Congressional Documents
EXCERPTS
Changes in Existing Law Made by the Bill, as Reported............ 546
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
TITLE 10, UNITED STATES CODE
* * * * * * *
Subtitle A--General Military Law
.............
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
.............
CHAPTER 6--COMBATANT COMMANDS
* * * * * * *
Sec. 167. Unified combatant command for special operations forces
(a) * * *
* * * * * * *
(f) Budget.--(1) In addition to the activities of a combatant
command for which funding may be requested under section 166(b)
of this title, the budget proposal of the special operations
command shall include requests for funding for--
[(1)] (A) development and acquisition of special
operations-peculiar equipment; and
[(2)] (B) acquisition of other material, supplies, or
services that are peculiar to special operations
activities.
(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.
* * * * * * *
CHAPTER 8--DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
.............
SUBCHAPTER II--MISCELLANEOUS DEFENSE AGENCY MATTERS
Sec.
201. Certain intelligence officials: consultation and concurrence
regarding appointments; evaluation of performance.
* * * * * * *
203. Director of Ballistic Missile Defense Organization.
* * * * * * *
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).
CHAPTER 9--DEFENSE BUDGET MATTERS
Sec.
221. Future-years defense program: submission to Congress; consistency
in budgeting.
* * * * * * *
224. Ballistic missile defense programs: amounts for procurement.
* * * * * * *
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).
* * * * * * *
CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
* * * * * * *
Sec. 382. Emergency situations involving chemical or biological weapons
of mass destruction
(a) * * *
* * * * * * *
(g) Relationship to Other Authority.--Nothing in this section
shall be construed to restrict any executive branch authority
regarding use of members of the armed forces or equipment of
the Department of Defense that was in effect before [the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1997] September 23, 1996.
* * * * * * *
CHAPTER 20--HUMANITARIAN AND OTHER ASSISTANCE
Sec.
401. Humanitarian and civic assistance provided in conjunction with
military operations.
* * * * * * *
406. Use of Cooperative Threat Reduction program funds: limitation.
* * * * * * *
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.
* * * * * * *
CHAPTER 21--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
* * * * * * *
SUBCHAPTER I--GENERAL MATTERS
Sec.
421. Funds for foreign cryptologic support.
* * * * * * *
[424. Disclosure of organizational and personnel information: exemption
for Defense Intelligence Agency.
[425. Disclosure of personnel information: exemption for National
Reconnaissance Office.]
424. Disclosure of organizational and personnel information: exemption
for Defense Intelligence Agency, National Reconnaissance
Office, and National Imagery and Mapping Agency.
* * * * * * *
CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY
* * * * * * *
SUBCHAPTER I--MISSIONS AND AUTHORITY
* * * * * * *
Sec. 445. Protection of agency identifications and organizational
information
(a) Unauthorized Use of Agency Name, Initials, or Seal.--
[(1)] Except with the written permission of the Secretary of
Defense, no person may knowingly use, in connection with any
merchandise, retail product, impersonation, solicitation, or
commercial activity in a manner reasonably calculated to convey
the impression that such use is approved, endorsed, or
authorized by the Secretary of Defense, any of the following:
[(A)] (1) The words ``National Imagery and Mapping
Agency'', the initials ``NIMA'', or the seal of the
National Imagery and Mapping Agency.
[(B)] (2) The words ``Defense Mapping Agency'', the
initials ``DMA'', or the seal of the Defense Mapping
Agency.
[(C)] (3) Any colorable imitation of such words,
initials, or seals.
[(2)] (b) Injunctive Relief.--Whenever it appears to the
Attorney General that any person is engaged or about to engage
in an act or practice which constitutes or will constitute
conduct prohibited by [paragraph (1)] subsection (a), the
Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice. Such
court shall proceed as soon as practicable to a hearing and
determination of such action and may, at any time before such
final determination, enter such restraining orders or
prohibitions, or take such other action as is warranted, to
prevent injury to the United States or to any person or class
of persons for whose protection the action is brought.
* * * * * * *
.............
CHAPTER 23--MISCELLANEOUS STUDIES AND REPORTS
Sec.
481. Race relations, gender discrimination, and hate group activity:
annual survey and report.
482. Quarterly readiness reports.
483. Reports on transfers from high-priority readiness appropriations.
484. Quarterly reports on execution of operation and maintenance
appropriations.
