104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-863
_______________________________________________________________________
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1997, AND FOR OTHER PURPOSES
_______
September 28, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Livingston, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 3610]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
3610) ``making appropriations for the Department of Defense for
the fiscal year ending September 30, 1997, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
division a
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the several
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 1997, and for other
purposes, namely:
AN ACT Making appropriations for the Department of Defense for the
fiscal year ending September 30, 1997, and for other purposes
TITLE I
MILITARY PERSONNEL
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by grants,
for facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the proliferation
of weapons, weapons components, and weapon-related technology
and expertise; for programs relating to the training and
support of defense and military personnel for demilitarization
and protection of weapons, weapons components and weapons
technology and expertise; $327,900,000, to remain available
until expended.
TITLE III PROCUREMENT
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment; $14,499,606,000, to remain available for
obligation until September 30, 1998: Provided, That not less
than $1,000,000 of the funds appropriated in this paragraph
shall be made available only to assess the budgetary, cost,
technical, operational, training, and safety issues associated
with a decision to eliminate development of the F-22B two-seat
training variant of the F-22 advanced tactical fighter:
Provided further, That the assessment required by the preceding
proviso shall be submitted, in classified and unclassified
versions, by the Secretary of the Air Force to the
congressional defense committees not later than February 15,
1997: Provided further, That of the funds made available in
this paragraph, $10,000,000 shall be only for development of
reusable launch vehicle technologies.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment; $9,362,800,000, to remain available for
obligation until September 30, 1998: Provided, That not less
than $304,171,000 of the funds appropriated in this paragraph
shall be made available only for the Sea-Based Wide Area
Defense (Navy Upper-Tier) program.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for
the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with the provisions
of section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon
stockpile, $758,447,000, of which $478,947,000 shall be for
Operation and maintenance, $191,200,000 shall be for
Procurement to remain available until September 30, 1999, and
$88,300,000 shall be for Research, development, test and
evaluation to remain available until September 30, 1998:
Provided, That of the funds made available under this heading,
$1,000,000 shall be available until expended only for a
Johnston Atoll off-island leave program: Provided further, That
notwithstanding any other provision of law, the Secretaries
concerned may, pursuant to uniform regulations prescribe travel
and transportation allowances for travel by participants in the
off-island leave program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for Operation and maintenance;
for Procurement; and for Research, development, test and
evaluation; $807,800,000: Provided, That the funds appropriated
by this paragraph shall be available for obligation for the
same time period and for the same purpose as the appropriation
to which transferred: Provided further, That the transfer
authority provided in this paragraph is in addition to any
transfer authority contained elsewhere in this Act.
TITLE VII--RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System; $196,400,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account; $129,146,000: Provided, That of the funds
appropriated under this heading, $27,000,000 shall be
transferred to the Department of Justice for the National Drug
Intelligence Center to support the Department of Defense's
counterdrug monitoring and detection responsibilities.
TITLE VIII--GENERAL PROVISIONS
Sec. 8010. Within the funds appropriated for the
operation and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported to Congress on
September 30 of each year: Provided, That funds available for
operation and maintenance shall be available for providing
humanitarian and similar assistance by using Civic Action Teams
in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of
Free Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the Army
that such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in
Hawaii, the Secretary of the Army may authorize the provision
of medical services at such facilities and transportation to
such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8037. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or as
a nonprofit membership corporation consisting of a consortium
of other FFRDCs and other non-profit entities.
(b) Limitation on Compensation.--No member of a Board of
Directors, Trustees, Overseers, Advisory Group, Special Issues
Panel, Visiting Committee, or any similar entity of a defense
FFRDC, and no paid consultant to any defense FFRDC, may be
compensated for his or her services as a member of such entity,
or as a paid consultant, except under the same conditions, and
to the same extent, as members of the Defense Science Board:
Provided, That a member of any such entity referred to
previously in this subsection shall be allowed travel expenses
and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of
the funds available to the department from any source during
fiscal year 1997 may be used by a defense FFRDC, through a fee
or other payment mechanism, for charitable contributions, for
construction of new buildings, for payment of cost sharing for
projects funded by government grants, or for absorption of
contract overruns.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 1997, not
more than 5,975 staff years of technical effort (staff years)
may be funded for defense FFRDCs: Provided, That of the
specific amount referred to previously in this subsection, not
more than 1,088 staff years may be funded for the defense
studies and analysis FFRDCs.
(e) Notwithstanding any other provision of law, the
Secretary of Defense shall control the total number of staff
years to be performed by defense FFRDCs during fiscal year 1997
so as to reduce the total amounts appropriated in titles II,
III, and IV of this Act by $52,286,000: Provided, That the
total amounts appropriated in titles II, III, and IV of this
Act are hereby reduced by $52,286,000 to reflect savings from
the use of defense FFRDCs by the department.
(f) Within 60 days after enactment of this Act, the
Secretary of Defense shall submit to the Congressional defense
committees a report presenting the specific amounts of staff
years of technical effort to be allocated by the department for
each defense FFRDC during fiscal year 1997: Provided, That,
after the submission of the report required by this subsection,
the department may not reallocate more than five percent of an
FFRDC's staff years among other defense FFRDCs until 30 days
after a detailed justification for any such reallocation is
submitted to the Congressional defense committees.
(g) The Secretary of Defense shall, with the submission
of the department's fiscal year 1998 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year.
(h) The total amounts appropriated to or for the use of
the department in titles II, III, and IV of this Act are hereby
further reduced by $102,286,000 to reflect savings from the
decreased use of non-FFRDC consulting services by the
department.
(i) No part of the reductions contained in subsections
(e) and (h) of this section may be applied against any budget
activity, activity group, subactivity group, line item, program
element, program, project, subproject or activity which does
not fund defense FFRDC activities or non-FFRDC consulting
services within each appropriation account.
(j) Not later than 90 days after enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees a report listing the specific funding
reductions allocated to each category listed in subsection (i)
above pursuant to this section.
Sec. 8038. None of the funds in this or any other Act
shall be available for the preparation of studies on--
(a) the feasibility of removal and transportation
of unitary chemical weapons or agents from the eight
chemical storage sites within the continental United
States to Johnston Atoll: Provided, That this
prohibition shall not apply to General Accounting
Office studies requested by a Member of Congress or a
Congressional Committee; and
(b) the potential future uses of the nine chemical
disposal facilities other than for the destruction of
stockpile chemical munitions and as limited by section
1412(c)(2), Public Law 99-145: Provided, That this
prohibition does not apply to future use studies for
the CAMDS facility at Tooele, Utah.
Sec. 8056. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 1998.
Sec. 8057. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and deployment
of General Defense Intelligence Program intelligence
communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the component
commands.
Sec. 8065. Notwithstanding section 142 of H.R. 3230, the
National Defense Authorization Act for Fiscal Year 1997, as
passed by the Senate on September 10, 1996, of the funds
provided in title VI of this Act, under the heading ``Chemical
Agents and Munitions Destruction, Defense'', $40,000,000 shall
only be available for the conduct of a pilot program to
identify and demonstrate not less than two alternatives to the
baseline incineration process for the demilitarization of
assembled chemical munitions: Provided, That the Under
Secretary of Defense for Acquisition and Technology shall, not
later than December 1, 1996, designate a program manager who is
not, nor has been, in direct or immediate control of the
baseline reverse assembly incineration demilitarization program
to carry out the pilot program: Provided further, That the
Under Secretary of Defense for Acquisition and Technology shall
evaluate the effectiveness of each alternative chemical
munitions demilitarization technology identified and
demonstrated under the pilot program to demilitarize munitions
and assembled chemical munitions while meeting all applicable
Federal and State environmental and safety requirements:
Provided further, That the Under Secretary of Defense for
Acquisition and Technology shall transmit, by December 15 of
each year, a report to the congressional defense committees on
the activities carried out under the pilot program during the
preceding fiscal year in which the report is to be made:
Provided further, That section 142(f)(3) of H.R. 3230, the
National Defense Authorization Act for Fiscal Year 1997, as
passed by the Senate on September 10, 1996, is repealed:
Provided further, That no funds may be obligated for the
construction of a baseline incineration facility at the
Lexington Blue Grass Army Depot or the Pueblo Depot activity
until 180 days after the Secretary of Defense has submitted to
the congressional defense committees a report detailing the
effectiveness of each alternative chemical munitions
demilitarization technology identified and demonstrated under
the pilot program and its ability to meet the applicable safety
and environmental requirements: Provided further, That none of
the funds in this or any other Act may be obligated for the
preparation of studies, assessments, or planning of the removal
and transportation of stockpile assembled unitary chemical
weapons or neutralized chemical agent to any of the eight
chemical weapons storage sites within the continental United
States.
Sec. 8066. (a) None of the funds made available by this
Act may be obligated for design, development, acquisition, or
operation of more than 47 Titan IV expendable launch vehicles,
or for satellite mission-model planning for a Titan IV
requirement beyond 47 vehicles.
