From GPO Gate
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
---------------------------------------------------------------------
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)
---------------------------------------------------------------------
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 1,283,815 1,348,434
MISSILES................................................ 766,329 988,567 982,829 1,041,867
WEAPONS, TRACKED COMBAT VEHICLES........................ 1,102,014 1,500,414 1,449,714 1,470,286
AMMUNITION.............................................. 853,428 1,150,128 1,118,329 1,127,149
OTHER................................................... 2,627,440 2,899,040 3,295,486 3,172,485
---------------------------------------------------
TOTAL, ARMY........................................... 6,320,026 7,846,858 8,130,173 8,160,221
===================================================
NAVY:
AIRCRAFT................................................ 5,881,952 6,896,552 7,239,704 7,027,010
WEAPONS................................................. 1,400,363 1,384,408 1,500,154 1,389,913
AMMUNITION.............................................. ........... 341,689 ........... 289,695
SHIPS................................................... 4,911,930 4,469,930 6,193,330 5,613,665
OTHER................................................... 2,714,195 2,889,591 2,944,519 3,067,944
MARINE CORPS............................................ 555,507 623,973 660,507 569,073
---------------------------------------------------
TOTAL, NAVY........................................... 15,463,947 16,606,143 18,538,214 17,957,300
===================================================
AIR FORCE:
AIRCRAFT................................................ 5,779,228 7,274,628 6,630,370 6,404,980
MISSILES................................................ 2,733,877 2,279,500 2,713,944 2,297,145
AMMUNITION.............................................. ........... 272,177 ........... 293,153
OTHER................................................... 5,998,819 6,078,539 5,577,787 5,944,680
---------------------------------------------------
TOTAL, AIR FORCE...................................... 14,511,924 15,904,844 14,922,101 14,939,958
===================================================
DEFENSE-WIDE................................................ 1,841,212 2,247,812 1,773,794 1,978,005
NATIONAL GUARD AND RESERVE EQUIPMENT........................ ........... 908,000 759,800 780,000
---------------------------------------------------
TOTAL PROCUREMENT..................................... 38,137,109 43,513,657 44,124,082 43,815,484
----------------------------------------------------------------------------------------------------------------
gps and flight data recorders and passenger safety modifications
The conferees agree with the language included under
these headings in their respective House and Senate committee
reports. The conferees agree with the Secretary of Defense that
military passenger aircraft should be modified with modern
safety-related equipment such as global positioning system
receivers, flight data recorders, cockpit voice recorders,
ground proximity warning systems, and traffic collision and
avoidance systems. The conferees direct the Department of
Defense to evaluate using commercial equipment to meet these
requirements. The conferees direct that House and Senate
reporting requirements be combined, and that no fiscal year
1997 funds be obligated until these reports are provided to the
congressional defense committees.
information systems security
The conferees are concerned about the potential for
unauthorized entry into Department of Defense information
systems. The intelligence community believes that numerous
foreign countries are developing ``information warfare''
capabilities designed to exploit the accessibility of computer
and communications systems. Department of Defense personnel
must understand how they are impacted by this threat as well as
what their roles and responsibilities are as key implementors
of the Department's information protection strategy.
Consequently, effective information security training is an
essential component of countering this threat. The conferees
recommend that services and defense agencies which have not yet
developed computer security procedures should consider the
procurement of commercial-off-the-shelf computer security
training and training management software such as the Air
Force's Safeware.
Aircraft Procurement, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
ARL (TIARA).................................... 24,742 35,242 24,742 ........... 29,942
GUARDRAIL COMMON SENSOR (TIARA)................ 1,081 11,081 1,081 ........... 5,000
----------------------------------------------------------------------------------------------------------------
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Airborne Avionics........................................... 40,819 60,919 40,819 48,319
GPS-Blackhawk and Chinook............................... ........... 15,000 0 7,500
GPS-passenger carrying aircraft......................... ........... 5,100 0 0
----------------------------------------------------------------------------------------------------------------
Missile Procurement, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
MISSILE PROCUREMENT, ARMY:
PATRIOT SYSTEM SUMMARY (MYP)................. 2,862 ........... 2,862 ........... ...........
PATRIOT MODS................................. 11,464 21,464 23,464 ........... 23,464
----------------------------------------------------------------------------------------------------------------
patriot modifications
The conferees agree to provide $23,464,000 for Patriot
modifications. The additional funds are provided for the GEM +/
- upgrade and the Integrated Diagnostic Support System and may
be distributed between the two programs at the discretion of
the Army.
Other Procurement, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
OTHER PROCUREMENT, ARMY:
SMART-T (SPACE).............................. 45,427 34,727 45,427 ........... 34,727
SCAMP (SPACE)................................ 23,555 14,455 23,555 ........... 14,455
TSEC--INFORMATION SYSTEM SECURITY............ 10,678 30,078 10,678 ........... 20,000
INFORMATION SYSTEMS.......................... 24,668 24,668 53,668 ........... 48,668
FT CARSON COMMUNICATIONS..................... ........... 200 ........... ........... 200
GENERAL DEFENSE INTELL PROG (GDIP)........... 12,649 16,649 26,349 ........... 22,849
ITEMS LESS THAN $2.0M (INTEL SPT)--TIARA..... 2,151 9,051 2,151 ........... 9,051
ALL SOURCE ANALYSIS SYS (ASAS) (TIARA)....... 12,297 12,297 23,997 ........... 12,297
JTT/CIBS-M (TIARA)........................... 14,010 19.010 14,010 58 19,010
TROJAN (TIARA)............................... 2,603 4,203 2,603 ........... 4,203
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES. 1,642 1,642 8,142 ........... 1,642
INTEGRATED MET SYS SENSORS (IMETS)--TIARA.... 3,144 5,144 3,144 6 3,144
----------------------------------------------------------------------------------------------------------------
Aircraft Procurement, Navy
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, NAVY:
P-3 SERIES................................... 128,560 201,960 200,760 ........... 180,760
REEF POINT................................... ........... ........... 55,000 ........... ...........
----------------------------------------------------------------------------------------------------------------
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
EP-3 Series..................................... 35,429 45,429 36,429 36,429
Sensor upgrade.............................. .............. +10,000 .............. ..............
LESPA....................................... .............. .............. +1,000 +1,000
P-3 Series...................................... 128,560 201,960 200,760 180,760
Additional AIP kits......................... .............. +87,000 +87,000 +61,000
Additional SRP kits......................... .............. +4,000 .............. +4,000
LESPA....................................... .............. .............. +2,800 +2,800
Digital USH-42.............................. .............. .............. .............. +2,000
roll on/off intell.......................... .............. -17,600 -17,600 -17,600
----------------------------------------------------------------------------------------------------------------
Other Procurement, Navy
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
OTHER PROCUREMENT, NAVY:
TADIX-B...................................... 4,243 15,243 4,243 ........... 15,243
SATCOM SHIP TERMINALS (SPACE)................ 115,837 115,837 145,837 ........... 140,837
SATCOM SHORE TERMINALS (SPACE)............... 24,653 24,653 29,653 ........... 29,653
PREDATOR UAV (DARP).......................... ........... ........... 65,791 ........... 115,791
PIONEER UAV (DARP)........................... ........... ........... ........... ........... 25,567
TACTICAL UAV................................. ........... ........... 12,588 ........... ...........
----------------------------------------------------------------------------------------------------------------
predator unmanned aerial vehicle system
The conferees agree with the House recommendation to
provide an additional $50,000,000 only for the procurement of
additional Predator UAV systems. The conferees fully support
the Joint Chiefs of Staff requirement for sixteen systems. The
UAV Joint Program Office has a contract in place that was
developed for interim production which will be used as the
basis for full production.
The Predator system concept of operations was developed
by the Combatant Commander, CINCUSACOM, using a Forward Control
Element (FCE) concept. The conferees have no objection to the
Services operating and maintaining the Predator System for
joint use as long as the FCE concept is maintained.
Procurement, Marine Corps
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conferences
----------------------------------------------------------------------------------------------------------------
PROCUREMENT, MARINE CORPS:
INTELLIGENCE SUPPORT EQUIPMENT............... 26,372 40,572 26,372 ........... 32,172
MOD KITS (INTEL)............................. 11,955 13,080 11,955 ........... 13,080
ITEMS LESS THAN $2M (INTELL)................. ........... 425 ........... ........... 425
----------------------------------------------------------------------------------------------------------------
Aircraft Procurement, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, AIR FORCE:
GPS/FDR...................................... ........... 139,200 ........... ........... ...........
