103D CONGRESS

1ST SESSION S. 1337

AN ACT

To authorize appropriations for fiscal year 1994 for

poses.year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscalmilitary activities of the Department of Defense,
103D CONGRESS

1ST SESSION S. 1337

AN ACT

To authorize appropriations for fiscal year 1994 for military

activities of the Department of Defense, to prescribe

personnel strengths for such fiscal year for the Armed

Forces, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 1994’’.
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TITLE I—PROCUREMENT

Subtitle A—Funding Authorizations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense Agencies.

Sec. 105. Defense Inspector General.

Sec. 106. Reserve components.

Sec. 107. Chemical demilitarization program.

Subtitle B—Army Programs

Sec. 111. Modified M113 carriers and AGT–1500 turbine engines.

Sec. 112. Nuclear, biological, and chemical protective masks.

Sec. 113. Chemical agent monitoring program.

Sec. 114. Close tactical trainer quickstart program.

Subtitle C—Air Force Programs

Sec. 121. Modernization of the heavy bomber force.

Sec. 122. B–2 bomber aircraft program.

Sec. 123. Access by Comptroller General to information on heavy bomber programs.

Sec. 124. C–17 aircraft program.

Sec. 125. Joint primary aircraft training system.

Sec. 126. Solid rocket motor upgrade program.

Sec. 127. Live-fire survivability testing of the C–17 aircraft.

Subtitle D—Other Programs

Sec. 131. ALQ–135 jammer device.

Sec. 132. Funding for certain tactical intelligence programs.

Sec. 133. Global Positioning System.

Sec. 134. Sense of Congress on expediting sealift procurement.

Sec. 135. Permanent authority to carry out AWACS memoranda of understanding.

Sec. 136. Ring laser gyro navigation systems.

Sec. 137. Operational support aircraft.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorizations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic research and exploratory development.

Sec. 203. Strategic Environmental Research and Development Program.

Sec. 204. Funding for defense conversion and reinvestment research and development programs.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Kinetic Energy Antisatellite Program.

Sec. 212. Javelin missile program.
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Sec. 213. Plan for testing new electronic countermeasures system for B–1B

bombers.

Sec. 214. Space launch plan.

Sec. 215. Medical countermeasures against biowarfare threats.

Sec. 216. Baseline report for the Arrow tactical ballistic missile defense system.

Sec. 217. Limitations regarding federally funded research and development centers.

Subtitle C—Missile Defense Programs

Sec. 221. Revision of the Missile Defense Act of 1991.

Sec. 222. Funding of certain ballistic missile defense programs.

Sec. 223. Requirement for review of ballistic missile defense systems and components for compliance with ABM Treaty.

Sec. 224. Theater missile defense master plan.

Sec. 225. Extension of authority for transfer of responsibility for far-term follow-on technologies.

Sec. 226. Report on acquisition streamlining to accelerate deployment of initial

ABM system.

Sec. 227. Funding for ballistic missile defense programs.

Sec. 228. Testing of national missile defense program projects.

Subtitle D—Other Matters

Sec. 231. Nuclear testing.

Sec. 232. One-year delay in transfer of management responsibility for naval

mine countermeasures program to the Director, Defense Research and Engineering.

Sec. 233. Termination, reestablishment, and reconstitution of an advisory council on semiconductor technology.

Sec. 234. Authority to acquire Navy large cavitation channel, Memphis, Tennessee.

Sec. 235. Strategic Environmental Research Council.

Sec. 236. Sense of the Senate on metalcasting industry.

Sec. 237. Interim reconnaissance program.

Subtitle E—Programs in Support of the Prevention and

Control of Proliferation of Weapons of Mass Destruction

Sec. 241. Short title.

Sec. 242. Sense of Congress.

Sec. 243. Joint Committee for Review of Nonproliferation Programs of the

United States.

Sec. 244. Report on nonproliferation and counterproliferation activities and

programs.

Sec. 245. Definitions.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Funding national defense strategic lift requirements.

Sec. 304. Armed Forces Retirement Home.

Sec. 305. National Security Education Trust Fund obligations.

Sec. 306. Transfer authority.
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Sec. 307. Funds for clearing landmines.

Subtitle B—Defense Business Operations Fund

Sec. 311. Extension of authority for use of the Defense Business Operations

Fund.

Sec. 312. Implementation of the Defense Business Operations Fund.

Sec. 313. Limitation on obligations against the Defense Business Operations

Fund.