(b) $59,600,000 made available in this Act for Research,
Development, Test and Evaluation, Air Force, may only be
obligated for development of a new family of medium-lift and
heavy-lift expendable launch vehicles evolved from existing
technologies.
Sec. 8067. None of the funds available to the Department
of Defense in this Act may be used to establish additional
field operating agencies of any element of the Department
during fiscal year 1997, except for field operating agencies
funded within the National Foreign Intelligence Program:
Provided, That the Secretary of Defense may waive this section
by certifying to the House and Senate Committees on
Appropriations that the creation of such field operating
agencies will reduce either the personnel and/or financial
requirements of the Department of Defense.
Sec. 8068. Notwithstanding section 303 of Public Law 96-
487 or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air
Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for
commercial, industrial or other purposes.
Sec. 8074. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of North Korea
unless specifically appropriated for that purpose.
Sec. 8076. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Unified and
Specified Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which would
otherwise be incurred against appropriations for the National
Guard and Reserve when members of the National Guard and
Reserve provide intelligence support to Unified Commands,
Defense Agencies and Joint Intelligence Activities, including
the activities and programs included within the General Defense
Intelligence Program and the Consolidated Cryptologic Program:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8080. (a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction
or counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central
Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
Sec. 8097. (a) None of the funds appropriated or
otherwise made available in this Act may be used to transport
or provide for the transportation of chemical munitions or
agents to the Johnston Atoll for the purpose of storing or
demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to
any obsolete World War II chemical munition or agent of the
United States found in the World War II Pacific Theater of
Operations.
(c) The President may suspend the application of
subsection (a) during a period of war in which the United
States is a party.
Sec. 8098. None of the funds provided in title II of this
Act for ``Former Soviet Union Threat Reduction'' may be
obligated or expended to finance housing for any individual who
was a member of the military forces of the Soviet Union or for
any individual who is or was a member of the military forces of
the Russian Federation.
Sec. 8116. Notwithstanding any other provision of law,
none of the funds appropriated in this Act may be used to
purchase, install, replace, or otherwise repair any lock on a
safe or security container which protects information critical
to national security or any other classified materials and
which has not been certified as passing the security lock
specifications contained in regulation FF-L-2740 dated October
12, 1989, and has not passed all testing criteria and
procedures established through February 28, 1992: Provided,
That the Director of Central Intelligence may waive this
provision, on a case-by-case basis only, upon certification
that the above cited locks are not adequate for the protection
of sensitive intelligence information.
Sec. 8132. The Secretary of Defense shall complete a
cost/benefit analysis on the establishment of a National
Missile Defense Joint Program Office: Provided, That the
Secretary of Defense shall submit a report on this analysis to
the congressional defense committees not later than March 31,
1997: Provided further, That the Department of Defense shall
take no action to establish any National Missile Defense Joint
Program Office, to reassign service National Missile Defense
roles and missions under any National Missile Defense Joint
Program Office strategy or to relocate people under such a
strategy prior to March 31, 1997.
Sec. 8136. (a) In addition to any other reductions
required by this Act, the following funds are hereby reduced
from the following accounts in title IV of this Act in the
specified amounts:
``Research, Development, Test and Evaluation,
Army'', $101,257,000;
``Research, Development, Test and Evaluation,
Navy'', $164,179,000;
``Research, Development, Test and Evaluation, Air
Force'', $289,992,000;
``Research, Development, Test and Evaluation,
Defense-Wide'', $119,483,000; and
Developmental Test and Evaluation, Defense'',
$5,641,000.
(b) The reductions taken pursuant to subsection (a) shall
be applied on a pro-rata basis by subproject within each R-1
program element as modified by this Act, except that no
reduction may be taken against the funds made available to the
Department of Defense for Ballistic Missile Defense.
(c) Unless expressly exempted by subsection (b), each
program element, program, project, subproject, and activity
funded by title IV of this Act shall be allocated a pro-rata
share of any of the reductions made by this section.
(d) Not later than 60 days after enactment of this Act,
the Secretary of Defense shall submit to the Congressional
defense committees a report listing the specific funding
reductions allocated to each category listed in subsection (c)
above pursuant to this section.
Sec. 8137. In addition to amounts appropriated or
otherwise made available in this Act, $230,680,000 is hereby
appropriated to the Department of Defense for anti-terrorism,
counter-terrorism, and security enhancement programs and
activities, as follows:
``Operation and Maintenance, Army'', $15,249,000;
``Operation and Maintenance, Navy'', $23,956,000;
``Operation and Maintenance, Marine Corps'',
$600,000;
``Operation and Maintenance, Air Force'',
$10,750,000;
``Operation and Maintenance, Defense-Wide'',
$29,534,000;
``Operation and Maintenance, Navy Reserve'',
$517,000;
``Other Procurement, Army'', $5,252,000;
``Other Procurement, Air Force'', $101,472,000;
``Procurement, Defense-Wide'', $35,350,000;
``Research, Development, Test and Evaluation,
Defense-Wide'', $8,000,000:
Provided, That such amounts in their entirety are designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That funds
appropriated in this section, or made available by transfer of
such funds, for programs and activities of the Central
Intelligence Agency shall remain available until September 30,
1997: Provided further, That funds appropriated in this
section, or made available by transfer of such funds, to any
intelligence agency or activity of the United States Government
shall be deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414).
Sec. 8138. Of the amounts provided in Titles I though
VIII of this Act, $230,680,000 are permanently canceled:
Provided, That the Secretary of Defense shall allocate the
amount of budgetary resources canceled by this section on a
pro-rata basis among each budget activity, activity group and
subactivity group and each program, project or activity within
each appropriations account.
Titles I through VIII of this Act may be cited as the
``Department of Defense Appropriations Act, 1997''
TITLE IX--FISCAL YEAR 1996 SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS
FOR ANTI-TERRORISM, COUNTER-TERRORISM, AND SECURITY ENHANCEMENT
ACTIVITIES
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, to provide emergency
supplemental appropriations for the Department of Defense for
the fiscal year ending September 30, 1996, namely:
DEPARTMENT OF DEFENSE--MILITARY
Military Personnel
military personnel, army
For an additional amount for ``Military Personnel,
Army'', $4,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
military personnel, air force
For an additional amount for ``Military Personnel, Air
Force'', $4,000,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Operation and Maintenance
operation and maintenance, army
For an additional amount for ``Operation and Maintenance,
Army'', $21,200,000, to remain available until September 30,
1997: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
operation and maintenance, air force
For an additional amount for ``Operation and Maintenance,
Air Force'', $67,400,000, to remain available until September
30, 1997: Provided, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That these funds may be
used to liquidate obligations incurred by the Air Force during
fiscal year 1996 for costs incurred under the authority of the
Feed and Forage Act (41 U.S.C. 11).
Procurement
other procurement, army
For an additional amount for ``Other Procurement, Army'',
$11,600,000, to remain available until September 30, 1998:
Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
other procurement, air force
For an additional amount for ``Other Procurement, Air
Force'', $13,600,000, to remain available until September 30,
1998: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
General Provisions
Sec. 9002. Funds appropriated by this title, or made
available by transfer of such funds, for programs and
activities of the Central Intelligence Agency shall remain
available until September 30, 1997: Provided, That funds
appropriated by this title, or made available by transfer of
such funds, to any intelligence agency or intelligence activity
of the United States Government shall be deemed to be
specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
(c) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997, provided as follows, to be effective
as if it had been enacted into law as the regular
appropriations Act:
AN ACT Making appropriations for the foreign operations, export
financing, and related programs for the fiscal year ending September
30, 1997, and for other purposes
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapter 11 of part I of the Foreign Assistance Act of 1961 and
the FREEDOM Support Act, for assistance for the new independent
states of the former Soviet Union and for related programs,
$625,000,000, to remain available until September 30, 1998:
Provided, That the provisions of such chapter shall apply to
funds appropriated by this paragraph.
(b) None of the funds appropriated under this heading
shall be transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on
market principles, private ownership, negotiating
repayment of commercial debt, respect for commercial
contracts, and equitable treatment of foreign private
investment; and
(2) if that Government applies or transfers United
States assistance to any entity for the purpose of
expropriating or seizing ownership or control of
assets, investments, or ventures.
(c) Funds may be furnished without regard to subsection
(b) if the President determines that to do so is in the
national interest.
(d) None of the funds appropriated under this heading
shall be made available to any government of the new
independent states of the former Soviet Union if that
government directs any action in violation of the territorial
integrity or national sovereignty of any other new independent
state, such as those violations included in the Helsinki Final
Act: Provided, That such funds may be made available without
regard to the restriction in this subsection if the President
determines that to do so is in the national security interest
of the United States: Provided further, That the restriction of
this subsection shall not apply to the use of such funds for
the provision of assistance for purposes of humanitarian,
disaster and refugee relief.