AIRBORNE RECONNAISSANCE (MANNED)............. ........... ........... 268,066 ........... 279,786
DARP......................................... 66,186 409,186 ........... ........... ...........
MISC PRODUCTION CHARGES...................... 210,654 210,654 185,948 ........... 194,654
DARP......................................... 150,742 150,742 ........... ........... ...........
AIRBORNE RECONNAISSANCE SUPPORT (DARP)....... ........... ........... 150,742 ........... 150,742
----------------------------------------------------------------------------------------------------------------
rc-135 rivet joint
The conferees recognize the importance of a robust Rivet
Joint program and have increased funds to obtain two aircraft,
re-engine four aircraft and perform sensor upgrades on the
fleet.
Missile Procurement, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
MISSILE PROCUREMENT, AIR FORCE:
GLOBAL POSITIONING (MYP) SPACE.......................... 171,135 181,235 171,135 3 171,135
SPACE BOOSTERS SPACE.................................... 489,606 405,806 388,306 ........ 432,606
MEDIUM LAUNCH VEHICLE SPACE............................. 135,361 131,361 135,361 3 135,361
MEDIUM LAUNCH VEHICLE SPACE (AP-CY)..................... 40,238 30,538 40,238 ........ 40,238
DEFENSE SUPPORT PROGRAM (MYP) SPACE..................... 70,967 45,967 70,967 ........ 70,967
DEFENSE SATELLITE COMM SYSTEM SPACE..................... 22,729 25,529 22,729 ........ 25,529
SPECIAL UPDATE PROGRAMS................................. 301,368 301,368 251,535 ........ 259,535
SPECIAL PROGRAMS........................................ 774,800 604,000 803,900 ........ 618,500
----------------------------------------------------------------------------------------------------------------
Other Procurement, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
OTHER PROCUREMENT, AIR FORCE:
INTELLIGENCE DATA HANDLING SYS.................. 14,009 14,009 20,309 .......... 14,009
SPACE BASED IR SENSOR PROG SPACE................ 25,939 25,939 .......... .......... ..........
INTELLIGENCE PRODUCTION ACTIVITY................ 64,977 76,997 64,377 .......... 64,377
DARP............................................ 77,074 77,074 .......... .......... ..........
AIRBORNE RECONNAISSANCE PROJECTS (DARP)......... .......... .......... 77,074 .......... 77,074
COMMON IMAGERY GROUND SURFACE SYSTEM (CIGSS).... .......... .......... 90,988 .......... ..........
SELECTED ACTIVITIES............................. 4,661,580 4,758,580 4,066,752 .......... 4,573,561
SPECIAL UPDATE PROGRAM.......................... 176,455 113,255 175,402 .......... 175,402
----------------------------------------------------------------------------------------------------------------
Procurement, Defense-Wide
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
PROCUREMENT, DEFENSE-WIDE:
MAJOR EQUIPMENT, OSD.................................... 136,218 219,718 136,218 ........ 186,218
HIGH SECURITY LOCKS..................................... ........ ........ 20,000 ........ ..........
COMMON DISSEM & GROUND STATION SYSTEMS (DARP)........... 168,867 248,867 ........ ........ 93,011
CORPORATE INFORMATION MANAGEMENT........................ ........ ........ 5,000 ........ ..........
INFORMATION RESOURCES MANAGEMENT........................ ........ 35,000 ........ ........ 20,000
CLASSIFIED EQUIPMENT.................................... ........ ........ 23,746 ........ ..........
DEFENSE AIRBORNE RECONNAISSANCE PROGRAM................. 13,746 13,746 ........ ........ 13,746
INFORMATION SYSTEMS SECURITY............................ 17,136 43,136 17,136 ........ 30,136
AUTOMATIC DOCUMENT CONVERSION SYSTEM.................... ........ 38,800 ........ ........ 10,000
C-130 MODIFICATIONS..................................... 86,677 104,777 110,477 ........ 104,577
PC, CYCLONE CLASS....................................... ........ ........ ........ ........ 6,000
AMMUNITION PROGRAMS:
SELECTABLE LIGHTWEIGHT ATTACK MUNITION (SLAM)........... ........ 1,500 5,000 ........ 3,000
TIMES RELAY FIRING DEVICES.............................. ........ ........ 8,000 ........ 4,000
OTHER PROCUREMENT PROGRAMS:
MARITIME EQUIPMENT MODIFICATIONS........................ 4,,833 4,833 4,833 ........ 10,833
COMM EQUIPMENT & ELECTRONICS............................ 26,617 26,617 39,617 ........ 36.017
SOF INTELLIGENCE SYSTEMS................................ 19,833 19,833 24,333 ........ 20,833
SPECIAL WARFARE EQUIPMENT............................... 5,030 5,030 579 ........ 579
MISCELLANEOUS EQUIPMENT................................. 3,030 3,030 15,230 ........ 15,230
ADVANCED SEAL DELIVERY SYSTEM (ASDS).................... ........ 2,800 4,400 ........ 4,400
CHEMICAL/BIOLOGICAL DEFENSE:
CBDP--INDIVIDUAL PROTECTION............................. 53,785 140,085 53,785 ........ 93,785
JOINT BIO DEFENSE PROGRAM............................... 60,619 60,619 60,619 ........ 53,219
CLASSIFIED PROGRAMS..................................... 399,638 434,239 399,638 ........ 427,238
----------------------------------------------------------------------------------------------------------------
explanation of project level adjustments
[In thousands]
------------------------------------------------------------------------
Budget House Senate Conference
------------------------------------------------------------------------
Major Equipment, OSD.......... 136,218 219,718 136,218 186,218
Enhanced strategic
mobility................. ........ 25,000 ........ 10,000
Natural gas vehicles...... ........ 10,000 ........ 10,000
Mentor protege program.... ........ 10,000 ........ 10,000
Army high performance
computing research ctr.
(AHPCRC)................. ........ 38,500 ........ 20,000
Special Operations Command
Aviation programs
C-130 Modifications....... 86,777 104,777 110,477 104,577
Modification of 2 EC-130J
for Air National Guard... ........ 18,100 ........ ..........
Special operations mode... ........ ........ 23,800 17,900
Shipbuilding
PC Cyclone Class GFE...... ........ ........ ........ 6,000
Ammunition programs
Selectable Lightweight
Attack Munition (SLAM)... ........ 1,500 5,000 3,000
Times Relay Firing Devices ........ ........ 8,000 4,000
Other Procurement
Maritime Equipment Mode 4,833 4,833 4,833 10,833
PC-Cyclone self
defense weapons
upgrades [Note: The
Conferees direct that
$6,000,000 is
available only for PC-
Cyclone self defense
weapons upgrades.]... ........ ........ ........ 6,000
Miscellaneous Equipment....... 3,030 3,030 15,230 15,230
Wireless intercom systems. ........ ........ 4,100 4,100
Active noise reduction for
fixed wing assets........ ........ ........ 6,600 6,600
Body armor................ ........ ........ 1,500 1,500
------------------------------------------------------------------------
chemical and biological defense programs
individual protection
The conferees reiterate the concerns raised in the House
report about long-standing and continuing shortages of chemical
and biological defense equipment, including such basic items as
protective suits. The conferees note that the GAO has
criticized the Assistant Secretary of Defense (Atomic Energy)
(Chemical and Biological Matters) for failure to deliver timely
work products that prioritize chemical and biological defense
research efforts and modernization plans. The conferees urge
the Secretary to take appropriate steps to expedite necessary
actions. The conference agreement provides an increase of
$40,000,000 only for the purchase of improved protective suits
to meet identified shortfalls. These funds shall be used to
purchase additional Joint Service Lightweight Integrated Suits
(JSLIST) beyond the number of units budgeted in fiscal year
1997. The conferees stress that the JSLIST program should not
be structured as a static program in which further improvements
in fabric or garment technologies cannot be incorporated into
near term follow-on procurements. The conferees fully support
actions to expedite the evaluation of recently developed fabric
and garment technologies and expected that the JSLIST program
will be able to swiftly accommodate such improvements.