Subtitle C—Environmental Provisions

Sec. 321. Authority for military departments to participate in water conservation programs.

Sec. 322. Clarification of authority for energy conservation programs at military installations.

Sec. 323. Clarification of funding for environmental restoration activities at installations to be closed or realigned.

Sec. 324. Annual report on environmental restoration activities of the Department of Defense.

Sec. 325. Extension of period of applicability of requirement for reimbursement

of the Federal government for certain liabilities arising under

contracts relating to hazardous waste.

Sec. 326. Prohibition on the purchase of surety bonds and other guaranties for

the Department of Defense.

Sec. 327. Clarification of scope of indemnification of transferees of closing defense property.

Sec. 328. Shipboard plastic and solid waste control.

Subtitle D—Other Matters

Sec. 331. Repeal of an exception to a limitation on the performance of depotlevel maintenance of materiel.

Sec. 332. Maintenance and repair of Pacific battle monuments.

Sec. 333. Purchase of items not exceeding $100,000.

Sec. 334. Extension of authority for aviation depots and naval shipyards to engage in defense-related production and services.

Sec. 335. Contracts to perform workloads previously performed by depot-level

activities of the Department of Defense.

Sec. 336. Promotion of civilian marksmanship.

Sec. 337. Amendments regarding pilot program to use National Guard personnel in medically underserved communities.

Sec. 338. Assistance to local educational agencies that benefit dependents of

members of the Armed Forces and Department of Defense civilian employees.

Sec. 339. Annual assessment of force readiness.

Sec. 340. Budget information on Department of Defense recruiting expenditures.

Sec. 341. Revision of authorities on National Security Education Trust Fund.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Temporary variation of permanent end strength limitations for certain grades of officers in the Marine Corps.
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Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserve

components.

Sec. 413. Temporary variation of permanent end strength limitations for Air

Force personnel serving on active duty in certain grades in

support of the reserve components.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Award of constructive service credit for advanced education in a

health profession.

Sec. 502. Original appointment as regular officers certain reserve officers in

health professions.

Sec. 503. Temporary authority for involuntary separation of certain regular

warrant officers.

Sec. 504. Two-year extension of authority for temporary promotions of certain

Navy lieutenants.

Subtitle B—Reserve Components

Sec. 511. Limited delegation of Presidential authority to order Selected Reserve

to active duty.

Sec. 512. Two-year extension of certain reserve officer management authorities.

Sec. 513. Consistency of treatment of National Guard technicians and other

members of the National Guard.

Sec. 514. Exception to requirement for 12 weeks of basic training.

Sec. 515. National Guard management initiatives.

Sec. 516. Frequency of physical examinations of members of the Ready Reserve.

Subtitle C—Service Academies

Sec. 521. Congressional nominations.

Sec. 522. Graduation leave.

Sec. 523. Management of faculties.

Subtitle D—Force Reduction Transition

Sec. 531. Teacher and teacher aide program for separated members of the

Armed Forces.

Sec. 532. Extension of personnel management and benefits transition authorities.

Sec. 533. Technical and conforming amendments relating to transition authorities.

Subtitle E—Other Matters
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Sec. 541. Assignments of women members of the Armed Forces.

Sec. 542. Reduction in the maximum number of years to be on temporary disability retired list.

Sec. 543. Clarification of punitive UCMJ article regarding drunken driving.

Sec. 544. Authority to reduce active duty service obligation incurred in connection with advanced education assistance.

Sec. 545. Award of Purple Heart to members killed or wounded in action by

friendly fire.

Sec. 546. Policy concerning homosexuality in the Armed Forces.

Sec. 547. Employment of retired members by foreign governments.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1994.

Subtitle B—Bonuses, Special Pay, and Incentive Pay

Sec. 611. Modification of authority relating to payment of certain Selected Reserve bonuses.

Sec. 612. Extension of authority relating to payment of certain bonuses, payment of other special pay, and repayment of certain education

loans.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Reimbursement of temporary lodging expenses.

Sec. 622. Treatment of advance pay paid to members evacuated from Homestead Air Force Base.

Subtitle D—Matters Related to Retired Pay and Separation

Benefits

Sec. 631. Special pay for certain disabled members.

Sec. 632. Standardization of minimum service requirement for eligibility for

certain separation benefits.

Sec. 633. Expansion of eligibility for certain separation benefits.

Sec. 634. Applicability to Coast Guard Reserve of certain reserve components

transition initiatives.