(e) None of the funds appropriated under this heading for
the new independent states of the former Soviet Union shall be
made available for any state to enhance its military
capability: Provided, That this restriction does not apply to
demilitarization or nonproliferation programs.
(f) Funds appropriated under this heading shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(g) Funds made available in this Act for assistance to
the new independent states of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
(h)(1) Of the funds appropriated under title II of this
Act, including funds appropriated under this heading, not less
than $10,000,000 shall be available only for assistance for
Mongolia, of which amount not less than $6,000,000 shall be
available only for the Mongolian energy sector.
(2) Funds made available for assistance for Mongolia may
be made available in accordance with the purposes and utilizing
the authorities provided in chapter 11 of part I of the Foreign
Assistance Act of 1961.
(i) Funds made available in this Act for assistance to
the New Independent States of the former Soviet Union shall be
provided to the maximum extent feasible through the private
sector, including small- and medium-size businesses,
entrepreneurs, and others with indigenous private enterprises
in the region, intermediary development organizations committed
to private enterprise, and private voluntary organizations:
Provided, That grantees and contractors should, to the maximum
extent possible, place in key staff positions specialists with
prior on the ground expertise in the region of activity and
fluency in one of the local languages.
(j) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated under this heading or
in prior appropriations Acts, for projects or activities that
have as one of their primary purposes the fostering of private
sector development, the Coordinator for United States
Assistance to the New Independent States and the implementing
agency shall encourage the participation of and give
significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
(k) Off the funds made available under this heading, not
less than $225,000,000 shall be made available for Ukraine, of
which funds not less than $25,000,000 shall be made available
to carry out United States decommissioning obligations
regarding the Chornobyl plant made in the Memorandum of
Understanding between the Government of Ukraine and the G-7
Group: Provided, That not less than $35,000,000 shall be made
available for agricultural projects, including those undertaken
through the Food Systems Restructuring Program, which leverage
private sector resources with United States Government
assistance: Provided further, That $5,000,000 shall be
available for a small business incubator project: Provided
further, That $5,000,000 shall be made available for screening
and treatment of childhood mental and physical illnesses
related to Chornobyl radiation: Provided further, That
$5,000,000 shall be available only for a land and resource
management institute to identify nuclear contamination at
Chornobyl: Provided further, That $15,000,000 shall be
available for the legal restructuring necessary to support a
decentralized market-oriented economic system, including
enactment of necessary substantive commercial law,
implementation of reforms necessary to establish an independent
judiciary and bar, legal education for judges, attorneys, and
law students, and education of the public designed to promote
understanding of a law-based economy.
(l) Of the funds made available for Ukraine, under this
Act and Public Law 104-107, not less than $50,000,000 shall be
made available to improve safety at nuclear reactors: Provided,
that of this amount $20,000,000 shall be provided for the
purchase and installation of, and training for, safety
parameter display or control systems at all operational nuclear
reactors: Provided further, That of this amount, $20,000,000
shall be made available for the purchase, construction,
installation and training for Full Scope and Analytical/
Engineering simulators: Provided further, That of this amount
funds shall be made available to conduct Safety Analysis
Reports at all operational nuclear reactors.
(m) Of the funds made available by this Act, not less
than $95,000,000 shall be made available for Armenia.
(n) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the disbursement of such funds by the
Fund for program purposes. The Fund may retain for such program
proposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(o)(1) None of the funds appropriated under this heading
may be made available for Russia unless the President
determines and certifies in writing to the Committees on
Appropriations that the Government of Russia has terminated
implementation of arrangements to provide Iran with technical
expertise, training, technology, or equipment necessary to
develop a nuclear reactor or related nuclear research
facilities or programs.
(2) Paragraph (1) shall not apply if the President
determines that making such funds available is important to the
national security interest of the United States. Any such
determination shall cease to be effective six months after
being made unless the President determines that its
continuation is important to the national security interest of
the United States.
(p) Of the funds made available under this heading, not
less than $10,000,000 shall be made available for a United
States contribution to the Trans-Caucasus Enterprise Fund:
Provided, That to further the development of the private sector
in the Trans-Caucasus, such amount and amounts appropriated for
purposes of subsection (t) under the heading ``Assistance for
the New Independent States of the Former Soviet Union'' in
Public Law 104-107 may be invested in a Trans-Caucasus
Enterprise Fund or, notwithstanding the provisions of such
subsection, invested in other funds established by public or
private organizations, or transferred to the Overseas Private
Investment Corporation to be available, subject to the
requirements of the Federal Credit Reform Act, to subsidize the
costs of direct and guaranteed loans.
(q)(1) Funds appropriated under this heading may not be
made available for the Government of Ukraine if the President
determines and reports to the Committees on Appropriations that
the Government of Ukraine is engaged in military cooperation
with the Government of Libya.
(2) Paragraph (1) shall not apply if the President
determines that making such funds available is important to the
national security interest of the United States. Any such
determination shall cease to be effective six months after
being made unless the President determines that its
continuation is important to the national security interest of
the United States.
(r) Of the funds appropriated under this heading, not
less than $15,000,000 should be available only for a family
planning program for the New Independent States of the former
Soviet Union comparable to the family planning program
currently administered by the Agency for International
Development in the Central Asian Republics and focusing on
population assistance which provides an alternative to
abortion.
(s) Funds made available under this Act or any other Act
(other than assistance under title V of the FREEDOM Support Act
and section 1424 of the ``National Defense Authorization Act
for Fiscal Year 1997'') may not be provided for assistance to
the Government of Azerbaijan until the President determines,
and so reports to the Congress, that the Government of
Azerbaijan is taking demonstrable steps to cease all blockades
and other offensive uses of force against Armenia and Nagorno-
Karabakh.
(t) Of the funds appropriated under this heading, not
less than $2,500,000 shall be made available for the American-
Russian Center.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism and related programs and activities, $133,000,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, section
504 of the FREEDOM Support Act for the Nonproliferation and
Disarmament Fund, section 23 of the Arms Export Control Act for
demining activities, notwithstanding any other provision of
law, including activities implemented through nongovernmental
and international organizations, section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary
contribution to the Korean Peninsula Energy Development
Organization (KEDO), and for the acquisition and provision of
goods and services, or for grants to Israel necessary to
support the eradication of terrorism in and around Israel:
Provided, That of this amount not to exceed $15,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, to promote bilateral and multilateral
activities relating to nonproliferation and disarmament:
Provided further, That such funds may also be used for such
countries other than the new independent states of the former
Soviet Union and international organizations when it is in the
national security interest of the United States to do so:
Provided further, That such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated under
this heading may be made available for the International Atomic
Energy Agency only if the Secretary of State determines (and so
reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency: Provided
further, That not to exceed $25,000,000 may be made available
to the Korean Peninsula Energy Development Organization (KEDO)
only for the administrative expenses and heavy fuel oil costs
associated with the Agreed Framework: Provided further, That
such funds may be obligated to KEDO only if, prior to such
obligation of funds, the President certifies and so reports to
Congress that (1)(A) of the United States is taking steps to
assure that progress is made on the implementation of the
January 1, 1992, Joint Declaration on the Denuclearization of
the Korean Peninsula and the implementation of the North-South
dialogue, and (B) North Korea is complying with the other
provisions of the Agreed Framework between North Korea and the
United States and with the Confidential Minute; (2) North Korea
is cooperating fully in the canning and safe storage of all
spent fuel from its graphite-moderated nuclear reactors and
that such canning and safe storage is scheduled to be completed
by the end of fiscal year 1997; and (3) North Korea has not
significantly diverted assistance provided by the United States
for purposes for which it was not intended: Provided further,
That the President may waive the certification requirements of
the preceding proviso if the President determines that it is
vital to the national security interests of the United States:
Provided further, That no funds may be obligated for KEDO until
30 calendar days after submission to Congress of the waiver
permitted under the preceding proviso: Provided further, That
before obligating any funds for KEDO, the President shall
report to Congress on (1) the cooperation of North Korea in the
process of returning to the United States the remains of United
States military personnel who are listed as missing in action
as a result of the Korean conflict (including conducting joint
field activities with the United States); (2) violations of the
military armistice agreement of 1953; (3) the actions which the
United States is taking to assure that North Korea is
consistently taking steps to implement the Joint Declaration on
Denuclearization of the Korean Peninsula and engage in North-
South dialogue; and (4) all instances of non-compliance with
the Agreed Framework between North Korea and the United States
and the Confidential Minute, including diversion of heavy fuel
oil: Provided further, That the obligation of such funds shall
be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Secretary of State shall submit to the appropriate
congressional committees an annual report (to be submitted with
the annual presentation for appropriations) providing a full
and detailed accounting of the fiscal year request for the
United States contribution to KEDO, the expected operating
budget of the Korean Peninsula Energy Development Organization,
to include proposed annual costs associated with heavy fuel oil
purchases and other related activities, and the amount of funds
pledged by other donor nations and organizations to support
KEDO activities on a per country basis.