defense airborne reconnaissance program
The conferees agree that airborne reconnaissance programs
should be coordinated with the Defense Airborne Reconnaissance
Office, but remain concerned that inconsistencies exist in the
way procurement funds are aligned between service and defense-
wide accounts. Therefore, the conferees concur with the Senate
position to transfer the funding for procurement programs to
the Service accounts, while maintaining their identities under
the DARP. Program management shall remain within the Services;
however, consultation with the Defense Airborne Reconnaissance
Office is required prior to making significant changes to
existing programs.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RECAPITULATION
RDTE, ARMY...................................... 4,320,640 4,874,537 5,107,283 5,062,763
RDTE, NAVY...................................... 7,334,734 8,399,357 8,067,543 8,208,946
RDTE, AIR FORCE................................. 14,417,456 14,869,573 14,778,540 14,499,606
RDTE, DEFENSE-WIDE.............................. 8,398,836 9,068,558 9,190,092 9,362,800
DEVELOPMENTAL TEST AND EVALUATION............... 252,038 272,038 269,038 282,038
OPERATIONAL TEST AND EVALUATION................. 21,968 26,968 21,968 24,968
---------------------------------------------------------------
GRAND TOTAL, RDTE......................... 34,745,672 37,511,031 37,434,464 37,441,121
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Army
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RESEARCH DEVELOPMENT TEST & EVAL ARMY;
TRACTOR ROSE.................................. 2,131 3,131 2,131 3,131
TRACTOR HIP................................... 8,152 9,152 8,152 8,152
NAUTILUS/THEL................................. .............. .............. 55,000 45,000
TRACTOR HIKE.................................. 17,176 22,176 17,176 17,176
TRACTOR RED................................... 5,125 8,625 5,125 8,625
TRACTOR ROSE.................................. 5,078 6,778 5,078 5,078
ARMY MISSILE DEFENSE SYSTEMS INTEGRATION (DEM/
VAL)......................................... 2,884 2,884 29,884 22,884
TACTICAL ELECTRONIC SUPPORT SYSTEMS--ADV DEV.. 2,025 9,825 2,025 4,025
ALL SOURCE ANALYSIS SYSTEM.................... 36,200 36,200 38,200 40,200
ARMY KWAJALEIN ATOLL.......................... 136,864 136,864 146,864 146,864
DOD HIGH ENERGY LASER TEST FACILITY........... 2,967 91,700 24,667 30,667
AEROSTAT JOINT PROJECT OFFICE................. 38,940 38,940 31,940 26,940
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT
PROGRAM...................................... 30,959 50,959 85,959 65,959
SPECIAL ARMY PROGRAM.......................... 10,185 13,485 10,185 11,185
CLASSIFIED PROGRAM............................ .............. .............. .............. 2,000
----------------------------------------------------------------------------------------------------------------
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Command, Control, Communications Advanced
Technology..................................... 23,120 23,120 35,620 30,120
Wavenet technology.......................... .............. .............. 4,000 2,000
Space Applications Technology Program....... .............. .............. 3,500 0
Field Laser Radar Demo Data Analysis Center. .............. .............. 5,000 5,000
Global Surveillance/Air Defense/Precision Strike
Demonstration.................................. 40,258 40,258 25,258 22,658
Survivable armed reconnaissance on the
digital battlefield........................ .............. 0 -15,000 -17,600
Tactical Electronic Support Sys--Adv Dev........ 2,025 9,825 2,025 4,025
ASIS-IFAD................................... .............. 7,800 0 0
(Note: Transferred to All Source Analysis
Systems.)
Integrated battlespace intell server............ .............. 0 0 2,000
(Note: Transferred from All Source Analysis
Systems)
All Source Analysis System...................... 36,200 36,200 38,200 40,200
Integrated battlespace intell server........ .............. 0 2,000 0
(Note: Transferred to Tactical Electronic
Support Systems--Adv Dev)
ASAS-IFAD................................... .............. 0 0 4,000
(Note: Transferred from Tactical Electronic
Support System)
HELSTF...................................... .............. 21,733 21,700 21,700
THEL/NAUTILUS............................... .............. 55,000 0 0
High energy solid state laser development... .............. 12,000 0 6,000
Aerostat Joint Project Office................... 38,940 38,940 31,940 26,940
Risk reduction program...................... .............. 0 -3,000 -3,000
Management office and support............... .............. 0 -4,000 -4,000
Program reduction........................... .............. 0 0 -5,000
Missile/Air Defense Product Improvement......... 30,959 50,959 85,959 65,959
Patriot anti-cruise missile upgrade......... .............. 20,000 40,000 35,000
Starstreak evaluation....................... .............. 0 15,000 0
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Navy
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RESEARCH DEVELOPMENT TEST & EVAL NAVY
UNDERSEA SURVEILLANCE WEAPON TECHNOLOGY................... 49,580 49,580 50,080 50,080
RETRACT MAPLE............................................. 83,809 114,009 83,809 83,809
LINK PLUMERIA............................................. 26,433 28,933 41,433 35,933
RETRACT ELM............................................... 24,993 30,793 30,143 24,993
P-3 MODERNIZATION PROGRAM................................. 2,074 14,074 2,074 8,074
AEGIS COMBAT SYSTEM ENGINEERING........................... 89,279 93,279 103,279 92,279
JSTARS NAVY............................................... ........... 10,000 ........... ...........
DISTRIBUTED SURVEILLANCE SYSTEM........................... 35,194 70,194 35,194 55,194
MARINE CORPS COMMUNICATIONS SYSTEMS....................... 56,687 61,242 56,687 61,242
DEFENSE METEOROLOGICAL SATELLITE PROGRAM (SPACE).......... 1,195 1,195 16,195 13,695
TACTICAL UNMANNED AERIAL VEHICLE.......................... ........... ........... 66,808 ...........
PREDATOR.................................................. ........... ........... 6,099 ...........
CLASSIFIED PROGRAMS....................................... 501,598 669,598 501,598 575,298
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Air Force
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RESEARCH DEVELOPMENT TEST & EVAL AF:
SPACE AND MISSILE ROCKET PROPULSION......................... 15,740 25,740 15,740 23,240
ADVANCED SPACECRAFT TECHNOLOGY.............................. 39,367 70,637 89,637 76,637
ADVANCED WEAPONS TECHNOLOGY................................. 41,895 66,895 61,895 56,895
ADVANCED MILSATCOM (SPACE).................................. 31,643 31,643 16,543 31,643
POLAR ADJUNCT (SPACE)....................................... 62,387 22,387 62,387 62,387
NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATE...... 34,024 19,024 29,000 29,000
SPACE BASED INFRARED ARCHITECTURE (SPACE)--DEM/VAL.......... 120,151 249,151 254,151 249,151
EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)--DEM...... 44,457 44,457 74,457 44,457
SPACE ARCHITECT OFFICE...................................... 15,000 15,000 10,601 11,601
COMBAT INTELLIGENCE SYSTEM--EMD............................. 1,943 2,943 1,943 2,943
SPACE BASED INFRARED ARCHITECTURE (SPACE)--EMD.............. 173,290 173,290 199,190 199,190
JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS)...... 11,075 30,875 11,075 30,875
JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS)...... 207,284 203,784 207,284 203,784
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE)....................... 8,152 8,152 33,252 33,252
SPECIAL EVALUATION PROGRAM.................................. 53,495 53,495 37,195 37,195
THEATER BATTLE MANAGEMENT (TBM) C4I......................... 30,915 30,915 35,915 34,415
THEATER MISSILE DEFENSES.................................... 22,285 22,285 34,285 31,285
TECHNICAL EVALUATION SYSTEM................................. 114,603 114,603 102,603 114,603
SPECIAL EVALUATION SYSTEM................................... 41,776 53,476 41,776 41,776
DEFENSE SATELLITE COMMUNICATIONS SYSTEM (SPACE)............. 24,527 28,127 24,527 28,127
MILSTAR SATELLITE COMMUNICATIONS SYSTEM (SPACE)............. 26,962 26,962 20,348 20,348
SELECTED ACTIVITIES......................................... 3,000 .......... 3,000 ..........
SATELLITE CONTROL NETWORK (SPACE)........................... 89,960 86,960 89,960 86,960
TITAN SPACE LAUNCH VEHICLES (SPACE)......................... 105,472 102,472 105,472 102,472
ARMS CONTROL IMPLEMENTATION................................. 26,786 31,386 26,786 29,086
DEFENSE METEOROLOGICAL SATELLITE PROGRAM (SPACE)............ 17,964 17,964 15.664 15,664
NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SP)..... 32,450 24,950 37,450 31,250
SPACETRACK (SPACE).......................................... 18,867 18,867 33,867 33,867
DEFENSE SUPPORT PROGRAM (SPACE)............................. 29,397 26,397 29,397 26,397
SUPPORT SYSTEMS DEVELOPMENT................................. 5,405 5,405 5,405 8,405
AIRBORNE RECONNAISSANCE GROUND STATION...................... .......... .......... 2,419 ..........
DISTRIBUTED COMMON GROUND STATION........................... .......... .......... 5,116 ..........
ADVANCED SENSOR DEVELOPMENT................................. .......... .......... 66,367 ..........