* * * * * * *
[Sec. 482. Quarterly readiness reports
[(a) Requirement.--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 any quarter
shall be based on 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) the membership of which
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.
[(b) Matters To Be Included.--Each such report shall--
[(1) specifically describe identified readiness
problems or deficiencies and planned remedial actions;
and
[(2) include the key indicators and other relevant
data related to the identified problem or deficiency.
[(c) Classification of Reports.--Reports under this section
shall be submitted in unclassified form and may, as the
Secretary determines necessary, also be submitted in classified
form.]
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.
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.
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.
* * * * * * *
.............
CHAPTER 81--CIVILIAN EMPLOYEES
.............
Sec. 1585a. Special agents of the Defense Criminal Investigative
Service: authority to execute warrants and make
arrests
(a) Authority.--The Secretary of Defense may authorize any
DCIS special agent--
(1) to execute and serve any warrant or other process
issued under the authority of the United States; and
(2) to make arrests without a warrant--
(A) for any offense against the United States
committed in the presence of that agent; and
(B) for any felony cognizable under the laws
of the United States if the agent has probable
cause to believe that the person to be arrested
has committed or is committing the felony.
(b) Attorney General Guidelines.--Authority of a DCIS special
agent under subsection (a) may be exercised only in accordance
with guidelines approved by the Attorney General.
(c) DCIS Special Agent Defined.--In this section, the term
``DCIS special agent'' means an employee of the Department of
Defense who is a special agent of the Defense Criminal
Investigative Service (or any successor to that service).
* * * * * * *
.............
PART III--TRAINING AND EDUCATION
* * * * * * *
CHAPTER 101--TRAINING GENERALLY
.............
Sec. 2011. Special operations forces: training with friendly foreign
forces
(a) * * *
* * * * * * *
[(e) Reports.--Not later than April 1 of each year, the
Secretary of Defense shall submit to Congress a report
regarding training during the preceding fiscal year for which
expenses were paid under this section. Each report shall
specify the following:
[(1) All countries in which that training was
conducted.
[(2) The type of training conducted, including
whether such training was related to counter-narcotics
or counter-terrorism activities, the duration of that
training, the number of members of the armed forces
involved, and expenses paid.
[(3) The extent of participation by foreign military
forces, including the number and service affiliation of
foreign military personnel involved and physical and
financial contribution of each host nation to the
training effort.
[(4) The relationship of that training to other
overseas training programs conducted by the armed
forces, such as military exercise programs sponsored by
the Joint Chiefs of Staff, military exercise programs
sponsored by a combatant command, and military training
activities sponsored by a military department
(including deployments for training, short duration
exercises, and other similar unit training events).]
.............
CHAPTER 108--DEPARTMENT OF DEFENSE SCHOOLS
Sec.
2161. Defense Intelligence School: master of science of strategic
intelligence.
* * * * * * *
2165. National Defense University: Center for the Study of Chinese
Military Affairs.
* * * * * * *
Sec. 2162. Preparation of budget requests for operation of professional
military education schools
(a) * * *
* * * * * * *
(d) Definitions.--In this section:
(1) * * *
(2) The term ``National Defense University'' means
the National War College, the Armed Forces Staff
College, the Institute for National Strategic Studies,
the Information Resources Management College, and the
Industrial College of the Armed Forces.
* * * * * * *
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.
* * * * * * *
.............
Sec. 2325. Restructuring costs
(a) Limitation on Payment of Restructuring Costs.--(1) The
Secretary of Defense may not pay, under section 2324 of this
title, a defense contractor for restructuring costs associated
with a business combination of the contractor unless the
Secretary determines in writing either--
(A) that the amount of savings for the Department of
Defense associated with the restructuring, based on
audited cost data, will be at least twice the amount of
the costs allowed; or
(B) that the amount of savings for the Department of
Defense associated with the restructuring, based on
audited cost data, will exceed the amount of the costs
allowed and that the business combination will result
in the preservation of a critical capability that
otherwise might be lost to the Department.
(2) The Secretary may not delegate the authority to make a
determination under paragraph (1) to an official of the
Department of Defense below the level of an Assistant Secretary
of Defense.
(b) Report.--Not later than March 1 in each of 1998, 1999,
2000, 2001, and 2002, the Secretary of Defense shall submit to
Congress a report containing the following:
(1) For each defense contractor to which the
Secretary has paid, under section 2324 of this title,
restructuring costs associated with a business
combination, a summary of the following:
(A) The amount of savings for the Department
of Defense associated with such business
combination that has been realized as of the
date of the report, based on audited cost data.