TITLE III--MILITARY ASSISTANCE
TITLE V--GENERAL PROVISIONS
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made
available (other than funds for ``Nonproliferation,
Antiterrorism, Demining and Related Programs'') pursuant to
this Act, for carrying out the Foreign Assistance Act of 1961,
may be used, except for purposes of nuclear safety, to finance
the export of nuclear equipment, fuel, or technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance or reparations to
Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank or
its agents.
north korea
Sec. 585. Ninety days after the date of enactment of this
Act, and every 180 days thereafter, the Secretary of State, in
consultation with the Secretary of Defense, shall provide a
report in a classified or unclassified form to the Committee on
Appropriations including the following information:
(a) a best estimate on fuel used by the military
forces of the Democratic People's Republic of Korea
(DPRK);
(b) the deployment position and military training
and activities of the DPRK forces and best estimate of
the associated costs of these activities;
(c) steps taken to reduce the DPRK level of forces;
and
(d) cooperation, training, or exchanges of
information, technology or personnel between the DPRK
and any other nation supporting the development or
deployment of a ballistic missile capability.
TITLE VI
NATO ENLARGEMENT FACILITATION ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ``NATO Enlargement
Facilitation Act of 1996''.
SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty
Organization (NATO) has played an essential role in
guaranteeing the security, freedom, and prosperity of
the United States and its partners in the Alliance.
(2) The NATO Alliance is, and has been since its
inception, purely defensive in character, and it poses
no threat to any nation. The enlargement of the NATO
Alliance to include as full and equal members emerging
democracies in Central and Eastern Europe will serve to
reinforce stability and security in Europe by fostering
their integration into the structures which have
created and sustained peace in Europe since 1945. Their
admission into NATO will not threaten any nation.
America's security, freedom, and prosperity remain
linked to the security of the countries of Europe.
(3) The sustained commitment of the member
countries of NATO to a mutual defense has made possible
the democratic transformation of Central and Eastern
Europe. Members of the Alliance can and should play a
critical role in addressing the security challenges of
the post-Cold War era and in creating the stable
environment needed for those emerging democracies in
Central and Eastern Europe to successfully complete
political and economic transformation.
(4) The United States continues to regard the
political independence and territorial integrity of all
emerging democracies in Central and Eastern Europe as
vital to European peace and security.
(5) The active involvement by the countries of
Central and Eastern Europe has made the Partnership for
Peace program an important forum to foster cooperation
between NATO and those countries seeking NATO
membership.
(6) NATO has enlarged its membership on 3 different
occasions since 1949.
(7) Congress supports the admission of qualified
new members to NATO and the European Union at an early
date and has sought to facilitate the admission of
qualified new members into NATO.
(8) Lasting security and stability in Europe
requires not only the military integration of emerging
democracies in Central and Eastern Europe into existing
European structures, but also the eventual economic and
political integration of these countries into existing
European structures.
(9) As new members of NATO assume the
responsibilities of Alliance membership, the costs of
maintaining stability in Europe should be shared more
widely. Facilitation of the enlargement process will
require current members of NATO, and the United States
in particular, to demonstrate the political will needed
to build on successful ongoing programs such as the
Warsaw Initiative and the Partnership for Peace by
making available the resources necessary to supplement
efforts prospective new members are themselves
undertaking.
(10) New members will be full members of the
Alliance, enjoying all rights and assuming all the
obligations under the North Atlantic Treaty, signed at
Washington on April 4, 1949 (hereafter in this Act
referred to as the ``Washington Treaty'').
(11) In order to assist emerging democracies in
Central and Eastern Europe that have expressed interest
in joining NATO to be prepared to assume the
responsibilities of NATO membership, the United States
should encourage and support efforts by such countries
to develop force structures and force modernization
priorities that will enable such countries to
contribute to the full range of NATO missions,
including, most importantly, territorial defense of the
Alliance.
(12) Cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern
Europe that have expressed interest in joining NATO,
such as the Baltic Peacekeeping Battalion, the Polish-
Lithuanian Joint Peacekeeping Force, and the Polish-
Ukrainian Peacekeeping Force, can make an important
contribution to European peace and security and
international peacekeeping efforts, can assist those
countries preparing to assume the responsibilities of
possible NATO membership, and accordingly should
receive appropriate support from the United States.
(13) NATO remains the only multilateral security
organization capable of conducting effective military
operations and preserving security and stability of the
Euro-Atlantic region.
(14) NATO is an important diplomatic forum and has
played a positive role in defusing tensions between
members of the Alliance and, as a result, no military
action has occurred between two Alliance member states
since the inception of NATO in 1949.
(15) The admission to NATO of emerging democracies
in Central and Eastern Europe which are found to be in
a position to further the principles of the Washington
Treaty would contribute to international peace and
enhance the security of the region. Countries which
have become democracies and established market
economies, which practice good neighborly relations,
and which have established effective democratic
civilian control over their defense establishments and
attained a degree of interoperability with NATO, should
be evaluated for their potential to further the
principles of the Washington Treaty.
(16) Democratic civilian control of defense forces
is an essential element in the process of preparation
for those states interested in possible NATO
membership.
(17) Protection and promotion of fundamental
freedoms and human rights is an integral aspect of
genuine security, and in evaluating requests for
membership in NATO, the human rights records of the
emerging democracies in Central and Eastern Europe
should be evaluated according to their commitments to
fulfill in good faith the human rights obligations of
the Charter of the United Nations, the principles of
the Universal Declaration on Human Rights, and the
Helsinki Final Act.
(18) A number of Central and Eastern European
countries have expressed interest in NATO membership,
and have taken concrete steps to demonstrate this
commitment, including their participation in
Partnership for Peace activities.
(19) The Caucasus region remains important
geographically and politically to the future security
of Central Europe. As NATO proceeds with the process of
enlargement, the United States and NATO should continue
to examine means to strengthen the sovereignty and
enhance the security of United Nations recognized
countries in that region.
(20) In recognition that not all countries which
have requested membership in NATO will necessarily
qualify at the same pace, the accession date for each
new member will vary.
(21) The provision of additional NATO transition
assistance should include those emerging democracies
most ready for closer ties with NATO and should be
designed to assist other countries meeting specified
criteria of eligibility to move forward toward eventual
NATO membership.
(22) The Congress of the united States finds in
particular that Poland, Hungary, and the Czech Republic
have made significant progress toward achieving the
criteria set forth in section 203(d)(3) of the NATO
Participation Act of 1994 and should be eligible for
the additional assistance described in this Act.
(23) The evaluation of future membership in NATO
for emerging democracies in Central and Eastern Europe
should be based on the progress of those nations in
meeting criteria for NATO membership, which require
enhancement of NATO's security and the approval of all
NATO members.
(24) The process of NATO enlargement entails the
consensus agreement of the governments of all 16 NATO
members and ratification in accordance with their
constitutional procedures.
(25) Some NATO members, such as Spain and Norway,
do not allow the deployment of nuclear weapons on their
territory although they are accorded the full
collective security guarantees provided by Article 5 of
the Washington Treaty. There is no a priori requirement
for the stationing of nuclear weapons on the territory
of new NATO members, particularly in the current
security climate. However, NATO retains the right to
alter its security posture at any time as circumstances
warrant.
SEC. 603. UNITED STATES POLICY.
It is the policy of the United States--
(1) to join with the NATO allies of the United
States to adapt the role of the NATO Alliance in the
post-Cold War world;
(2) to actively assist the emerging democracies in
Central and Eastern Europe in their transition so that
such countries may eventually qualify for NATO
membership;
(3) to support the enlargement of NATO in
recognition that enlargement will benefit the interests
of the United States and the Alliance and to consider
these benefits in any analysis of the costs of NATO
enlargement;
(4) to ensure that all countries in Central and
Eastern Europe are fully aware of and capable of
assuming the costs and responsibilities of NATO
membership, including the obligation set forth in
Article 10 of the Washington Treaty that new members be
able to contribute to the security of the North
Atlantic area; and
(5) to work to define a constructive and
cooperative political and security relationship between
an enlarged NATO and the Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to promote
economic stability and security in Slovakia, Estonia, Latvia,
Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine--
(1) the United States should continue and expand
its support for the full and active participation of
these countries in activities appropriate for
qualifying for NATO membership;
(2) the United States Government should use all
diplomatic means available to press the European Union
to admit as soon as possible any country which
qualifies for membership;
(3) the United States Government and the North
Atlantic Treaty Organization should continue and expand
their support for military exercises and peacekeeping
initiatives between and among these nations, nations of
the North Atlantic Treaty Organization, and Russia; and
(4) the process of enlarging NATO to include
emerging democracies in Central and Eastern Europe
should not be limited to consideration of admitting
Poland, Hungary, the Czech Republic, and Slovenia as
full members of the NATO Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND
LITHUANIA.