ADVANCED TECHNOLOGY AND SENSORS............................. .......... .......... 17,523 ..........
COMMON DATA LINK............................................ .......... .......... 22,931 ..........
U-2......................................................... .......... .......... 28,918 ..........
COMMON IMAGERY GROUND SURFACE SYSTEM........................ .......... .......... 55,280 ..........
CLASSIFIED PROGRAMS......................................... 4,844,501 4,862,501 4,702,927 4,576,857
COBRA BALL (FLD)............................................ .......... .......... 5,000 5,000
----------------------------------------------------------------------------------------------------------------
explanation of project level adjustments
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Phillips Lab Exploratory Development......................... 121,107 148,007 135,607 153,507
IHRPT.................................................... .......... 7,000 7,000 5,000
RSLP..................................................... .......... 9,800 ........... 9,800
Mightysat................................................ .......... 10,100 ........... 10,100
High Frequency Active Auroral Research Program........... .......... ........... 7,500 7,500
Electronic Combat Technology................................. 25,202 30,102 25,202 27,602
Laser IR Countermeasures................................. .......... 5,000 ........... 2,400
Space and Missile Rocket Propulsion.......................... 15,740 25,740 15,740 23,240
IHRPT.................................................... .......... 5,000 ........... 2,500
Pentaborane is Disposal.................................. .......... 2,000 ........... 2,000
Low Cost EELV............................................ .......... 3,000 ........... 3,000
Advanced Spacecraft Technology............................... 39,637 70,637 89,637 76,637
Reusable Launch Vehicles................................. .......... 25,000 ........... 10,000
MSTI..................................................... .......... 3,000 ........... 2,000
Power Storage Technology................................. .......... 2,000 ........... ...........
Clementine II............................................ .......... ........... 50,000 25,000
Advanced Weapons Technology.................................. 41,895 66,895 61,895 56,895
Space Laser Imaging Technology........................... .......... 15,000 10,000 10,000
Laser Induced Microwave Emissions........................ .......... 10,000 10,000 5,000
Space Based Infrared Architecture............................ 120,151 249,151 254,151 249,151
SMTS..................................................... .......... 134,000 134,000 134,000
Program Support.......................................... .......... -5,000 ........... -5,000
Space Architect Office....................................... 15,000 15,000 10,601 11,601
O&M Transfer/Studies..................................... .......... ........... -3,399 -2,399
Studies.................................................. .......... ........... -1,000 -1,000
Theater Battle Management (TBM) C41.......................... 30,915 30,915 35,915 34,415
TBM Core Systems......................................... .......... ........... 5,000 3,500
Theater Missile Defense...................................... 22,285 22,285 34,285 31,285
UH-1N Simulator for TACCSF............................... .......... ........... 9,000 7,000
TACCSF Adv distributed simulation connection............. .......... ........... 3,000 2,000
Arms Control Implementation.................................. 26,786 31,386 26,786 29,086
Seismic Research......................................... .......... 4,600 ........... 2,300
Navstar GPS (User Equipment)................................. 32,450 24,950 37,450 31,250
Program Reduction........................................ .......... -7,500 ........... -3,700
GPS Protection........................................... .......... ........... 5,000 2,500
Spce Track................................................... 18,867 18,867 33,867 33,867
AEOS..................................................... .......... ........... 8,500 8,500
AMOS..................................................... .......... ........... 6,500 6,500
(Note: The conferees direct that $1,700,000 of the AEOS
increase shall be available to continue development of the
AEOS spectrograph)
Industrial Preparedness...................................... 49,969 51,969 69,969 52,969
General Increase......................................... .......... 2,000 11,400 3,000
SPARES................................................... .......... ........... 5,400 ...........
Hazmat Pats.............................................. .......... ........... 3,200 ...........
Productivity, Reliability, Availability, Maintain, Program... 13,564 16,564 18,064 16,564
Blade Repair Program Modeling............................ .......... 3,000 4,500 3,000
Support Systems Development.................................. 5,405 5,405 5,405 8.405
SPARES................................................... .......... ........... ........... 3,000
[Note: SPARES program transferred from Industrial
Preparedness program element]
Cobra Ball................................................... .......... ........... +5,000 +5,000
FLD advanced airborne sensor............................. .......... ........... +5,000 +5,000
----------------------------------------------------------------------------------------------------------------
intercontinental ballistic missile--demonstration/validation
The conferees agree to add $17,700,000 to this program
element and direct that these funds may be used to develop both
Global Positioning System (GPS) range safety modifications and
improved accuracy capabilities for conventional ICBM precision
strike.
evolved expendable launch vehicle (EELV) Program
The conferees do not agree to the Senate provision which
directed that the use of the Centaur Processing Facility at
Cape Canaveral Air Force Station be included in the baseline
specifications and requirements of the EELV family of space
boosters.
awacs
The conferees agree to provide $82,559,000 for AWACS, an
increase of $25,000,000 only for an AWACS reengining program.
The conferees direct the Air Force to provide a detailed report
to the Committee on Appropriations on the schedule, technical
risks, annual and total program costs, and acquisition strategy
not later than April 1, 1997. The Air Force is further directed
to consult with the Committees on Appropriations well in
advance of selecting an acquisition strategy involving the
leasing of engines.
arms control implementation
The Air Force requested $26,786,000 for arms control
implementation. The conferees recommend $29,086,000, an
increase of $2,300,000. This increase provides a total of
$8,800,000 for CTBT monitoring research. Of this amount
$7,100,000 shall be available only for peer-reviewed basic
research in the field of explosion seismology, and $1,700,000
shall be available for research efforts in complementary
disciplines, such as hydroacoustics, infrasound and
radionuclide analyses. The conferees direct the Department to
maintain its successful collaboration with the external
research community and to continue to award these funds through
a competitive peer panel review process, which includes non-
governmental reviewers from the external research community as
panel members.
The conferees direct that the $8,800,000 for nuclear test
monitoring research can be used only to support documented Air
Force operational monitoring requirements. Further, the
conferees direct the Department to provide sufficient funding
in future year budget requests to provide for a stable and
robust seismic research program.
The conferees also commend the nuclear test monitoring
work of the Air Force Phillips Laboratory and are concerned
that a reorganization of these activities may adversely impact
vital nuclear test monitoring efforts. The conferees direct
that the Department report to Congress 60 days before
implementing any reorganization impacting Phillips Laboratory
seismic research activities and personnel.
podded reconnaissance system
The conferees direct the Office of the Secretary of
Defense to strongly consider conducting a competitive fly-off
of industry provided equipment for the second sensor to be
provided under the Tactical Airborne Reconnaissance System pre-
planned product improvement effort. A report on the results of
these considerations as to the advantages and disadvantages of
such an acquisition strategy, including the impact of such a
strategy on inter-service interoperability and commonality of
systems and imagery products and cost effectiveness of current
and leading-edge technologies, shall be submitted to the
Committees on Appropriations not later than April 15, 1997.
Research, Development, Test and Evaluation, Defense-Wide
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
RESEARCH DEVELOPMENT TEST & EVAL DEFWIDE:
CEMICAL AND BIOLOGICAL DEFENSE PROGRAM...... 28,739 30,939 28,739 29,939
ASAT PROGRAM................................ .............. .............. 75,000 50,000
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM..... 65,273 65,273 73,173 69,273
COUNTERPROLIFERATION SUPPORT--ADV DEV....... 54,142 54,142 61,610 58,610
DARPA CLASSIFIED PROGRAMS................... .............. .............. 220,638 180,638
THEATER HIGH-ALTITUDE AREA DEFENSE SYSTEM--
TMD--DEM/.................................. 269,000 409,000 304,000 344,000
CORPS SURFACE-TO-AIR MISSILE--TMD--DEM/VAL.. 56,232 .............. 56,200 30,000
BOOST PHASE INTERCEPT THEATER MISSILE
DEFENSE ACQUISITION........................ .............. .............. 24,300 24,300
NATIONAL MISSLE DEFENSE--DEM/VAL............ 508,437 858,437 808,437 833,437
OTHER THEATER MISSILE DEFENSE/FOLLOW-ON TMD
ACTIVITIES................................. 520,111 520,111 515,743 525,511
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM--DEM/
VAL........................................ 54,511 54,511 47,511 49,511
ENDURANCE UNMANNED AERIAL VEHICLES.......... .............. .............. 175,247 ..............
GENERAL REDUCTION--BMD...................... .............. -15,000 .............. ..............
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM--EMD 89,915 97,115 89,915 99,515
THEATER HIGH-ALTITUDE AREA DEFENSE SYSTEM--
TMD--EMD................................... 212,798 212,798 317,798 277,798
TECHNICAL STUDIES, SUPPORT ANALYSIS......... 35,101 .............. 31,248 31,248
TECHNICAL ASSISTANCE........................ 4,785 .............. 4,785 ..............