(B) An estimate, as of the date of the
report, of the amount of savings for the
Department of Defense associated with such
business combination that is expected to be
achieved in the future.
(2) An identification of any business combination for
which the Secretary has paid restructuring costs under
section 2324 of this title during the preceding
calendar year and, for each such business combination--
(A) the supporting rationale for allowing
such costs;
(B) factual information associated with the
determination made under subsection (a) with
respect to such costs; and
(C) a discussion of whether the business
combination would have proceeded without the
payment of restructuring costs by the
Secretary.
(3) An assessment of the degree of vertical
integration resulting from business combinations of
defense contractors and a discussion of the measures
taken by the Secretary of Defense to increase the
ability of the Department of Defense to monitor
vertical integration trends and address any resulting
negative consequences.
(c) Definition.--In this section, the term ``business
combination'' includes a merger or acquisition.
.............
CHAPTER 144--MAJOR DEFENSE ACQUISITION PROGRAMS
* * * * * * *
Sec. 2432. Selected Acquisition Reports
(a) * * *
* * * * * * *
(h)(1) * * *
(2) A limited report under this subsection shall include the
following:
(A) * * *
* * * * * * *
[(D) The completion status of the development program
expressed--
[(i) as the percentage that the number of
years for which funds have been appropriated
for the development program is of the number of
years for which it is planned that funds will
be appropriated for the program; and
[(ii) as the percentage that the amount of
funds that have been appropriated for the
development program is of the total amount of
funds which it is planned will be appropriated
for the program.]
[(E)] (D) Program highlights since the last Selected
Acquisition Report.
[(F)] (E) Other information as the Secretary of
Defense considers appropriate.
* * * * * * *
CHAPTER 146--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR
INDUSTRIAL TYPE FUNCTIONS
Sec.
2460. Definition of depot-level maintenance and repair.
2461. Commercial or industrial type functions: required studies and
reports before conversion to contractor performance.
* * * * * * *
2474. Centers of Industrial and Technical Excellence: designation;
public-private partnerships.
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.
* * * * * * *
Sec. 2464. Core logistics functions
(a) Necessity for Core Logistics Capability.--(1) It is
essential for the national defense that Department of Defense
activities maintain [a logistics capability (including
personnel, equipment, and facilities)] a core logistics
capability that is Government-owned and Government-operated
(including Government personnel and Government-owned and
Government-operated equipment and facilities) to ensure a ready
and controlled source of technical competence and resources
necessary to ensure effective and timely response to a
mobilization, national defense contingency situations, and
other emergency requirements.
(2) The Secretary of Defense shall identify those logistics
activities that are necessary to maintain the core logistics
capability described in paragraph (1).
(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. 2466. Limitations on the performance of depot-level maintenance of
materiel
(a) * * *
(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.
* * * * * * *
[(e) Report.--Not later than January 15, 1995, the Secretary
of Defense shall submit to Congress a report identifying, for
each military department and Defense Agency, the percentage of
funds referred to in subsection (a) that was used during fiscal
year 1994 to contract for the performance by non-Federal
Government personnel of depot-level maintenance and repair
workload.]
* * * * * * *
Sec. 2469. Contracts to perform workloads previously performed by
depot-level activities of the Department of
Defense: requirement of competition
(a) Requirement for Competition.--The Secretary of Defense
shall ensure that the performance of a depot-level maintenance
[or repair] and repair workload described in subsection (b) is
not changed to performance by a contractor or by another depot-
level activity of the Department of Defense unless the change
is made using--
(1) merit-based selection procedures for competitions
among all depot-level activities of the Department of
Defense; or
(2) competitive procedures for competitions among
private and public sector entities.
(b) Scope.--Subsection (a) applies to any depot-level
maintenance [or repair] and repair workload that has a value of
not less than $3,000,000 and is being performed by a depot-
level activity of the Department of Defense.
* * * * * * *
(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.
* * * * * * *
.............
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
.............
DIVISION C--DEPARTMENT OF ENERGY NATIONAL
SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle D--Other Matters
* * * * * * *
[SEC. 3156. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS ACTIVITIES
BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1997.