In view of the forcible incorporation of Estonia, Latvia,
Lithuania into the Soviet Union in 1940 under the Molotov-
Ribbentrop Pact and the refusal of the United States and other
countries to recognize that incorporation of over 50 years, it
is the sense of the Congress that--
(1) Estonia, Latvia, and Lithuania have valid
historical security concerns that must be taken into
account by the United States; and
(2) Estonia, Latvia, and Lithuania should not be
disadvantaged in seeking to join NATO by virtue of
their forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--The following countries are designated
as eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994 and
shall be deemed to have been so designated pursuant to section
203(d)(1) of such Act: Poland, Hungary, and the Czech Republic.
(b) Designation of Slovenia.--Effective 90 days after the
date of enactment of this Act, Slovenia is designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994, and
shall be deemed to have been so designated pursuant to section
203(d) of such Act, unless the President certifies the Congress
prior to such effective date that Slovenia fails to meet the
criteria under section 203(d)(3) of such Act.
(c) Designation of Other Countries.--The President shall
designate other emerging democracies in Central and Eastern
Europe as eligible to receive assistance under the program
established under section 203(a) of such Act if such
countries--
(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with NATO
in preparation for accession;
(3) are strategically significant to an effective
NATO defense; and
(4) meet the other criteria outlined in section
203(d)(3) of the NATO Participation Act of 1994 (title
II of Public Law 103-447; 22 U.S.C. 1928 note).
(d) Rule of Construction.--Nothing in this section
precludes the designation by the President of Estonia, Latvia,
Lithuania, Romania, Slovakia, Bulgaria, Albania, Moldova,
Ukraine, or any other emerging democracy in Central and Eastern
Europe pursuant to section 203(d) of the NATO Participation Act
of 1994 as eligible to receive assistance under the program
established under section 203(a) of such Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 1997 for the program established
under section 203(a) of the NATO Participation Act of 1994.
(b) Availability.--Of the funds authorized to be
appropriated by subsection (a)--
(1) not less than $20,000,000 shall be available
for the cost, as defined in section 502(5) of the
Credit Reform Act of 1990, of direct loans pursuant to
the authority of section 203(c)(4) of the NATO
Participation Act of 1994 (relating to the ``Foreign
Military Financing Program'');
(2) not less than $30,000,000 shall be available
for assistance on a grant basis pursuant to the
authority of section 203(c)(4) of the NATO
Participation Act of 1994 (relating to the ``Foreign
Military Financing Program''); and
(3) not more than $10,000,000 shall be available
for assistance pursuant to the authority of section
203(c)(3) of the NATO Participation Act of 1994
(relating to international military education and
training).
(c) Rule of Construction.--Amounts authorized to be
appropriated under this section are authorized to be
appropriated in addition to such amounts as otherwise may be
available for such purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE
INFORMATION MANAGEMENT SYSTEM.
(a) In General.--To the extent provided in advance in
appropriations acts for such purposes, funds described in
subsection (b) are authorized to be made available to support
the implementation of the Regional Airspace Initiative and the
Partnership for Peace Information Management System,
including--
(1) the procurement of items in support of these
programs; and
(2) the transfer of such items to countries
participating in these programs.
(b) Funds Described.--Funds described in this subsection
are funds that are available--
(1) during any fiscal year under the NATO
Participation Act of 1994 with respect to countries
eligible for assistance under that Act; or
(2) during fiscal year 1997 under any Act to carry
out the Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.
(a) Priority Delivery.--Notwithstanding any other
provision of law, the delivery of excess defense articles under
the authority of section 203(c) (1) and (2) of the NATO
Participation Act of 1994 and section 516 of the Foreign
Assistance Act of 1961 shall be given priority to the maximum
extent feasible over the delivery of such excess defense
articles to all other countries except those countries referred
to in section 541 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1995 (Public Law 103-
306; 108 Stat. 1640).
(b) Cooperative Regional Peacekeeping Initiatives.--The
Congress encourages the President to provide excess defense
articles and other appropriate assistance to cooperative
regional peacekeeping initiatives involving emerging
democracies in Central and Eastern Europe that have expressed
an interest in joining NATO in order to enhance their ability
to contribute to European peace and security and international
peacekeeping efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United States to
modernize the defense capability of Poland, Hungary, the Czech
Republic, Slovenia, and any other countries designated by the
President pursuant to section 203(d) of the NATO Participation
Act of 1994, by exploring with such countries options for the
sale or lease to such countries of weapons systems compatible
with those used by NATO members, including air defense systems,
advanced fighter aircraft, and telecommunications
infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
(a) Termination of Eligibility.--The eligibility of a
country designated pursuant to subsection (a) or (b) of section
606 or pursuant to section 203(d) of the NATO Participation Act
of 1994 may be terminated upon a determination by the President
that such country does not meet the criteria set forth in
section 203(d)(3) of the NATO Participation Act of 1994.
(b) Notification.--At least 15 days before terminating
the eligibility of any country pursuant to subsection (a), the
President shall notify the congressional committees specified
in section 634A of the Foreign Assistance Act of 1961 in
accordance with the procedures applicable to reprogramming
notifications under that section.
SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.
The NATO Participation Act of 1994 (title II of Public
Law 103-447; 22 U.S.C. 1928 note) is amended in sections
203(a), 203(d)(1), and 203(d)(2) by striking ``countries
emerging from communist domination'' each place it appears and
inserting ``emerging democracies in Central and Eastern
Europe''.
TITLE V--GENERAL PROVISIONS
AN ACT Making appropriations for the Treasury Department, the United
States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30,
1997, and for other purposes
TITLE I--DEPARTMENT OF THE TREASURY
Treasury Buildings and Annex Repair and Restoration
including transfer of funds
For the repair, alteration, and improvement of the Treasury
Building and Annex, $28,213,000, to remain available until
expended: Provided, That funds previously made available under
this title for the Secret Service Headquarter's building shall
be transferred to the Secret Service Acquisition, Construction,
Improvement and Related Expenses appropriation.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement; $22,387,000: Provided, That notwithstanding any
other provision of law, the Director of the Financial Crimes
Enforcement Network may procure up to $500,000 in specialized,
unique, or novel automatic data processing equipment, ancillary
equipment, software, services, and related resources from
commercial vendors without regard to otherwise applicable
procurement laws and regulations and without full and open
competition, utilizing procedures best suited under the
circumstances of the procurement to efficiently fulfill the
agency's requirements: Provided further, That funds
appropriated in this account may be used to procure personal
services contracts.
Secret Service
acquisition, construction, improvement, and related expenses
(including transfer of funds)
For necessary expenses of construction, repair, alteration,
and improvement of facilities, $37,365,000, of which $8,200,000
shall be available for the Rowley Secret Service Training
Center, to remain available until expended: Provided, That
funds previously provided under the title, ``Treasury Buildings
and Annex Repair and Restoration,'' for the Secret Service's
Headquarters Building, shall be transferred to this account:
Provided further, That funds for the Rowley Secret Service
Training Center shall not be available until a prospectus
authorizing such facilities is approved in accordance with the
Public Buildings Act of 1959, as amended, except that funds may
be expended for required expenses in connection with the
development of a proposed prospectus.
TITLE VI--GENERAL PROVISIONS
Sec. 619. Notwithstanding section 1346 of title 31, United
States Code, or section 613 of this Act, funds made available
for fiscal year 1997 by this or any other Act shall be
available for the interagency funding of national security and
emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order Numbered 12472 (April 3, 1984).
Sec. 620. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from the
competitive service pursuant to section 3302 of title 5, United
States Code, without a certification to the Office of Personnel
Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that
the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed to
or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense
for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy,
Air Force, and Marine Corps, the Federal Bureau of
Investigation and the Drug Enforcement Administration
of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions;
and
(7) the Director of Central Intelligence.
FUNDS APPROPRIATED TO THE PRESIDENT
CHAPTER 7
INTERNATIONAL SECURITY ASSISTANCE
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for nonproliferation, anti-
terrorism and related programs and activities, $18,000,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance.
foreign military financing program
For an additional amount for grants to enable the
President to carry out the provisions of section 23 of the Arms
Export Control Act, $60,000,000.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961, $65,000,000:
Provided, That none of the funds appropriated under this
paragraph shall be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
CHAPTER 8
GENERAL PROVISIONS
Sec. 5801. Of the amounts made available in Title IV of
the Department of Defense Appropriations Act, 1997, under the
heading ``Research, Development, Test and Evaluation, Defense-
Wide'', $56,232,000 shall be made available only for the Corps
Surface-to-Air Missile (CORPS SAM) program.
DIVISION C--ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT
OF 1996
SEC. 107. REPORT ON BORDER STRATEGY.
(a) Evaluation of Strategy.--The Comptroller General of the
United States shall track, monitor, and evaluate the Attorney
General's strategy to deter illegal entry in the United States
to determine the efficacy of such strategy.