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM..... 16,708 22,708 16,708 16,708
DEFENSE SUPPORT ACTIVITIES.................. 13,796 13,796 16,796 16,796
MANAGEMENT HEADQUARTERS (RESEARCH AND
DEVELOPMENT)............................... 36,369 32,643 36,369 34,469
DMA MAPPING, CHARTING, AND GEODESY (MC&G)
PRODUCTION................................. 100,997 90,997 100,997 90,997
DEFENSE AIRBORNE RECONNAISSANCE PROGRAM..... 438,559 562,059 .............. 487,059
DEFENSE RECONNAISSANCE SUPPORT ACTIVITIES
(SPACE).................................... 55,911 55,911 92,511 87,511
SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT... 4,083 6,083 4,083 6,083
SPECIAL OPERATIONS TACTICAL SYSTEMS
DEVELOPMENT................................ 83,923 89,323 98,074 97,874
SPECIAL OPERATIONS INTELLIGENCE SYSTEMS
DEVELOPMENT................................ 1,315 2,315 1,315 2,315
SOF OPERATIONAL ENHANCEMENTS................ 23,216 28,716 23,216 30,216
CLASSIFIED PROGRAMS......................... 1,202,794 1,323,132 1,231,794 1,238,794
DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION. .............. .............. 12,000 ..............
----------------------------------------------------------------------------------------------------------------
explanation of project level adjustments
[In thousands]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Chemical and Biological Defense Program...................... 65,273 65,273 73,173 69,273
Safeguard................................................ .......... ........... +7,900 +4,000
Defense Nuclear Agency....................................... 195,131 218,131 195,593 195,593
Bioenvironmental hazards research........................ .......... +5,000 +5,000 +5,000
Counter-terrorist explosive research..................... .......... +8,000 ........... +4,000
Thermionics.............................................. .......... +10,000 ........... +3,000
Deep digger.............................................. .......... ........... +3,000 +2,000
TOPAZ international program.............................. .......... ........... -15,538 -15,538
Johnston Island remediation.............................. .......... ........... +8,000 +2,000
[Note: The conferees direct that up to $4,800,000 shall be
made available only to terminate the Topaz space nuclear
reactor program.]
Counterproliferation Support................................. 54,142 54,142 61,610 58,610
High frequency active auroral research program........... .......... ........... +7,500 +7,500
Alternative agent defeat concept......................... .......... ........... -3,032 -3,032
Surgical strike vehicle.................................. .......... ........... +3,000 ...........
Support Technologies/Follow-on Technologies.................. 132,319 172,319 272,319 262,319
RAMOS.................................................... .......... ........... 20,000 +10,000
Advanced Interceptor Technology.......................... .......... 40,000 40,000 +40,000
Advanced technology development (seekers, interceptors,
photon laser spacecraft, scorpius, directed energy etc.) .......... ........... 80,000 +10,000
Space-based laser........................................ .......... ........... ........... +70,000
Sensors and guidance technology.............................. 101,477 ........... 94,477 110,977
Guidance technology program.............................. .......... ........... 10,499 10,499
Air defense initiative................................... .......... ........... 21,777 21,777
Sensor and exploitation systems.......................... .......... ........... 69,201 69,201
Large millimeter wave telescope.......................... .......... ........... +3,000 +1,500
Semiautomated IMINT processing........................... .......... ........... -10,000 -5,000
DARPA classified programs.................................... 170,638 170,638 220,638 180,638
Classified programs...................................... .......... ........... 170,638 +170,638
Classified DARPA initiative.............................. .......... ........... 50,000 +10,000
Advanced Sensor Applications Program......................... 24,001 26,501 28,001 25,501
Ocean remote sensing..................................... .......... +2,500 ........... 2,500
Submarine detection system competition................... .......... ........... +10,000 5,000
LGA physics.............................................. .......... ........... -6,000 -6,000
Ocean remote sensing..................................... .......... (5,000) ........... (4,000)
Other Theater Missile Defense/Follow-on TMD.................. 520,111 520,111 515,743 525,511
ARROW deployability project.............................. 31,300 ........... +3,700 +3,700
TMD existing systems modifications--EAGLE................ .......... ........... -19,766 -19,766
U.S./Israel boost phase intercept........................ .......... ........... -9,300 -9,300
Advanced Research Center................................. .......... ........... +7,000 +7,000
Cooperative engagement capability integration............ .......... ........... +5,000 +4,000
Airborne sensors for ballistic missile tracking.......... .......... ........... +19,766 +19,766
Kauai test facility at PMRF.............................. .......... ........... (5,000) (5,000)
General program reduction................................ .......... ........... -10,768 ...........
Endurance Unmanned Aerial Vehicles........................... .......... ........... 175,247 ...........
Endurance UAV--common.................................... .......... ........... 71,642 ...........
Low observable-high altitude UAV......................... .......... ........... 17,428 ...........
HAE-conventional UAV..................................... .......... ........... 71,428 ...........
Tier III Minus UAV....................................... .......... ........... 14,749 ...........
General Reduction............................................ .......... -15,000 ........... ...........
HNSC general reduction................................... .......... -15,000 ........... ...........
Chemical and Biological Defense Program--EMD................. 89,915 97,115 89,915 99,515
Biological warfare countermeasures....................... .......... +7,200 ........... +4,200
Bio medical (transferred from procurement, defense-wide). .......... ........... ........... +5,400
Defense Airborne Reconnaissance Program...................... 438,559 562,059 ........... 487,059
.......... +123,500 -438,559 ...........
Darkstar................................................. .......... ........... ........... +28,500
Global Hawk.............................................. .......... ........... ........... -10,000
CIGSS.................................................... .......... ........... ........... +7,500
EO Framing............................................... .......... ........... ........... +10,000
VTOL..................................................... .......... ........... ........... +15,000
MSAG..................................................... .......... ........... ........... +4,000
CDL...................................................... .......... ........... ........... -6,500
Defense Reconnaissance Support Activities (Space)............ 55,911 55,911 92,511 87,511
Application of DoD satellites to national needs Pacific
Disaster Center [Note: The conferees direct that the
disaster-related modeling and simulation efforts utilize
the existing high performance computing capabilities
available in the Pacific, including parallel processing
and advanced storage technology, to decrease the time
needed to render and display these models.]............. .......... ...........
........... +28,600
+8,000 +23,600
+8,000
Special Operations Tactical Systems Development.............. 83,923 89,323 98,074 97,874
Advanced seal delivery system............................ .......... +4,400 ........... +2,800
Full authority digital control........................... .......... +1,000 ........... +1,000
Rigid hull inflatable boat............................... .......... ........... +4,451 +4,451
Special operations command integration center............ .......... ........... +4,000 ...........
Penetration augmented munitions.......................... .......... ........... +3,800 +3,800
Integrated night/day observation/fire control device
(INOD).................................................. .......... ........... +1,900 +1,900
SOF Operational Enhancements................................. 23,216 28,716 23,216 30,216
Counterproliferation/wmd................................. .......... +5,500 ........... +4,000
Advanced special warfare craft [Note: The conferees
direct that $3,000,000 is only for the advanced special
warfare craft.]......................................... .......... ........... ........... +3,000
Classified Programs.......................................... 1,202,794 1,323,132 1,231,794 1,238,794
Increases to classified programs......................... .......... +120,338 +29,000 +36,000
----------------------------------------------------------------------------------------------------------------
other theater missile defense/follow-on tmd
The conferees agree with the Senate direction that the
Under Secretary of Defense (Acquisition and Technology)
(USD(A&T)) provide a plan for developing an airborne sensor
capability for tracking ballistic missiles. The conferees
further believe that analyses to develop this plan should
consider the opportunity to use the Airborne Laser sensors to
perform this mission. The conferees direct that operational
user requirements and perspectives and total program cost be
given priority consideration in selecting a system to provide
this capability. Because of the urgent need to deliver such a
system, the conferees direct that the USD(A&T) provide a plan
not later than January 19, 1997, for developing this capability
and allocating the appropriated funds. The conferees further
direct that DoD may obligate up to one-third of the
appropriated funds prior to the delivery of the plan to the
congressional defense committees. The conferees further direct
that any funds obligated prior to delivery of the required plan
shall be divided fairly between the AWACS EAGLE program and the
Rivet Joint Technology Transfer program.