[(a) In General.--The weapons activities budget of the
Department of Energy for any fiscal year after fiscal year 1997
shall--
[(1) set forth with respect to each of the activities
under the budget (including stockpile stewardship,
stockpile management, and program direction) the
funding requested to carry out each project or activity
that is necessary to meet the requirements of the
Nuclear Weapons Stockpile Memorandum; and
[(2) identify specific infrastructure requirements
arising from the Nuclear Posture Review, the Nuclear
Weapons Stockpile Memorandum, and the programmatic and
technical requirements associated with the review and
memorandum.
[(b) Required Detail.--The Secretary of Energy shall include
in the materials that the Secretary submits to Congress in
support of the budget for any fiscal year after fiscal year
1997 that is submitted by the President pursuant to section
1105 of title 31, United States Code, the following:
[(1) A long-term program plan, and a near-term
program plan, for the certification and stewardship of
the nuclear weapons stockpile.
[(2) An assessment of the effects of the plans
referred to in paragraph (1) on each nuclear weapons
laboratory and each nuclear weapons production plant.
[(c) Definitions.--In this section:
[(1) The term ``Nuclear Posture Review'' means the
Department of Defense Nuclear Posture Review as
contained in the report of the Secretary of Defense to
the President and Congress dated February 19, 1995, or
in subsequent such reports.
[(2) The term ``nuclear weapons laboratory'' means
the following:
[(A) Lawrence Livermore National Laboratory,
California.
[(B) Los Alamos National Laboratory, New
Mexico.
[(C) Sandia National Laboratories.
[(3) The term ``nuclear weapons production plant''
means the following:
[(A) The Pantex Plant, Texas.
[(B) The Savannah River Site, South Carolina.
[(C) The Kansas City Plant, Missouri.
[(D) The Y-12 Plant, Oak Ridge, Tennessee.]
* * * * * * *
----------
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995
.............
SECTION 234 OF THE BALLISTIC MISSILE DEFENSE ACT OF 1995
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) Establishment of Core Program.--To implement the policy
established in paragraph (1) of section 233, the Secretary of
Defense shall restructure the core theater missile defense
program to consist of the following systems[, to be carried out
so as to achieve the specified capabilities]:
(1) The Patriot PAC-3 system[, with a first unit
equipped (FUE) during fiscal year 1998].
(2) The [Navy Lower Tier (Area) system, with a user
operational evaluation system (UOES) capability during
fiscal year 1997 and an initial operational capability
(IOC) during fiscal year 1999] Navy Area Defense
system.
(3) The Theater High-Altitude Area Defense (THAAD)
system, [with a] to be carried out so as to achieve a
user operational evaluation system (UOES) capability
not later than [fiscal year 1998] fiscal year 2000 and
a first unit equipped (FUE) not later than [fiscal year
2000] fiscal year 2004.
(4) [The Navy Upper Tier (Theater Wide) system, with]
Navy Theater Wide system, to be carried out so as to
achieve a user operational evaluation system (UOES)
capability during fiscal year 1999 and an initial
operational capability (IOC) during fiscal year 2001.
* * * * * * *
----------
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
* * * * * * *
Subtitle D--Other Ballistic Missile Defense Provisions
SEC. 251. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) Elements Specified.--In the budget justification
materials submitted to Congress in support of the Department of
Defense budget for any fiscal year after fiscal year 1996 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code), the amount requested
for activities of the Ballistic Missile Defense Organization
shall be set forth in accordance with the following program
elements:
(1) The Patriot system.
(2) [The Navy Lower Tier (Area) system] Navy Area
Defense system.
(3) The Theater High-Altitude Area Defense (THAAD)
system.
(4) [The Navy Upper Tier (Theater Wide) system] Navy
Theater Wide system.
(5) The Corps Surface-to-Air Missile (SAM) system.
(6) Other Theater Missile Defense Activities.
(7) National Missile Defense.
(8) Follow-On and Support Technologies.
* * * * * * *
TITLE III--OPERATION AND MAINTENANCE
.............
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle D--Other Matters
* * * * * * *
[SEC. 3153. MASTER PLAN FOR THE CERTIFICATION, STEWARDSHIP, AND
MANAGEMENT OF WARHEADS IN THE NUCLEAR WEAPONS
STOCKPILE.
[(a) Master Plan Requirement.--Not later than March 15, 1996,
the President shall submit to Congress a master plan for
maintaining the nuclear weapons stockpile. The President shall
submit to Congress an update of the master plan not later than
March 15 of each year thereafter.