(b) Cooperation.--The Attorney General, the Secretary of
State, and the Secretary of Defense shall cooperate with the
Comptroller General of the United States in carrying out
subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, and every year thereafter for the
succeeding 5 years, the Comptroller General of the United
States shall submit a report to the Committees on the Judiciary
of the House of Representatives and of the Senate on the
results of the activities undertaken under subsection (a)
during the previous year. Each such report shall include an
analysis of the degree to which the Attorney General's strategy
has been effective in reducing illegal entry. Each such report
shall include a collection and systematic analysis of data,
including workload indicators, related to activities to deter
illegal entry and recommendations to improve and increase
border security at the border and ports of entry.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR
DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (c), by striking ``or section 1992
(relating to wrecking trains)'' and inserting ``section
1992 (relating to wrecking trains), a felony violation
of section 1028 (relating to production of false
identification documentation), section 1425 (relating
to the procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false
statements in passport applications), section 1543
(relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or
section 1546 (relating to fraud and misuse of visas,
permits, and other documents)'';
(2) by striking ``or'' at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o)
as paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following
new paragraph:
``(m) a violation of section 274, 277, or 278 of
the Immigration and Nationality Act (8 U.S.C. 1324,
1327, or 1328) (relating to the smuggling of
aliens);''.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) In General.--Title II is amended by adding at the end
the following new section:
``undercover investigation authority
``Sec. 294. (a) In General.--With respect to any undercover
investigative operation of the Service which is necessary for
the detection and prosecution of crimes against the United
States--
``(1) sums appropriated for the Service may be used
for leasing space within the United States and the
territories and possessions of the United States
without regard to the following provisions of law:
``(A) section 3679(a) of the Revised
Statutes (31 U.S.C. 1341),
``(B) section 3732(a) of the Revised
Statutes (41 U.S.C. 11(a)),
``(C) section 305 of the Act of June 30,
1949 (63 Stat. 396; 41 U.S.C. 255),
``(D) the third undesignated paragraph
under the heading `Miscellaneous' of the Act of
March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
``(E) section 3648 of the Revised Statutes
(31 U.S.C. 3324),
``(F) section 3741 of the Revised Statutes
(41 U.S.C. 22), and
``(G) subsections (a) and (c) of section
304 of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 395; 41 U.S.C.
254 (a) and (c));
``(2) sums appropriated for the Service may be used
to establish or to acquire proprietary corporations or
business entities as part of an undercover operation,
and to operate such corporations or business entities
on a commercial basis, without regard to the provisions
of section 304 of the Government Corporation Control
Act (31 U.S.C. 9102);
``(3) sums appropriated for the Service, and the
proceeds from the undercover operation, may be
deposited in banks or other financial institutions
without regard to the provisions of section 648 of
title 18, United States Code, and of section 3639 of
the Revised Statutes (31 U.S.C. 3302); and
``(4) the proceeds from the undercover operation
may be used to offset necessary and reasonable expenses
incurred in such operation without regard to the
provisions of section 3617 of the Revised Statutes (31
U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any action
authorized by paragraph (1), (2), (3), or (4) is necessary for
the conduct of the undercover operation.
``(b) Disposition of Proceeds No Longer Required.--As soon
as practicable after the proceeds from an undercover
investigative operation, carried out under paragraphs (3) and
(4) of subsection (a), are no longer necessary for the conduct
of the operation, the proceeds or the balance of the proceeds
remaining at the time shall be deposited into the Treasury of
the United States as miscellaneous receipts.
``(c) Disposition of Certain Corporations and Business
Entities.--If a corporation or business entity established or
acquired as part of an undercover operation under paragraph (2)
of subsection (a) with a net value of over $50,000 is to be
liquidated, sold, or otherwise disposed of, the Service, as
much in advance as the Commissioner or Commissioner's designee
determines practicable, shall report the circumstances to the
Attorney General, the Director of the Office of Management and
Budget, and the Comptroller General. The proceeds of the
liquidation, sale, or other disposition, after obligations are
met, shall be deposited in the Treasury of the United States as
miscellaneous receipts.
``(d) Financial Audits.--The Service shall conduct detailed
financial audits of closed undercover operations on a quarterly
basis and shall report the results of the audits in writing to
the Deputy Attorney General.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 293 the
following:
``Sec. 294. Undercover investigation authority.''.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.
(a) Limitation on Provision of Summaries; Use of Special
Attorneys in Challenges to Classified Information.--
(1) No provision of summary in certain cases.--
Section 504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is
amended--
(A) in clause (ii), by inserting before the
period at the end the following: ``unless the
judge makes the findings under clause (iii)'',
and
(B) by adding at the end the following new
clause:
``(iii) Findings.--The findings
described in this clause are, with
respect to an alien, that--
``(I) the continued
presence of the alien in the
United States would likely
cause serious and irreparable
harm to the national security
or death or serious bodily
injury to any person, and
``(II) the provision of the
summary would likely cause
serious and irreparable harm to
the national security or death
or serious bodily injury to any
person.''.
(2) Special challenge procedures.--Section
504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by adding at
the end the following new subparagraphs:
``(E) Continuation of hearing without
summary.--If a judge makes the findings
described in subparagraph (D)(iii)--
``(i) if the alien involved is an
alien lawfully admitted for permanent
residence, the procedures described in
subparagraph (F) shall apply; and
``(ii) in all cases the special
removal hearing shall continue, the
Department of Justice shall cause to be
delivered to the alien a statement that
no summary is possible, and the
classified information submitted in
camera and ex parte may be used
pursuant to this paragraph.
``(F) Special procedures for access and
challenges to classified information by special
attorneys in case of lawful permanent aliens.--
``(i) In general.--The procedures
described in this subparagraph are that
the judge (under rules of the removal
court) shall designate a special
attorney to assist the alien--
``(I) by reviewing in
camera the classified
information on behalf of the
alien, and
``(II) by challenging
through an in camera proceeding
the veracity of the evidence
contained in the classified
information.
``(ii) Restrictions on
disclosure.--A special attorney
receiving classified information under
clause (i)--
``(I) shall not disclose
the information to the alien or
to any other attorney
representing the alien, and
``(II) who discloses such
information in violation of
subclause (I) shall be subject
to a fine under title 18,
United States Code, imprisoned
for not less than 10 years nor
more than 25 years, or both.''.
(3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is
amended--
(A) in paragraph (1), by striking ``The
decision'' and inserting ``Subject to paragraph
(2), the decision'';
(B) in paragraph (3)(D), by inserting
before the period at the end the following: ``,
except that in the case of a review under
paragraph (2) in which an alien lawfully
admitted for permanent residence was denied a
written summary of classified information under
section 504(c)(3), the Court of Appeals shall
review questions of fact de novo'';
(C) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(D) by inserting after paragraph (1) the
following new paragraph:
``(2) Automatic appeals in cases of permanent
resident aliens in which no summary provided.--
``(A) In general.--Unless the alien waives
the right to a review under this paragraph, in
any case involving an alien lawfully admitted
for permanent residence who is denied a written
summary of classified information under section
504(e)(3) and with respect to which the
procedures described in section 504(e)(3)(F)
apply, any order issued by the judge shall be
reviewed by the Court of Appeals for the
District of Columbia Circuit.
``(B) Use of special attorney.--With
respect to any issue relating to classified
information that arises in such review, the
alien shall be represented only by the special
attorney designated under section
504(e)(3)(F)(i) on behalf of the alien.''.
(4) Establishment of panel of special attorneys.--
Section 502 (8 U.S.C. 1532) is amended by adding at the
end the following new subsection:
``(e) Establishment of Panel of Special Attorneys.--The
removal court shall provide for the designation of a panel of
attorneys each of whom--
``(1) has a security clearance which affords the
attorney access to classified information, and
``(2) has agreed to represent permanent resident
aliens with respect to classified information under
section 504(e)(3) in accordance with (and subject to
the penalties under) this title.''.
(5) Definition of special attorney.--Section 501 (8
U.S.C. 1531) is amended--
(A) by striking ``and'' at the end of
paragraph (5),
(B) by striking the period at the end of
paragraph (6) and inserting ``; and'', and
(C) by adding at the end the following new
paragraph:
``(7) the term `special attorney' means an attorney
who is on the panel established under section
502(e).''.
(b) Other Provisions Relating to Classified Information.--
(1) Introduction of classified information.--
Section 504(e) (8 U.S.C. 1534(e)) is amended--
(A) in paragraph (1)--
(i) by inserting after ``(A)'' the
following: ``the Government is
authorized to use in a removal
proceedings the fruits of electronic
surveillance and unconsented physical
searches authorized under the Foreign
Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) without regard
to subsections (c), (e), (f), (g), and
(h) of section 106 of that Act and'',
and
(ii) by striking ``the Foreign
Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.)'' and
inserting ``such Act''; and
(B) by striking the period at the end of
paragraph (3)(A) and inserting the following:
``and neither the alien nor the public shall be
informed of such evidence or its sources other
than through reference to the summary provided
pursuant to this paragraph. Notwithstanding the
previous sentence, the Department of Justice
may, in its discretion and, in the case of
classified information, after coordination with
the originating agency, elect to introduce such
evidence in open session.''.