u.s.-israel boost phase intercept program
The conferees endorse the joint effort between the United
States and Israel to develop a kinetic energy boost phase
interception system based on an unmanned aerial vehicle. This
technological approach contains great promise for intercepting
ballistic missiles over enemy territory and complements other
ongoing U.S. and Israeli TMD efforts. It is the expectation of
the conferees that, to make greatest use of the investment and
technological progress already made by our allies, the U.S.-
Israel joint effort will be based upon Israel's boost phase
intercept (IBIS) concept.
national missile defense
The conferees direct the Ballistic Missile Defense
Organization to provide $23,000,000 for the Air Force National
Missile Defense (NMD) initiative. The conferees express their
support for development and test activities which allow the
Defense Department to fully explore the Air Force concept, to
include utilizing the test facilities which provide a realistic
and representative test scenario. The conferees direct that the
Secretary of Defense shall concurrently inform the
congressional defense committees on the report required under
section 245 of the National Defense Authorization Act for
Fiscal Year 1997.
optical correlator
The conferees are aware that recent advances in optical
correlators make them practical for several key military and
civilian applications. One is the rapid processing of images
and information for real-time automatic target recognition to
support precision-guided weapons and target cueing for
surveillance systems; another is the rapid and detailed
processing of data collected by medical instruments to detect
and locate a variety of previously difficult-to-detect objects
in the body; and, within the criminal justice system, its
ability to rapidly scan and match massive amounts of data, such
as fingerprints.
The conferees are encouraged by the recently increased
interest expressed by DoD in optical correlators, particularly
for the F/A-18 and several guided missile programs. Therefore
the conferees direct the military services and DoD program
offices seeking to develop or procure automatic target
recognition (ATR) or cueing capabilities to immediately
leverage this unique dual use technology and provide additional
funds, within current program appropriations, to accelerate the
introduction of optical correlators into their weapon
inventories. The Secretary of Defense shall provide a report on
this effort to the congressional defense committees by January
31, 1997.
Advanced sensor applications program
The conferees have provided $10,000,000 for a technology
evaluation of systems performing selected non-acoustic
antisubmarine warfare missions. The conferees direct that other
concepts be given an opportunity to be evaluated. In
particular, the conferees are aware of a system which should be
included in this competition which takes advantage of the
collection and processing of hyperspectral data. The conferees
further direct that a variety of specific test scenarios be
utilized under this competition.
defense airborne reconnaissance program
The conferees agree with the House concern that the
Defense Airborne Reconnaissance Program (DARP) currently has
extraordinary latitude to realign funds with little
congressional oversight. Therefore the conferees direct that
five DARP program elements for RDT&E projects be created as
defined in House Report 104-286 and these program elements be
reflected in future budget submissions, beginning with the
fiscal year 1998 request. Further, in line with policy
direction regarding DARP acquisition programs contained in
Title III of this report, the conferees direct that when an
RDT&E program achieves Milestone III, funding and program
responsibility is to be transferred to the appropriate service.
The conferees also agree with the House recommendation to cap
the fiscal year 1997 budget for DARP Integration and Support
and DARO operations at $19,841,000.
The conferees agree to provide an additional $10,000,000
only for the development of the existing CA-260/261 EO framing
sensors.
Chemical Agents and Munitions Destruction, Defense
The conference agreement is as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House Senate Qty Conference
----------------------------------------------------------------------------------------------------------------
CHEM AGENTS & MUNITIONS DESTRUCTION, DEF:
CHEM DEMILITARIZATION--O&M................... 477,947 477,947 478,947 ........... 478,947
CHEM DEMILITARIZATION--PROC.................. 273,600 273,600 191,200 ........... 191,200
CHEM DEMILITARIZATION--RDTE.................. 48,300 48,300 88,300 ........... 88,300
----------------------------------------------------------------------------------------------------------------
alternative methods
The conferees recommend that the Department of Defense in
its alternative technology studies evaluate a non-thermal
chemical mixing neutralization process that does not depend on
the use or application of an external heat source. The
conferees suggest that this process be a batch process which
will render chemical weapons harmless in a period of two hours
or less and have a resident temperature below that of boiling
water at sea level.
Furthermore, the conferees recommend that the Department
of Defense include the use of plasma electric waste convertor
technology in its analysis of alternative methods.
mobile munitions assessment system
The conferees agree that of the funds available for
Research, Development, Test and Evaluation, $3,000,000 is only
for the development of advanced sensors for the Army's Mobile
Munitions Assessment System.
TITLE VII--RELATED AGENCIES
The conferees agree to the following amounts for Related
Agencies:
----------------------------------------------------------------------------------------------------------------
Budget House Senate Conference
----------------------------------------------------------------------------------------------------------------
Central Intelligence Agency Retirement and
Disability System Fund......................... 196,400,000 196,400,000 184,200,000 196,400,000
Intelligence Community Management Account....... 91,739,000 149,555,000 94,739,000 129,164,000
---------------------------------------------------------------
Total, Related Agencies....................... 303,239,000 355,955,000 294,039,000 340,664,000
----------------------------------------------------------------------------------------------------------------
TITLE VIII--GENERAL PROVISIONS
The conference agreement incorporates general provisions
of the House and Senate versions of the bill which were not
amended. Those general provisions that were amended in
conference follow:
The conferees agree to a general provision (Section 8037)
governing the activities of defense federally funded research
and development centers (FFRDC's).
The conferees recognize the preference by the Department
of Defense to limit the activities of defense FFRDC's through
the use of ceilings on the number of staff years of technical
effort (staff years). Therefore, for fiscal year 1997, the
conferees agree to statutory ceilings on defense FFRDC staff
years (5,975 overall and 1,088 for studies and analysis
FFRDC's).
The conferees, however, are concerned that the allocation
of staff years not obscure the budgetary impacts of funding the
FFRDC's. The conferees direct that the reports identifying the
staff years of technical effort allocated to each defense FFRDC
for fiscal years 1997 and 1998 also include the dollar amounts
required to fund each FFRDC's staff year allocations for each
fiscal year.
The conferees direct that, during fiscal year 1997,
should the institutional arrangements and agreements between
any defense FFRDC and the department, or the organization and
structure of any defense FFRDC, undergo a significant change,
the Secretary of Defense shall provide the Congressional
defense committees with a detailed report addressing the
effects of such a change on the staff years to be allocated for
that defense FFRDC under the statutory ceilings.
The conferees further direct that this report shall be
submitted not later than 60 days before the change is to occur
and shall contain information regarding: (1) the department's
ability to obtain services which had been provided by that
defense FFRDC, including whether the department intends to
obtain these services in the future under competitive or non-
competitive contracts, agreements, or procedures; (2) the cost,
budget, contractual, legal, and policy implications of the
change, including the impact of the change on the competitive
environment for the acquisition of such services; (3) the
disposition of any property--including real and personal
property, hardware, software, and intellectual property--
developed or obtained by the FFRDC through the payment of any
fee or other financing mechanism paid by the Federal
government, and whether the Federal government shall receive
the fair market value for any such property the ownership of
which may be transferred as a result of any significant change;
(4) whether any officers or employees of a defense FFRDC which
is involved in any such significant change shall receive any
salary or other compensation increase, or any bonus, as a
result of such a change, and the amount of any such increase or
bonus for each officer or employee; and (5) whether any such
significant change shall result in any liability for the
federal government with respect to personnel costs for the
defense FFRDC.
The conferees further agree to statutory language
reducing funds for defense FFRDC's and for non-FFRDC consulting
services used by the department.
The conferees included a general provision (Section 8038)
which prohibits funds from being used for studies on the
removal and transportation of chemical weapons or agents to
Johnston Atoll.
The conferees included a general provision (Section 8064)
which amends House language authorizing intelligence
activities.
The conferees included a general provision (Section 8065)
which amends the Senate language providing $40,000,000 and
specific directions for the conduct of an alternative
destruction program for the stockpile chemical weapons. The
conferees also included language prohibiting the expenditure of
any appropriated funds in this or any other Act for the study,
assessment, 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. The conferees agree
that this prohibition of funding for studies, assessments or
planning does not apply to studies of the transportation of the
end-product of an alternative technology treatment process to
locations other than the stockpile chemical weapons storage
sites.