[(b) Plan Elements.--The master plan and each update of the
master plan shall set forth the following:
[(1) The numbers of weapons (including active and
inactive weapons) for each type of weapon in the
nuclear weapons stockpile.
[(2) The expected design lifetime of each weapon
type, the current age of each weapon type, and any
plans (including the analytical basis for such plans)
for lifetime extensions of a weapon type.
[(3) An estimate of the lifetime of the nuclear and
nonnuclear components of the weapons (including active
weapons and inactive weapons) in the nuclear weapons
stockpile, and any plans (including the analytical
basis for such plans) for lifetime extensions of such
components.
[(4) A schedule of the modifications, if any,
required for each weapon type (including active and
inactive weapons) in the nuclear weapons stockpile and
the cost of such modifications.
[(5) The process to be used in recertifying the
safety, reliability, and performance of each weapon
type (including active weapons and inactive weapons) in
the nuclear weapons stockpile.
[(6) The manufacturing infrastructure required to
maintain the nuclear weapons stockpile stewardship and
management programs, including a detailed project plan
that demonstrates the manner by which the Government
will develop by 2002 the capability to refabricate and
certify warheads in the nuclear weapons stockpile and
to design, fabricate, and certify new warheads.
[(c) Form of Plan.--The master plan and each update of the
master plan shall be submitted in unclassified form, but may
contain a classified appendix.]
* * * * * * *
[SEC. 3159. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS ACTIVITIES
BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1996.
[(a) In General.--The weapons activities budget of the
Department of Energy shall be developed in accordance with the
Nuclear Posture Review, the Post Nuclear Posture Review
Stockpile Memorandum currently under development, and the
programmatic and technical requirements associated with the
review and memorandum.
[(b) Required Detail.--The Secretary of Energy shall include
in the materials that the Secretary submits to Congress in
support of the budget for a fiscal year submitted by the
President pursuant to section 1105 of title 31, United States
Code, a long-term program plan, and a near-term program plan,
for the certification and stewardship of the nuclear weapons
stockpile.
[(c) Definition.--In this section, the term ``Nuclear Posture
Review'' means the Department of Defense Nuclear Posture Review
as contained in the report of the Secretary of Defense to the
President and the Congress dated February 19, 1995, or in
subsequent such reports.]
* * * * * * *
.............
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1993
.............
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle C--Other Matters
* * * * * * *
[SEC. 3134. REPORTS ON THE DEVELOPMENT OF NEW TRITIUM PRODUCTION
CAPACITY.
[(a) Report by the Secretary of Energy.--(1) The Secretary of
Energy shall annually submit to the congressional defense
committees a report on the new tritium production capacity of
the Department of Energy.
[(2) The annual report shall include the following:
[(A) An estimate of the date by which new production
reactor capacity will be necessary in order to maintain
the active and any reserve stockpile of nuclear weapons
of the United States.
[(B) An estimate of the date on which construction of
such capacity should begin in order to maintain the
active and any reserve stockpile.
[(C) An assessment of the technical adequacy of the
methods available for the production of tritium,
including an assessment of the risk that each method
may fail to produce tritium on a reliable basis within
the period necessary for meeting the requirements of
the United States.
[(D) An assessment of the capability of the potential
industrial suppliers of new tritium production
capacity, including reactors, to design and construct
such capacity by the date estimated pursuant to
subparagraph (A).
[(3) The Secretary shall submit the annual report in 1993 and
each year thereafter until the construction of the new tritium
production capacity is completed. The Secretary shall submit
the report not later than 60 days after the date on which the
President submits the budget to Congress under section 1105 of
title 31, United States Code. The report shall be submitted in
unclassified form with a classified appendix if necessary.
[(b) Sense of Congress.--It is the sense of Congress that the
technology chosen for new tritium production capacity shall be
the technology that has the highest probability of successfully
sustaining operation, the lowest risk of operational failure,
and the lowest cost of construction and operation (including
any revenues accruing to the United States from such
operation).]
* * * * * * *
Subtitle E--Defense Nuclear Workers
SEC. 3161. DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITIES WORKFORCE
RESTRUCTURING PLAN.