(2) Maintenance of confidentiality of classified
information in arguments.--Section 504(f) (8 U.S.C.
1534(f)) is amended by adding at the end the following:
``The judge may allow any part of the argument that
refers to evidence received in camera and ex parte to
be heard in camera and ex parte.''.
(3) Maintenance of confidentiality of classified
information in orders.--Section 504(j) (8 U.S.C.
1534(j)) is amended by adding at the end the following:
``Any portion of the order that would reveal the
substance or source of information received in camera
and ex parte pursuant to subsection (e) shall not be
made available to the alien or the public.''.
SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS ORGANIZATIONS.
Section 212(a)(3)(B)(i)(IV) (8 U.S.C.
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of
Public Law 104-132, is amended by inserting ``which the alien
knows or should have known is a terrorist organization'' after
``219,''.
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZATION
DESIGNATIONS.
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by
section 302(a) of Public Law 104-132, is amended--
(1) by striking ``or'' at the end of subparagraph
(B),
(2) by striking the period at the end of
subparagraph (C) and inserting a semicolon, and
(3) by adding at the end the following:
``(D) lacking substantial support in the
administrative record taken as a whole or in
classified information submitted to the court
under paragraph (2), or
``(E) not in accord with the procedures
required by law.''.
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY DEPARTURE.
Section 504(k) (8 U.S.C. 1534(k)) is amended--
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) voluntary departure under section 244(e);''.
SEC. 358. EFFECTIVE DATE.
The amendments made by this subtitle shall be effective as
if included in the enactment of subtitle A of title IV of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132).
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
operations, research and facilities
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION--FISCAL YEAR 1997 BUDGET
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year 1997--
1996 ---------------------------------------------------
appropriation Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
==================================================================
NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND
INFORMATION SERVICE:
Satellite Observing Systems:
Polar spacecraft and launching....... 174,765 147,644 147,300 147,644 147,300
Polar convergence/IPO................ 39,500 78,200 19,000 29,000 29,000
Geostationary spacecraft and
launching........................... 153,106 205,922 171,480 191,922 171,480
Ocean remote sensing................. 4,000 1,552 ........... 6,000 4,000
Environmental observing services..... 49,000 53,615 49,000 52,600 51,000
------------------------------------------------------------------
Total, Satellite Observing
Systems......................... 430,371 486,933 386,780 427,166 402,780
==================================================================
Environmental Data Management Systems.... 29,865 30,098 30,002 27,515 30,002
Data and Information Services........ 11,300 14,800 14,800 11,300 14,800
------------------------------------------------------------------
Total, EDMS...................... 41,165 44,898 44,802 38,815 44,802
------------------------------------------------------------------
Undistributed Reduction.................. ............. ........... (5,685) ........... ...........
TOTAL, NESDIS........................ 471,536 531,831 425,897 465,981 447,582
==================================================================
Direct Obligations........................... 1,892,927 2,061,539 1,839,176 2,013,476 1,938,043
==================================================================
APPROPRIATION, ORF........................... 1,792,677 1,971,215 1,735,200 1,930,700 1,851,067
----------------------------------------------------------------------------------------------------------------
\1\ Funding for this item previously appeared under Marine Services in Program Support.
\2\ Funding for this item appears under Acquisition of Data in NOS, NMFS, and OAR.
national environmental satellite, data and information service
The conference agreement includes $447,582,000 for NOAA's
satellite and data management programs.
The conference agreement includes $44,802,000 for
environmental data management systems within the amount
provided for NESDIS in accordance with the recommendations
included in the House report.
The conference agreement includes $29,000,000 for the
interagency program office to converge the NOAA and Department
of Defense (DOD) polar satellite convergence programs. The
funding level provided meets the revised estimate of need for
this fiscal year and was agreed upon jointly by NOAA and DOD.
The conferees continue to assume that NOAA and DOD will share
equally the costs for all common activities for this program.
Further, the conferees expect NOAA to report to them should any
additional revisions to the program be contemplated.
In addition, the conferees encourage NESDIS to work
closely with the national coastal data center discussed under
the National Ocean Service.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
RELATED AGENCIES
Arms Control and Disarmament Activities
The conference agreement includes $41,500,000 for the
Arms Control and Disarmament Agency (ACDA), instead of
$38,495,000, as proposed in the House bill, and instead of
$30,000,000 as proposed in the Senate-reported bill. To the
maximum extent possible, reductions from the current year
operating level should be taken from administrative functions,
rather than from programmatic staff involved in technical
aspects of ACDA's activities, including monitoring functions.
section 101(b)
Department of Defense Appropriations Act, 1997
The conference agreement on the Department of Defense
Appropriations Act, 1997, incorporates some of the provisions
of both the House and Senate versions of the bill. The language
and allocations set forth in House Report 104-617 and Senate
Report 104-286 should be complied with unless specifically
addressed in the accompanying bill and statement of the
managers to the contrary.
definition of program, project, and activity
The conferees agree that for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177) as amended by the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 (Public Law 100-119) and by
the Budget Enforcement Act of 1990 (Public Law 101-508), the
term program, project, and activity for appropriations
contained in this Act shall be defined as the most specific
level of budget items identified in the Department of Defense
Appropriations Act, 1997, the accompanying House and Senate
Committee reports, the conference report and accompanying joint
explanatory statement of the mangers of the Committee of
Conference, the related classified annexes and reports, and the
P-1 and R-1 budget justification documents as subsequently
modified by Congressional action. The following exception to
the above definition shall apply:
For the Military Personnel and the Operation and
Maintenance accounts, the term ``program, project, and
activity'' is defined as the appropriations accounts contained
in the Department of Defense Appropriations Act. At the time
the President submits his budget for fiscal year 1998, the
conferees direct the Department of Defense to transmit to the
congressional defense committees a budget justification
document to be known as the ``O-1'' which shall identify, at
the budget activity, activity group, and subactivity group
level, the amounts requested by the President to be
appropriated to the Department of Defense for operation and
maintenance in any budget request, or amended budget request,
for fiscal year 1998.
TITLE II--OPERATION AND MAINTENANCE
A summary of the conference agreement on the items
addressed by either the House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
295FORMER SOVIET UNION THREAT 327,900 302,900 327,900 327,900
REDUCTION
---------------------------------------------------------------------
29850 GRAND TOTAL, O&M. 78,462,166 80,555,383 78,956,595 79,163,222
----------------------------------------------------------------------------------------------------------------
chemical-biological equipment
The conferees direct the Secretary of Defense to provide
the congressional defense committees with a report on the
actual and projected status of execution of funds appropriated
to each of the services in support of chemical-biological
protective training and equipment for fiscal years 1996 and
1997, not later than March 1, 1997.
Operation and Maintenance, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
1 OPERATION AND MAINTENANCE, ARMY
24 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
24 SECURITY PROGRAMS
25SECURITY PROGRAMS 364,270 352,770 364,270 352,770
---------------------------------------------------------------------
3450 TOTAL, BUDGET ACTIVITY 4 5,109,539 5,159,439 5,177,576 5,102,736
=====================================================================
35CLASSIFIED PROGRAMS UNDISTRIBUTED ............... 6,600 ............... 7,800
---------------------------------------------------------------------
4350 TOTAL, OPERATION AND 18,031,145 18,365,679 17,700,859 17,519,340
MAINTENANCE, ARMY
4400 TRANSFER (83,334) (50,000) (50,000) (50,000)
=====================================================================
4450 TOTAL FUNDING AVAILABLE (18,114,479) (18,415,679) (17,750,859) (17,569,340)
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 4: Administration and Servicewide
Activities:
2500 Security Programs................................... -11,500
Undistributed:
3550 Classified (Undistributed).......................... 7,800
4260 Chem-Bio Equipment Support.......................... 10,200
hunter uav
Until the Tactical Unmanned Aerial Vehicle (TUAV) is
fielded in the fiscal year 1998 or 1999 time frame, the Hunter
UAV is the only system available for tactical warfighters. The
Army has several additional Hunter systems but these are
currently in storage. These systems have already been procured
and are currently consuming resources without providing any
return. These assets could contribute by providing warfighters
the opportunity to refine doctrine, gain tactical experience,
fulfill contingency requirements, and work on critical issues
such as airspace management and command and control. Therefore,
the conferees agree to provide $12,000,000 to remove three
Hunter systems from storage to provide a capability to further
develop UAV concepts of operation. The conferees' action is not
to be interpreted as authority to upgrade or further develop
the Hunter UAV system.