The conferees included a general provision (Section 8068)
which amends Senate language allowing the Secretary of the Navy
to lease real or personal property at Naval Air Facility, Adak,
Alaska.
rescission of funds
The conferees agree to rescind excess prior year funds,
as presented in the following table:
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
FISCAL YEAR 1996
========================================================
MISSILE PROCUREMENT, AIR FORCE
Defense support program excess funds............... 0 -31,900,000 -31,900,000
--------------------------------------------------------
Subtotal......................................... 0 -31,900,000 -31,900,000
========================================================
Total fiscal year 1995........................... 0 -31,900,000 -59,500,000
========================================================
========================================================
========================================================
MISSILE PROCUREMENT, AIR FORCE:
Space boosters/Titan IV excess funds............... 0 -20,000,000 -20,000,000
--------------------------------------------------------
Subtotal......................................... 0 -20,000,000 -20,000,000
========================================================
OTHER PROCUREMENT, AIR FORCE:
Classified program................................. 0 0 -26,000,000
--------------------------------------------------------
Subtotal......................................... 0 0 -26,000,000
========================================================
========================================================
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE:
Classified program................................. 0 -75,000,000 0
--------------------------------------------------------
Subtotal......................................... 0 -75,000,000 0
========================================================
Total fiscal year 1996........................... 0 -95,000,000 -77,608,000
========================================================
Grand total...................................... 0 -126,900,000 -137,108,000
----------------------------------------------------------------------------------------------------------------
The conferees included a general provision (Section 8128)
which amends Senate language providing funds for defense
against weapons of mass destruction. The conferees agree to
provide $100,000,000 for defense against weapons of mass
destruction, including domestic preparedness, interdiction of
weapons of mass destruction and related materials, control and
disposition of weapons of mass destruction and related
materials threatening the United States, coordination of policy
and countermeasures against proliferation of weapons of mass
destruction, and miscellaneous related programs, projects, and
activities. The funds are available for transfer to, and merger
with, funds appropriated elsewhere in this Act.
Domestic preparedness against terrorist threats,
especially chemical or biological attacks against U.S. civilian
targets, is of paramount importance to the nation. Terrorist
organizations have shown the willingness and capability to
operate within the continental United States, and a terrorist
chemical attack in the Tokyo subway system has already
occurred.
While the armed services have developed capabilities to
evaluate chemical/biological threats, respond to such threats,
and protect and treat affected personnel, these capabilities
have been developed primarily to protect military personnel in
operational situations. The conferees believe much can and
should be done to transfer existing military chemical/
biological warfare expertise and technology to our civilian
``first responders'' in charge of protecting the civilian
population.
The conferees applaud the first small step in this
direction with the establishment of the ``Chemical-Biological
Incident Response Force'' in the Marine Corps which has rapid
deployment capability. Coupled with its unique civilian
advisory group, the CBIRF will become the nation's first
completely self-contained chemical and biological response
force. The bill includes $10,000,000 to upgrade the equipment
of this unit, including funds for prepositioned equipment at
key domestic locations. However, there is no doubt that much
more needs to be done to properly train and equip ``first
responders'' around the country.
The conferees direct the Secretary, in conjunction with
the Director of the Central Intelligence Agency, the Attorney
General, the Secretary of Energy, the Administrator of the
Federal Emergency Management Agency, and other pertinent
federal, state and local officials, to submit a report to
Congress (in both classified and unclassified forms) that:
(1) assesses the types and characteristics of
chemical and biological threats against U.S. citizens
and Government assets in the U.S. and the capability of
civilian agencies to respond to these threats;
(2) identifies the unmet training, equipment, and
other requirements of civilian first responders
necessary to provide a basic capability to respond to a
domestic chemical or biological attack;
(3) identifies DoD chemical/biological warfare
information, expertise, and equipment that could be
adapted to civilian application to help meet identified
requirements; and
(4) presents a detailed plan for DoD assistance in
equipping, training and providing other necessary
assistance for first responders to such incidents. The
conferees believe that the best approach for
implementing this effort may be a regional pilot
program to demonstrate and test the best methods to
upgrade the training and equipment of first responders.
The conferees also believe the National Guard is well
suited for having a leading role in implementing a plan to
provide training, technology and other DoD capabilities to
local first responders. The conferees endorse the directive in
the House Report (H. Rpt. 104-617, pp. 138-9) to review the
Department's ability to provide assistance in this regard and
direct that the report outlined by the House be incorporated
into this comprehensive review effort. The Secretary shall
submit this report to the congressional defense committees by
not later than May 1, 1997.
The conferees included a new general provision (Section
8132) that requires the Secretary of Defense to submit a report
on the establishment of the National Missile Defense Joint
Program Office.
The conferees included a general provision (Section 8135)
which makes a technical correction to the National Defense
Authorization Act for Fiscal Year 1997 regarding the ``Mike
O'Callaghan Military Hospital''.
The conferees included a general provision (Section 8136)
which makes a general reduction to Research, Development, Test
and Evaluation appropriations accounts with the exception of
funds appropriated for Ballistic Missile Defense.
The conferees have included two general provisions
(Sections 8137 and 8138), as well as a new title (Title IX), in
order to provide full funding of the President's request of
September 12, 1996, for additional Department of Defense
programs and initiatives relating to anti-terrorism, counter-
terrorism, and security enhancements.
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Assistance for the New Independent States of the Former Soviet Union
The conference agreement appropriates $625,000,000
instead of $590,000,000 as proposed by the House and
$640,000,000 as proposed by the Senate. The agreement also
inserts House language applying the waiver authority of Sec.
498B(j) of the Foreign Assistance Act to funds appropriated
under this heading, but the managers share the Senate concern
that such waivers of existing law should be utilized
infrequently.
Russia-Iran
Obligation of funds for Russia is made contingent on a
determination by the President that the Government of Russia
has terminated implementation of arrangements to provide Iran
with certain goods and services related to nuclear programs in
Iran. The managers also include a provision allowing the
President to waive the provisions of the paragraph on national
security grounds. The Senate had no similar waiver provision.
Ukraine
The conference agreement earmarks $225,000,000 for
Ukraine. Within this earmark, the managers have included a
number of sub-earmarks designed to support critical socio-
economic and political needs. Programs to improve nuclear
safety, small business development, agricultural productivity
and legal reforms continue to be high priorities. Support for
initiatives in these areas strengthen prospects for Ukraine's
economic prosperity and political independence, which in turn,
contribute to regional stability, a key concern to the United
States.
The conference has included Senate language terminating
assistance to the Government of Ukraine if the President
determines and reports to the Committees that the Government of
Ukraine is engaged in military cooperation with the Government
of Libya. There was no similar House provision. The managers
have also included a Presidential waiver based on national
security findings.
Belarus
Little space remains for political dissent in Belarus,
and the failing economy is rapidly moving toward complete state
control. Under these circumstances, which have led to
Belaurussian leaders of the opposition seeking asylum in the
United States, the managers do not expect that any funds made
available under this heading will be used to support the
current Government of Belarus.
nonproliferation, anti-terrorism, demining and related programs
The conference agreement appropriates $151,000,000 for
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' instead of $140,000,000 as proposed by the Senate
and $135,000,000 as proposed by the House.
korean peninsula energy development organization
The conference agreement also inserts language which
provides that not to exceed $25,000,000 may be made available
to the Korean Peninsula Energy Development Organization (KEDO)
only for administrative expenses and heavy fuel oil costs
associated with the Agreed Framework. The conference agreement
further provides that before obligating funds to KEDO the
President must certify to the Congress that: the U.S. is taking
steps to assure progress is being made on the implementation of
the denuclearization agreement and the North-South Dialogue;
North Korea is complying with the other provisions of the
Agreed Framework; North Korea is cooperating fully in the
canning and storage of spent fuel; and North Korea has not
significantly diverted assistance. These certification
requirements may be waived by the President if he deems it
vital to the national security interests of the United States
and no funds may be obligated until 30 days after submission of
the waiver. The agreement further provides that before
obligating any funds for KEDO the President shall submit a
report to Congress on: North Korean cooperation with United
States on the return of the remains of Korean War MIAs;
violations of the Armistice agreement; actions which the U.S.
is taking to assure that North Korea is implementing the
denuclearization agreement and engaging in the North-South
dialogue; and, all instances of non-compliance with the Agreed
Framework, including diversion of heavy fuel oil. The
conference agreement provides that the obligation of such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations. The conference agreement inserts
language which requires the Secretary of State to submit to the
appropriate congressional committees an annual report (to be
submitted with the annual presentation for appropriations)
detailing 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 raised from other
donor nations to support KEDO activities on a per country
basis. The managers agree that none of the funds in this bill
that are made available for KEDO in fiscal year 1997 may be
used to contribute to the light-water nuclear reactors being
provided to North Korea under the terms of the Agreed
Framework.
TITLE III--MILITARY ASSISTANCE
Foreign military financing program (grant program)
The conference agreement deletes Senate language which
provides that Poland, Hungary, and the Czech Republic shall be
designated as eligible to participate under the NATO
Participation Act of 1994. Similar language is included in
Title VI.
