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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997
(House of Representatives - May 14, 1996)

SEC. 215. RESEARCH ACTIVITIES OF THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY RELATING TO CHEMICAL AND BIOLOGICAL WARFARE DEFENSE TECHNOLOGY.
(a) Authority: Section 1701(c) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1853; 50 U.S.C. 1522) is amended--

(1) by inserting `(1)' before `The Secretary'; and

(2) by adding at the end the following new paragraph:
`(2) The Director of the Defense Advanced Research Projects Agency may conduct a program of basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems. In conducting such program, the Director shall seek to avoid unnecessary duplication of the activities under the program with chemical and biological warfare defense activities of the military departments and defense agencies and shall coordinate the activities under the program with those of the military departments and defense agencies.'.
(b) Funding: Section 1701(d) of such Act is amended--

(1) in paragraph (1), by striking out `military departments' and inserting in lieu thereof `Department of Defense';

(2) in paragraph (2), by inserting after `requests for the program' in the first sentence the following: `(other than for activities under the program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2))';

(3) by redesignating paragraph (3) as paragraph (4); and

(4) by inserting after paragraph (2) the following new paragraph (3):
`(3) The program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2) shall be set forth as a separate program element in the budget of that agency.'.

SEC. 216. LIMITATION ON FUNDING FOR F-16 TACTICAL MANNED RECONNAISSANCE AIRCRAFT.
(a) Limitation: Effective on the date of the enactment of this Act, not more than $50,000,000 (in fiscal year 1997 constant dollars) may be obligated or expended for--

(1) research, development, test, and evaluation for, and acquisition and modification of, the F-16 tactical manned reconnaissance aircraft program; and

(2) costs associated with the termination of such program.
(b) Exception: The limitation in subsection (a) shall not apply to obligations required for improvements planned before the date of the enactment of this Act to incorporate the common data link into the F-16 tactical manned reconnaissance aircraft.

SEC. 217. UNMANNED AERIAL VEHICLES.
(a) Prohibition: (1) The Secretary of Defense may not enter into a contract for the Joint Tactical Unmanned Aerial Vehicle project, and no funds authorized to be appropriated by this Act may be obligated for such project, until a period of 30 days has expired after the date on which the Secretary of Defense submits to Congress a certification that the reconnaissance programs of the Department of Defense--

(A) are justified on the basis of the projected national security threat;

(B) have been subjected to a roles and missions determination;

(C) are supported by an overall national, joint, and tactical reconnaissance plan;

(D) are affordable within the budget of the Department of Defense as projected by the future-years defense program; and

(E) are fully programmed for in the future-years defense program.
(2) In this subsection, the term `reconnaissance programs of the Department of Defense' means programs for tactical unmanned aerial vehicles, endurance unmanned aerial vehicles, airborne reconnaissance, manned reconnaissance, and distributed common ground systems that--

(A) are described in the budget justification documents of the Defense Airborne Reconnaissance Office;

(B) are included in the funding request for the Department of Defense; or

(C) are certified as acquisition reconnaissance requirements by the Joint Requirements Oversight Council for the future-years defense program.
(b) Procurement Funding Request: The funding request for procurement for unmanned aerial vehicles for any fiscal year shall be set forth under the funding requests for the military departments in the budget of the Department of Defense.
(c) Transfer of Program Management: Program management for the Predator Unmanned Aerial Vehicle, and programmed funding for such vehicle for fiscal years 1998, 1999, 2000, 2001, and 2002 (as set forth in the future-years defense program), shall be transferred to the Department of the Air Force, effective October 1, 1996, or the date of the enactment of this Act, whichever is later.
(d) Prohibition on Providing Operating Capability from Naval Vessels: No funds authorized to be appropriated by this Act may be obligated for purposes of providing the capability of the Predator Unmanned Aerial Vehicle to operate from naval vessels.
(e) Funding: Of the amounts authorized to be appropriated by section 201 for program element 35154D, $10,000,000 shall be available only for an advanced concepts technology demonstration of air-to-surface precision guided munitions employment using a Predator, Hunter, or Pioneer unmanned aerial vehicle and a nondevelopmental laser target designator.

SEC. 219. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) Funding: Funds appropriated pursuant to the authorization of appropriations in section 201(3) are authorized to be made available for the Space-Based Infrared System program for purposes and in amounts as follows:

(1) For Space Segment High, $180,390,000.

(2) For Space Segment Low (the Space and Missile Tracking System), $247,221,000.

(3) For Cobra Brass, $6,930,000.
(b) Limitation: None of the funds authorized under subsection (a) to be made available for the Space-Based Infrared System program may be obligated or expended until the Secretary of Defense certifies to Congress that the requirements of section 216(a) of Public Law 104-106 (110 Stat. 220) have been carried out.
(c) Program Management: Before the submission of the President's budget for fiscal year 1998, the Secretary of Defense shall conduct a review of the appropriate management responsibilities for the Space and Missile Tracking System, including whether transferring such management responsibility from the Air Force to the Ballistic Missile Defense Organization would result in improved program efficiencies and support.

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SEC. 221. JOINT UNITED STATES-ISRAELI NAUTILUS LASER/THEATER HIGH ENERGY LASER PROGRAM.
The Congress strongly supports the Joint United States-Israeli Nautilus Laser/Theater High Energy Laser programs and encourages the Secretary of Defense to request authorization to develop these programs as agreed to on April 28, 1996, in the statement of intent signed by the Secretary of Defense and the Prime Minister of the State of Israel.