Operation and Maintenance, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
45 OPERATION AND MAINTENANCE, NAVY
54 COMBAT OPERATION/SUPPORT
56SPACE SYSTEM AND SURVEILLANCE 144,806 144,806 144,806 144,806
57OPERATIONAL METEOROLOGY AND 212,854 212,854 212,854 212,854
OCEANOGRAPHY
-----------------------------------------------------------------
6450 TOTAL, BUDGET ACTIVITY 1 13,877,210 14,035,110 14,113,626 13,994,968
=================================================================
87 LOGISTICS OPERATIONS AND TECHNICAL
SUPPORT
90SPACE AND ELECTRONIC WARFARE SYSTEMS 72,540 72,540 72,540 72,540
92 SECURITY PROGRAMS
92SECURITY PROGRAMS 555,721 552,721 555,721 552,721
-----------------------------------------------------------------
9500 TOTAL, BUDGET ACTIVITY 4 3,577,273 3,562,673 3,550,777 3,523,037
=================================================================
95CLASSIFIED PROGRAMS UNDISTRIBUTED .............. 4,600 -900 5,204
=================================================================
10350 TOTAL, OPERATION AND MAINTENANCE, 20,112,864 20,390,397 20,241,517 20,061,961
NAVY
104TRANSFER (83,333) (50,000) (50,000) (50,000)
-----------------------------------------------------------------
10450 TOTAL FUNDING AVAILABLE (20,196,197) (20,440,397) (20,291,517) (20,111,961)
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
5900 NAF Adak............................................ 10,000
Budget Activity 4: Administration and Servicewide
Activities:
8500 Servicewide Communications-Challenge Athena......... 7,000
9250 Security Program.................................... -3,000
Undistributed:
9550 Classifed (Undistributed).......................... 5,204
Challenge athena
Last year, the Navy requested and the conferees provided
$27,000,000 for Challenge Athena and directed the Department to
include this requirement in future budget submissions (S.
Report 104-124). Despite this direction and the Department's
claims that this program is the Navy's number one C4I priority,
the Navy once again failed to include Challenge Athena in its
budget request. Because of the critical importance of this
project to the morale and well-being of deployed fleet sailors,
the conferees hereby provide an additional $7,000,000 in
servicewide communications.
Operation and Maintenance, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
=================================================================
125CLASSIFIED PROGRAMS .............. .............. 5,300 2,900
----------------------------------------------------------------------------------------------------------
12800 TOTAL, OPERATION AND MAINTENANCE, 2,203,777 2,465,077 2,275,977 2,254,119
MARINE CORPS
----------------------------------------------------------------------------------------------------------------
Adjustments to Budget Activities
Adjustments to the budget activities are as follows:
Undistributed:
12550 Classified Programs................................ 2,900
Operation and Maintenance, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
129 OPERATION AND MAINTENANCE, AIR
FORCE
130 BUDGET ACTIVITY 1: OPERATING
FORCE
137TACTICAL INTEL AND OTHER SPECIAL 216,743 210,043 216,743 216,743
ACTIVITIES
138 SPACE OPERATIONS
138LAUNCH FACILITIES 237,508 237,508 237,508 237,508
139LAUNCH VEHICLES 106,266 106,266 106,266 106,266
139SPACE CONTROL SYSTEMS 311,304 311,304 311,304 311,304
140SATELLITE SYSTEMS 44,301 44,301 44,301 44,301
140OTHER SPACE OPERATIONS 101,723 101,723 101,723 101,723
140DOD SPACE ARCHITECT ............... ............... 2,399 2,400
141BASE SUPPORT 291,242 291,242 291,242 291,421
141MAINTENANCE OF REAL PROPERTY 109,736 109,736 118,336 109,736
---------------------------------------------------------------------
14200 TOTAL, BUDGET ACTIVITY 1 9,385.609 9,400,709 9,115,563 9,047,115
---------------------------------------------------------------------
=====================================================================
157 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
161 SERVICEWIDE ACTIVITIES
164ARMS CONTROL 28,814 28,814 28,814 28,814
164OTHER SERVICEWIDE ACTIVITIES 482,192 482,192 482,192 482,192
167 SECURITY PROGRAMS
167SECURITY PROGRAMS 550,240 548,340 550,240 548,340
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16900 TOTAL, BUDGET ACTIVITY 4 4,262,025 4,241,425 4,259,475 4,213,069
=====================================================================
169CLASSIFIED PROGRAMS UNDISTRIBUTED ............... -24,700 -5,000 -23,476
=====================================================================
17650 TOTAL, OPERATION AND 17,830,122 17,938,755 17,331,309 17,263,193
MAINTENANCE, AIR FORCE
177TRANSFER (83,333) (50,000) (50,000) (50,000)
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17750 TOTAL FUNDING AVAILABLE (17,913,455) (17,988,755) (17,381,309) (17,313,193)
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
13100 SR-71.............................................. 30,000
13300 RIVET JOINT Communication Installations............ 13,000
13500 AWACS EXTEND SENTRY................................ 7,100
13500 JSAS............................................... 3,200
13600 Reverse Osmosis Desalinators....................... 1,500
14055 DoD Space Architect................................ 2,400
16750 Security Programs.................................. -1,900
Undistributed:
16950 Classified (Undistributed)......................... -23,476
Operation and Maintenance, Defense-Wide
The conference agreement on items addressed by either the
House or the Senate is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
178 OPERATION AND MAINTENACE, DEFENSE-
WIDE
178 BUDGET ACTIVITY 1: OPERATING FORCES
179SPECIAL OPERATIONS COMMAND 962,319 985,119 977,619 978,119
179SOCOM RPM .............. .............. 2,000 2,000
-----------------------------------------------------------------
18000 TOTAL, BUDGET ACTIVITY 1 1,426,518 1,550,018 1,448,818 1,489,318
=================================================================
183SPECIAL OPERATIONS COMMAND 35,500 35,500 35,500 35,500
-----------------------------------------------------------------
18400 TOTAL, BUDGET ACTIVITY 3 135,917 135,917 125,917 120,917
=================================================================
184 BUDGET ACTIVITY 4: ADMIN &
SERVICEWIDE ACTIVITIES
186CLASSIFIED AND INTELLIGENCE 3,384,576 3,384,093 3,333,876 3,382,376
187DEFENSE INVESTIGATIVE SERVICE 193,232 193,232 193,232 193,232
189DEFENSE MAPPING AGENCY 741,157 768,257 721,157 758,257
189DEFENSE NUCLEAR AGENCY 85,083 85,083 88,083 85,083
191DEFENSE SUPPORT ACTIVITIES 125,269 125,269 125,269 125,269
192DEFENSE TECHNOLOGY SECURITY 10,504 10,504 10,504 10,504
ADMINISTRATION
194ON SITE INSPECTION AGENCY 109,030 87,030 95,030 87,030
195SPECIAL OPERATIONS COMMAND 55,200 55,200 55,200 55,200
-----------------------------------------------------------------
19600 TOTAL, BUDGET ACTIVITY 4 8,572,091 8,435,608 8,271,965 8,359,423
=================================================================
200EMERGENCY PREPAREDNESS AND RESPONSE .............. .............. 5,000 4,000
201UNDISTRIBUTED REDUCTION (NUNN-LUGAR) .............. .............. -138,000 ..............
201CONTINGENCY OPERATIONS TRANSFER DEFENSE- .............. .............. .............. -66,000
WIDE
201DEFENSE AGAINST WEAPONS OF MASS .............. .............. 138,000 ..............
DESTRUCTION
=================================================================
20200 TOTAL, OPERATION AND MAINTENANCE, 10,156,468 10,212,985 9,953,142 10,044,200
DEFENSE-WIDE
----------------------------------------------------------------------------------------------------------------
adjustments to budget activities
Adjustments to the budget activities are as follows:
Budget Activity 1: Operating Forces:of dollars]
17950 Intell Support to Naval Special Ops Training....... 500
17950 SOCOM OPTEMPO/DLRs................................. 10,300
17955 Real Property Maintenance (SOCOM).................. 2,000
Budget Activity 4: Administration and Servicewide
Activities:
18600 Classified and Intell.............................. -2,200
19350 Seismic System Communication Links................. 400
19450 Security Programs-On Site Inspection Agency........ -22,000
defense mapping agency
The conferees concur in the House direction that the
Defense Mapping Agency's private contracting be conducted in
compliance with the normal qualifications based selection
process found in 40 U.S.C. 541 and 10 U.S.C. 2855. These
provisions in Federal law provide the authority for agencies to
use the qualifications based selection process, including
selection of surveying and mapping firms, for all services
described therein, not just those related to construction. The
conferees agree that these provisions regarding private
contracting apply only to mapping, charting and geodetic
activities.
Former Soviet Union Threat Reduction
The conferees agree to provide $327,900,000, for the
Former Soviet Union Threat Reduction program.
Title III--Procurement
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
SUMMARY
ARMY:
AIRCRAFT................................................ 970,815 1,308,709 1