(a) * * *
* * * * * * *
(c) Objectives.--In preparing the plan required under
subsection (a), the Secretary shall be guided by the following
objectives:
(1) Changes in the workforce at a Department of
Energy defense nuclear facility--
(A) should be accomplished so as to minimize
social and economic impacts; and
[(B) should be made only after the provision
of notice of such changes not later than 120
days before the commencement of such changes to
such employees and the communities in which
such facilities are located; and]
(C) should be accomplished, when possible,
through the use of retraining, early
retirement, attrition, and other options that
minimize layoffs.
* * * * * * *
[(e) Plan Updates.--Not later than one year after issuing a
plan referred to in subsection (a) and on an annual basis
thereafter, the Secretary shall issue an update of the plan.
Each updated plan under this subsection shall--
[(1) be guided by the objectives referred to in
subsection (c), taking into account any changes in the
function or mission of the Department of Energy defense
nuclear facilities and any other changes in
circumstances that the Secretary determines to be
relevant;
[(2) contain an evaluation by the Secretary of the
implementation of the plan during the year preceding
the report; and
[(3) contain such other information and provide for
such other matters as the Secretary determines to be
relevant.
[(f) Submittal to Congress.--(1) The Secretary shall submit
to Congress a plan referred to in subsection (a) with respect
to a defense nuclear facility within 90 days after the date on
which a notice of changes described in subsection (c)(1)(B) is
provided to employees of the facility, or 90 days after the
date of the enactment of this Act, whichever is later.
[(2) The Secretary shall submit to Congress any updates of
the plan under subsection (e) immediately upon completion of
any such update.]
(e) Treatment of Federal Employees.--This section does not
apply to employees of the Department of Energy.
* * * * * * *
.............
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1989
* * * * * * *
.............
TITLE XIV--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
SEC. 1436. NUCLEAR TEST BAN READINESS PROGRAM
(a) * * *
* * * * * * *
[(e) Annual Report.--The Secretary of Energy shall submit to
Congress each year an unclassified report (with a classified
annex as necessary) that describes the progress made to the
date of the report in achieving the purposes of the program
required to be established under subsection (b).]
* * * * * * *
----------
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS 1990 AND 1991
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
* * * * * * *
Part B--B-2 Aircraft Program
* * * * * * *
[SEC. 115. ONGOING INDEPENDENT ASSESSMENT OF B-2 AIRCRAFT PROGRAM
[(a) Independent Assessment.--The Secretary of Defense shall
provide for an ongoing independent assessment of the
technological capabilities and performance of the B-2 aircraft.
The Secretary shall appoint a panel of experts and shall use
the resources of federally funded research and development
centers (FFRDCs) to conduct the assessment. The Secretary shall
provide the panel such resources as are necessary, including
technical assistance by private contractors and the United
States intelligence community, to assist the panel in
conducting the assessment. Individuals appointed to the panel
shall be independent of the Air Force and shall have no
arrangements with the Air Force that would constitute a
conflict of interest.
[(b) Report.--The panel shall submit periodic reports of its
findings to Congress. The first such report shall be submitted
not later than April 1, 1990. Subsequent reports shall be
submitted every six months thereafter until B-2 aircraft
procurement is completed. Such reports shall be submitted in
both classified and unclassified form. Each such report shall
address the following matters:
[(1) The capability of air defenses of the Soviet
Union to defeat the B-2 aircraft during the designed
service life of that aircraft, taking into
consideration in particular--
[(A) the low radar signature and anticipated
performance of the aircraft;
[(B) technological capabilities of the Soviet
Union;
[(C) developments by the Soviet Union of
alternatives to defeat the B-2 aircraft; and
[(D) the estimated cost to the Soviet Union
to defeat the B-2 aircraft.
[(2) The rationale for building the B-2 aircraft as a
manned penetrating bomber, taking into consideration in
particular--
[(A) the missions of the aircraft;
[(B) the capabilities of the aircraft to
complete those missions; and
[(C) the capability of the aircraft to search
for, identify, and destroy strategic
relocatable targets.
[(3) The opportunity costs associated with the B-2
program as compared to other available or emerging
technologies and operational concepts that could
perform the missions of the B-2 aircraft at lesser
costs.
[(4) The planned service life of the B-2 aircraft and
the potential for growth in that planned service life
through the incorporation of preplanned product
improvements and other modifications.
[(5) The requirements for any follow-on aircraft or
system that incorporates both low observable technology
and high speed maneuverability.
[(6) An assessment of the capability of the United
States to defeat, identify, and destroy low observable
vehicles, including manned aircraft and unmanned
systems.]