Subtitle C--Ballistic Missile Defense Programs

SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR FISCAL YEAR 1997.
Of the amount appropriated pursuant to section 201(4), not more than $3,258,982,000 may be obligated for programs managed by the Ballistic Missile Defense Organization.

SEC 232. CERTIFICATION OF CAPABILITY OF UNITED STATES TO DEFEND AGAINST SINGLE BALLISTIC MISSILE.
Not later than 15 days after the date of the enactment of this Act, the President shall submit to Congress a certification in writing stating specifically whether or not the United States has the military capability (as of the time of the certification) to intercept and destroy a single ballistic missile launched at the territory of the United States.

SEC. 233. POLICY ON COMPLIANCE WITH THE ABM TREATY.
(a) Policy Concerning Systems Subject to ABM Treaty: Congress finds that, unless and until a missile defense system, system upgrade, or system component is flight tested in an ABM -qualifying flight test (as defined in subsection (c)), such system, system upgrade, or system component--

(1) has not, for purposes of the ABM Treaty, been tested in an ABM mode nor been given capabilities to counter strategic ballistic missiles; and

(2) therefore is not subject to any application, limitation, or obligation under the ABM Treaty.
(b) Prohibitions: (1) Funds appropriated to the Department of Defense may not be obligated or expended for the purpose of--

(A) prescribing, enforcing, or implementing any Executive order, regulation, or policy that would apply the ABM Treaty (or any limitation or obligation under such Treaty) to research, development, testing, or deployment of a theater missile defense system, a theater missile defense system upgrade, or a theater missile defense system component; or

(B) taking any other action to provide for the ABM Treaty (or any limitation or obligation under such Treaty) to be applied to research, development, testing, or deployment of a theater missile defense system, a theater missile defense system upgrade, or a theater missile defense system component.
(2) This subsection applies with respect to each missile defense system, missile defense system upgrade, or missile defense system component that is capable of countering modern theater ballistic missiles.
(3) This subsection shall cease to apply with respect to a missile defense system, missile defense system upgrade, or missile defense system component when that system, system upgrade, or system component has been flight tested in an ABM -qualifying flight test.
(c) ABM -Qualifying Flight Test Defined: For purposes of this section, an ABM -qualifying flight test is a flight test against a ballistic missile which, in that
flight test, exceeds (1) a range of 3,500 kilometers, or (2) a velocity of 5 kilometers per second.

SEC. 234. REQUIREMENT THAT MULTILATERALIZATION OF THE ABM TREATY BE DONE ONLY THROUGH TREATY-MAKING POWER.
Any addition of a new signatory party to the ABM Treaty (in addition to the United States and the Russian Federation) constitutes an amendment to the treaty that can only be agreed to by the United States through the treaty-making power of the United States. No funds appropriated or otherwise available for any fiscal year may be obligated or expended for the purpose of implementing or making binding upon the United States the participation of any additional nation as a party to the ABM Treaty unless that nation is made a party to the treaty by an amendment to the Treaty that is made in the same manner as the manner by which a treaty is made.

SEC. 235. REPORT ON BALLISTIC MISSILE DEFENSE AND PROLIFERATION.
The Secretary of Defense shall submit to Congress a report on ballistic missile defense and the proliferation of weapons of mass destruction, including nuclear, chemical, and biological weapons, and the missiles that can be used to deliver them. The report shall be submitted not later than December 31, 1996, and shall include the following: (1) An assessment of how United States theater missile defenses contribute to United States efforts to prevent proliferation, including an evaluation of the specific effect United States theater missile defense systems can have on dissuading other states from acquiring ballistic missiles.

(2) An assessment of how United States national missile defenses contribute to United States efforts to prevent proliferation.

(3) An assessment of the effect of the lack of national missile defenses on the desire of other states to acquire ballistic missiles and an evaluation of the types of missiles other states might seek to acquire as a result.

(4) A detailed review of the linkages between missile defenses (both theater and national) and each of the categories of counterproliferation activities identified by the Secretary of Defense as part of the Defense Counterproliferation Initiative announced by the Secretary in December 1993.

(5) A description of how theater and national ballistic missile defenses can augment the effectiveness of other counterproliferation tools.

SEC. 236. REVISION TO ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE PROGRAM.
Section 224(b) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note) is amended--

(1) by striking out paragraphs (3), (4), and (10);

(2) by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively;

(3) by redesignating paragraph (7) as paragraph (5) and in that paragraph by striking out `of the Soviet Union' and `for the Soviet Union';

(4) by redesignating paragraph (8) as paragraph (6); and

(5) by redesignating paragraph (9) as paragraph (7) and in that paragraph--

(A) by striking out `of the Soviet Union' in subparagraph (A);

(B) by striking out subparagraphs (C) through (F); and

(C) by redesignating subparagraph (G) as subparagraph (C).

SEC. 237. ABM TREATY DEFINED.
For purposes of this subtitle, the term `ABM Treaty' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the
Limitation of Anti-Ballistic Missile Systems, and signed at Moscow on May 26, 1972, and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974.

SEC. 238. CAPABILITY OF NATIONAL MISSILE DEFENSE SYSTEM.
The Secretary of Defense shall ensure that any National Missile Defense system deployed by the United States is capable of defeating the threat posed by the Taepo Dong II missile of North Korea.