The conference agreement provides that not less than
$30,000,000 shall be made available for Poland, Hungary, and
the Czech Republic to carry out title II of Public Law 103-477
(The NATO Participation Act) and section 585 (The NATO
Participation Act Amendments of 1995) of Public Law 104-107.
The conference agreement amends Senate language which
provides that up to $20,000,000 may be transferred from
``Assistance for Eastern Europe and the Baltic States'' and
``Assistance for the New Independent States of the Former
Soviet Union'' to this account to provide support for NATO
expansion and the Warsaw Initiative, notwithstanding any other
provision of law. The conference agreement retains the Senate
language and provides that up to $7,000,000 may be transferred
under this authority.
The managers note the success of the Partnership for
Peace (PFP) and the Warsaw Initiative which receive funds from
this account. PFP is doing an excellent job preparing nations
for possible membership in NATO as well as providing a
framework for other nations to develop a closer security
relationship with NATO. The managers instruct the Secretary of
State, in consultation with the Secretary of Defense, to
provide to the Committees on Appropriations, no later than
March 15, 1997, a report detailing the activities of PFP, the
types and extent of PFP programs, the nations participating in
PFP, the resources being contributed by current NATO members
participating in PFP, and a detailed description of the PFP
budget. In addition, the report should contain an estimate of
the possible costs to the United States associated with
membership in NATO of Poland, Hungary, the Czech Republic or
Slovenia. The report should also include a separate section on
the feasibility of an enhanced PFP which would place greater
emphasis on Combined Joint Task Forces as well as
recommendations on how to enhance the consultation process,
especially the crisis management mechanism, between NATO and
PFP members. The report may include a classified annex if
deemed necessary by the Secretary of State.
The conference agreement also appropriates $60,000,000 as
proposed by the Senate for the subsidy cost of direct loans
instead of $35,000,000 as proposed by the House. The conference
agreement provides that these funds are available to support
$540,000,000 in direct loans as proposed by the Senate instead
of $323,815,000 as provided by the House.
The conference agreement earmarks $20,000,000 for Poland,
Hungary, and the Czech Republic.
The conference agreement retains the Senate proposed
levels of $122,500,000 and $175,000,000 as ceilings on FMF
loans to Greece and Turkey respectively instead of $103,471,000
and $147,816,000 as proposed by the House.
TITLE V--GENERAL PROVISIONS
Sec. 585--North Korea
The conference agreement inserts language proposed by the
Senate which requires the Secretary of State, in consultation
with the Secretary of Defense, to submit semiannual reports to
the Committees on Appropriations on the following information:
estimate of fuel used by the North Korean military; scope and
cost of training and deployment of those forces; steps taken to
reduce their size; and cooperation between North Korea and
other nations in support of development or deployment of a
ballistic missile capability. The House bill did not contain a
similar provision.
Sense of Congress Regarding Croatia
The conference agreement deletes sense of the Congress
language proposed by the Senate regarding Croatia and possible
NATO membership. The issue of future NATO membership is
addressed in Title VI, the NATO Enlargement and Facilitation
Act of 1996. The managers note that Croatia is in the process
of joining the Partnership for Peace program. Accordingly, the
managers recommend that the United States support the active
participation of Croatia in activities appropriate for
qualifying for NATO membership, provided that Croatia adheres
fully to the Dayton Peace Accords and makes progress toward
establishing democratic institutions, a free market and the
rule of law.
Romania's Progress Toward NATO Membership
The conference agreement deletes sense of the Congress
language proposed by the Senate regarding Romania and possible
NATO membership. The issue of future NATO membership is
addressed in Title VI, the NATO Enlargement and Facilitation
Act of 1996. The managers note that Romania emerged from
decades of brutal communist dictatorship in 1989 and that
multi-party democratic elections have been held at the local,
parliamentary, and presidential levels. Romania was the first
former Eastern Bloc country to join NATO's Partnership for
Peace program, is the second largest country in Eastern Europe
in terms of territory and population and is therefore
strategically significant. The managers recognize that Romania
has contributed forces to the NATO Implementation Force in
Bosnia. Accordingly, the managers believe Romania should be
evaluated for membership in the NATO Participation Act's
transition assistance program and that the United States should
work closely with Romania and other countries working toward
NATO membership to ensure that every opportunity is provided to
advance their entry into NATO.
Delivery by China of Cruise Missiles and Missile Technology
The conference agreement deletes sections 593 and 594
which express the sense of the Senate regarding missile
transfers by China to Iran and Syria. The managers are deeply
concerned about continued reports that the People's Republic of
China has delivered cruise missiles to Iran and ballistic
missile technology to Syria. Both recipient nations are known
sponsors of international terrorism which directly threatens
U.S. citizens and interests in regional peace and stability.
The managers urge the Administration to take steps to
assure the People's Republic of China honors its obligations
under the Missile Technology Control Regime and join
international efforts to restrict access by terrorist states to
weapons and technology of mass destruction. The managers note
that under the Iran-Iraq Non-Proliferation Act of 1992, the
President is required to impose sanctions against any foreign
government delivering missiles to Iran. The managers expect the
Administration to use all available legal and diplomatic means
to assure no transactions occur which enhance the military
capabilities of terrorist states.
TITLE VI--NATO ENLARGEMENT FACILITATION ACT OF 1996
The conference agreement includes language proposed by
the Senate which is similar to HR 3564, the ``NATO Enlargement
Facilitation Act of 1996,'' which was passed by the House of
Representatives on July 23 by a vote of 353-65. The conference
agreement expresses Congress' support for the admission of
qualified new members to NATO and the European Union at an
early date. The conference agreement designates Poland,
Hungary, the Czech Republic and Slovenia as countries eligible
to receive assistance under the NATO Participation Act of 1994.
Slovenia's designation is effective 90 days after the date of
enactment of this Act. The conference agreement also authorizes
$60,000,000 for fiscal year 1997 for the transition program
established by the NATO Facilitation Act of 1994, of which
$20,000,000 is earmarked for FMF loans and $30,000,000 for FMF
grants, and of which ``not more than'' $10,000,000 is made
available for IMET.
Funds described in section 608(b) are authorized to be
made available to the extent provided in advance in
appropriations acts to support implementation of the Regional
Airspace Initiative (RAI) and the Partnership for Peace
Information Management System. The conferees believe Foreign
Military Financing funds may be made available to support RAI
and PIMS since Title III of this legislation makes funds
available for these purposes and serves as the necessary
advance provision in an appropriation act.
TITLE I--DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
The conferees provide $22,387,000 for the Financial
Crimes Enforcement Network, the same as the House-passed and
the Senate committee levels.
Violent Crime Reduction Programs
including transfer of funds
The conference agreement provides $97,000,000. This
amount is to be used as follows:
Bureau of Alcohol, Tobacco and Firearms:
Training & Equipment Initiative..................... $29,133,000
GREAT Administration................................ 3,000,000
CEASEFIRE Program................................... 3,662,000
Project LEAD........................................ 800,000
--------------------------------------------------------
____________________________________________________
Subtotal ATF........................................ 36,595,000
========================================================
____________________________________________________
GREAT Program....................................... 8,000,000
Secret Service:
White House Security................................ 8,000,000
Child Exploitation.................................. 3,000,000
TRIP................................................ 1,000,000
Counterfeiting...................................... 5,000,000
Financial Institutions Fraud........................ 3,000,000
--------------------------------------------------------
____________________________________________________
Subtotal Secret Service............................. 20,000,000
========================================================
____________________________________________________
Financial Crimes Enforcement Network: Cybercash
Initiative.......................................... 1,000,000
Office of National Drug Control Policy: High Intensity
Drug Trafficking Areas Program...................... 13,105,000
Departmental Offices: Taggant Study..................... 18,300,000
--------------------------------------------------------
____________________________________________________
Total............................................. 97,000,000
United States Secret Service
acquisition, construction, improvement, and related expenses
The conference agreement provides $37,365,000; of this
amount, $8,200,000 has been made available for activities
related to the design and construction of the new Classroom
Building at the Rowley Secret Service Training Center in
Beltsville, Maryland. The conferees have funded replacement of
the mainframe computer and related software systems in the
Salaries and Expenses Account.
TITLE VII--SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1996
CHAPTER 7
Peacekeeping Operations
The conference agreement appropriates $65,000,000 for
peacekeeping operations.
Nonproliferation, Anti-terrorism, Demining and Related Programs
The conference agreement appropriates $18,000,000 for
anti-terrorism assistance which includes an additional
$2,000,000 for anti-terrorism assistance as requested by the
President on September 12, 1996.
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