III country of a computer capable of operating at a speed in excess of 2,000,000 theoretical operations per second (MTOPS). The report shall include a description of the following with respect to each such sale: (1) The anticipated end-use of the computer sold. (2) The software included with the computer. (3) Any arrangement under the terms of the sale regarding-- (A) upgrading the computer; (B) servicing of the computer; or (C) the furnishing of spare parts for the computer. (b) Covered Countries.--For purposes of this section, the countries designated as Tier III countries are the countries listed as ``computer tier 3'' eligible countries in part 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997 (or any successor list). (c) Quarterly Submission of Reports.--The Secretary of Energy shall require that reports under subsection (a) be submitted quarterly. (d) Annual Report.--The Secretary of Energy shall submit to Congress an annual report containing all information received under subsection (a) during the preceding year. The first annual report shall be submitted not later than July 1, 1998. TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD SEC. 3201. AUTHORIZATION. There are authorized to be appropriated for fiscal year 1998, $17,500,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). SEC. 3202. PLAN FOR TRANSFER OF FACILITIES FROM JURISDICTION OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD TO JURISDICTION OF NUCLEAR REGULATORY COMMISSION. (a) Plan Requirement.--(1) The Defense Nuclear Facilities Safety Board (in this section referred to as the ``Board'') shall develop, in consultation with the Secretary of Energy and the Nuclear Regulatory Commission, a plan for-- (A) increasing the authority of the Nuclear Regulatory Commission to include the regulation of Department of Energy defense nuclear facilities; and (B) decreasing or eliminating the functions of the Board with respect to such facilities under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). (2) The plan shall be submitted to Congress not later than six months after the date of the enactment of this Act. (b) Plan Elements.--The plan shall include the following: (1) A list of facilities as described in subsection (c). (2) A schedule for the orderly transfer of such facilities from the jurisdiction of the Board to the jurisdiction of the Nuclear Regulatory Commission. (3) Recommendations on the order in which the facilities should be transferred, including such recommendations as the Board considers appropriate with respect to the suitability of the various facilities for transfer and the appropriateness for the various facilities of the schedule for conducting the transfer. (4) Such other provisions as the Board considers necessary to carry out an orderly transfer under paragraph (2). (c) List of Facilities.--The plan shall contain a list of all Department of Energy defense nuclear facilities, grouped according to the following criteria: (1) Facilities that are similar to facilities regulated by the Nuclear Regulatory Commission on the date of the enactment of this Act. (2) Facilities that are in compliance with Department of Energy nuclear safety requirements and Board recommendations in existence on the date of the enactment of this Act. (3) Facilities the regulation of which would involve the Nuclear Regulatory Commission in unique national security interests, including the classified design and configuration of a nuclear weapon or explosive device. (d) Facility Defined.--In this section, the term ``Department of Energy defense nuclear facility'' has the meaning provided by section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g), except that the term includes such a facility that is under construction or is planned by the Secretary of Energy to be constructed. (e) Repeal of Prohibition on Use of Funds.--Section 210 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (42 U.S.C. 7272) is repealed.