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.