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Part D--Environment, Safety, and Management
* * * * * * *
[SEC. 3143. MAJOR DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
[(a) Major Program Defined.--In this section, the term
``major Department of Energy national security program'' means
a research and development program (which may include
construction and production activities), a construction
program, or a production program--
[(1) that is designated by the Secretary of Energy as
a major Department of Energy national security program;
or
[(2) that is estimated by the Secretary of Energy to
cost more than $500,000,000 (based on fiscal year 1989
constant dollars).
[(b) Required Reports.--(1) Except as provided in paragraph
(3), the Secretary of Energy shall submit to the Committees on
Armed Services and the Committees on Appropriations of the
Senate and House of Representatives at the end of each
calendar-year quarter a report on each major Department of
Energy national security program.
[(2) Each such report shall include, at a minimum, the
following information:
[(A) A description of the program, its purpose, and
its relationship to the mission of the national
security program of the Department of Energy.
[(B) The program schedule, including estimated annual
costs.
[(C) A comparison of the current schedule and cost
estimates with previous schedule and cost estimates,
and an explanation of changes.
[(3) A report under this section need not be submitted for
the first, second, or third calendar-year quarter if the
comparison between current schedule and cost estimates and
schedule and cost estimates contained in the last submitted
report shows that there has been--
[(A) less than a 5 percent change in total program
cost; and
[(B) less than a 90-day delay in any significant
schedule item of the program.
[(c) Submission of Report.--Each report under this section
shall be submitted not later than 30 days after the end of each
calendar-year quarter. The first report shall cover the fourth
quarter of 1989 and shall be submitted not later than January
30, 1990.
[(d) Identification of Programs.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Energy shall submit a report to the Committees on Armed
Services and the Committees on Appropriations of the Senate and
House of Representatives that identifies all programs of the
Department of Energy that are major Department of Energy
national security programs, as defined in subsection (a).]
* * * * * * *
----------
.............
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle C--Program Authorizations, Restrictions, and Limitations
* * * * * * *
SEC. 3138. STOCKPILE STEWARDSHIP PROGRAM.
(a) * * *
* * * * * * *
[(d) Report.--Each year, at the same time the President
submits the budget under section 1105 of title 31, United
States Code, the President shall submit to the Congress a
report covering the most recently completed calendar year which
sets forth--
[(1) any concerns with respect to the safety,
security, effectiveness, or reliability of existing
United States nuclear weapons raised by the Stockpile
Surveillance Program of the Department of Energy, and
the calculations and experiments performed by Sandia
National Laboratories, Lawrence Livermore National
Laboratory, or Los Alamos National Laboratory; and
[(2) if such concerns have been raised, the
President's evaluation of each concern and a report on
what actions are being or will be taken to address that
concern.]
----------
.............
TITLE X--GENERAL PROVISIONS
.............
SECTION 1121 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS
1988 AND 1989
SEC. 1121. COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) * * *
* * * * * * *
(c) Limitation on Number of Examinations.--The number of
counterintelligence polygraph examinations that may be
administered [under this section--
[(1) may not exceed 10,000 during each of fiscal
years 1988, 1989, and 1990; and
[(2) may not exceed 5,000 during any fiscal year
after fiscal year 1990] under this section may not
exceed 5,000 during any fiscal year for which a
specific number is not otherwise provide by law.
(d) * * *
* * * * * * *
----------
.............
SECTION 1505 OF THE WEAPONS OF MASS DESTRUCTION CONTROL ACT OF 1992
SEC. 1505. INTERNATIONAL NONPROLIFERATION INITIATIVE.
(a) * * *
* * * * * * *
(d) Sources of Assistance.--(1) * * *
* * * * * * *
(3) The total amount of the assistance provided in the form
of funds under this section, including funds used for
activities of the Department of Defense in support of the
United Nations Special Commission on Iraq, may not exceed
$25,000,000 for fiscal year 1994, $20,000,000 for fiscal year
1995, $15,000,000 for fiscal year 1996, [or] $15,000,000 for
fiscal year 1997, or $15,000,000 for fiscal year 1998.
* * * * * * *
(f) Termination of Authority.--The authority of the Secretary
of Defense to provide assistance under this section terminates
at the close of fiscal year [1997] 1998.
* * * * * * *
----------
MILITARY CONSTRUCTION AUTHORIZATION ACT FOR FISCAL YEAR 1997
.............
TITLE XXVIII--GENERAL PROVISIONS
* * * * * * *
SECTION 2401 OF THE MILITARY CONSTRUCTION AUTHORIZATION ACT FOR FISCAL
YEAR 1995
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
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
----------------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Chemical Agents and Munitions Destruction...... Anniston Army Depot, Alabama................ $5,000,000
Pine Bluff Arsenal, Arkansas................ [$115,000,000]
$134,000,000
Tooele Army Depot, Utah..................... $4,000,000
Umatilla Army Depot, Oregon................. [$186,000,000]
$187,000,000
* * * * * * *
----------------------------------------------------------------------------------------------------------------
----------
SECTION 204 OF THE DEFENSE AUTHORIZATION AMENDMENTS AND BASE CLOSURE
AND REALIGNMENT ACT
SEC. 204. IMPLEMENTATION.
(a) * * *
(b) Management and Disposal of Property.--(1) * * *
* * * * * * *
(5)(A) Except as provided in [subparagraph (B)] subparagraphs
(B) and (C), the Secretary shall take such actions as the
Secretary determines necessary to ensure that final
determinations under paragraph (1) regarding whether another
department or agency of the Federal Government has identified a
use for any portion of a military installation to be closed
under this title after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1994, or
will accept transfer of any portion of such installation, are
made not later than 6 months after such date of enactment.
* * * * * * *
(C)(i) Before acquiring non-Federal real property as the
location for a new or replacement Federal facility of any type,
the head of the Federal agency acquiring the property shall
consult with the Secretary regarding the feasibility and cost
advantages of using Federal property or facilities at a
military installation to be closed or realigned under this
title as the location for the new or replacement facility. In
considering the availability and suitability of a specific
military installation, the Secretary and the head of the
Federal agency involved shall consult with the redevelopment
authority with respect to the installation and comply with the
redevelopment plan for the installation.
(ii) Not later than 30 days after acquiring non-Federal real
property as the location for a new or replacement Federal
facility, the head of the Federal agency acquiring the property
shall submit to Congress a report containing the results of the
consultation under clause (i) and the reasons why military
installations referred to in such clause that are located
within the area to be served by the new or replacement Federal
facility or within a 200-mile radius of the new or replacement
facility, whichever area is greater, were considered to be
unsuitable or unavailable for the site of the new or
replacement facility.
* * * * * * *
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SECTION 2905 OF THE DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990
SEC. 2905. IMPLEMENTATION.
(a) * * *
(b) Management and Disposal of Property.--(1) * * *
* * * * * * *
(5)(A) Except as provided in [subparagraph (B)] subparagraphs
(B) and (C), the Secretary shall take such actions as the
Secretary determines necessary to ensure that final
determinations under paragraph (1) regarding whether another
department or agency of the Federal Government has identified a
use for any portion of a military installation to be closed
under this part, or will accept transfer of any portion of such
installation, are made not later than 6 months after the date
of approval of closure of that installation.
* * * * * * *
(C)(i) Before acquiring non-Federal real property as the
location for a new or replacement Federal facility of any type,
the head of the Federal agency acquiring the property shall
consult with the Secretary regarding the feasibility and cost
advantages of using Federal property or facilities at a
military installation to be closed or realigned under this part
as the location for the new or replacement facility. In
considering the availability and suitability of a specific
military installation, the Secretary and the head of the
Federal agency involved shall consult with the redevelopment
authority with respect to the installation and comply with the
redevelopment plan for the installation.
(ii) Not later than 30 days after acquiring non-Federal real
property as the location for a new or replacement Federal
facility, the head of the Federal agency acquiring the property
shall submit to Congress a report containing the results of the
consultation under clause (i) and the reasons why military
installations referred to in such clause that are located
within the area to be served by the new or replacement Federal
facility or within a 200-mile radius of the new or replacement
facility, whichever area is greater, were considered to be
unsuitable or unavailable for the site of the new or
replacement facility.
* * * * * * *
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SECTION OF THE 210 DEPARTMENT OF ENERGY NATIONAL SECURITY AND MILITARY
APPLICATIONS OF NUCLEAR ENERGY AUTHORIZATION ACT OF 1981
[restriction on licensing requirement for certain defense activities
and facilities
[Sec. 210. None of the funds authorized to be appropriated by
this or any other Act may be used for any purpose related to
licensing of any defense activity or facility of the Department
of Energy by the Nuclear Regulatory Commission.]
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.............