Subtitle E—Benefits for Former POWs and Other Members

Held Captive

Sec. 641. Permanent authority for claims by former prisoners of war based on

violations of Geneva Conventions.

Sec. 642. Members eligible for benefits when held captive by terrorists.

Subtitle F—Other Matters

Sec. 651. Authority to limit direct payment of pay and allowances to certain

members during war, hostilities, or national emergency.

Sec. 652. Losses incurred and gains realized in connection with housing members in private housing abroad.

Sec. 653. Postponement of performance of certain tax-related acts for certain

persons serving in contingency operations.
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Sec. 654. Benefits for dependents of members of the Armed Forces pending

loss of right to retired pay as a result of a court-martial.

Sec. 655. Sense of Senate relating to excess leave and permissive temporary

duty for certain members of the Armed Forces.

TITLE VII—HEALTH CARE PROVISIONS

Sec. 701. Extension and revision of specialized treatment facility program authority.

Sec. 702. Codification of CHAMPUS Peer Review Organization program procedures.

Sec. 703. Flexible deadline for commencement of CHAMPUS Reform Initiative

in Hawaii and California.

Sec. 704. Delay of termination of status of certain facilities as uniformed services treatment facilities.

Sec. 705. Exclusion of experienced military physicians from medicare definition

of new physician.

Sec. 706. Enrollment in the dependents’ dental program by certain members

returning from overseas assignments.

Sec. 707. Sense of Senate on the provision of adequate medical care to military

retirees.

Sec. 708. Independent study of conduct of medical study by Arctic Aeromedical

Laboratory, Ladd Air Force Base, Alaska.

TITLE VIII—ACQUISITION POLICY

Subtitle A—Defense Technology and Industrial Base,

Reinvestment, and Conversion

Sec. 801. Manufacturing Science and Technology Program.

Sec. 802. University Research Initiative Support Program.

Sec. 803. Operating Committee of the Critical Technologies Institute.

Sec. 804. Targeting defense conversion funds.

Sec. 805. Small business participation.

Subtitle B—Acquisition Assistance Programs

Sec. 811. Contract goal for disadvantaged small businesses and certain institutions of higher education.

Sec. 812. Procurement technical assistance programs.

Sec. 813. Pilot Mentor-Protege Program funding and improvements.

Subtitle C—Other Matters

Sec. 821. Reimbursement of indirect costs of institutions of higher education

under Department of Defense contracts.

Sec. 822. Prohibition on purchase of United States defense contractors by entities controlled by foreign governments.

Sec. 823. Prohibition on award of certain Department of Defense and Department of Energy contracts to entities controlled by a foreign

government.

Sec. 824. Reports by defense contractors on dealings with terrorist countries

and nationals of terrorist countries.

Sec. 825. Department of Defense purchases through other agencies.

Sec. 826. Authority of the Advanced Research Projects Agency to carry out certain pilot demonstration projects and prototype projects.
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Sec. 827. Improvement of pricing policies for use of major range and test facility installations of the military departments.

Subtitle D—Defense Acquisition Pilot Program

Sec. 831. Defense acquisition pilot program amendments.

Sec. 832. Reference to defense acquisition pilot program.

Sec. 833. Mission oriented program management.

Sec. 834. Savings objectives.

Sec. 835. Program phases and phase funding.

Sec. 836. Program work force policies.

Sec. 837. Efficient contracting processes.

Sec. 838. Contract administration: Performance based contract management.

Sec. 839. Contractor performance assessment.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Sec. 901. Assistant Secretary of Defense for Legislative Affairs.

Sec. 902. Responsibilities of the Comptroller of the Department of Defense.

Sec. 903. Repeal of termination of requirement for a Director of Expeditionary

Warfare.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Revision of date for submittal of joint report on scoring of budget

outlays.

Sec. 1003. Discretionary authority of the Comptroller General to conduct annual audits of the acceptance by the Department of Defense

of property, services, and contributions.

Subtitle B—Fiscal Year 1993 Authorization Matters

Sec. 1011. Authority for obligation of certain unauthorized fiscal year 1993 defense appropriations.

Sec. 1012. Limitation on obligation for certain unauthorized appropriations.

Sec. 1013. Use of fiscal year 1993 Air Force aircraft procurement funds for

higher priority programs.

Sec. 1014. Supplemental authorization of appropriations for fiscal year 1993.

Subtitle C—Joint Officer Personnel Matters

Sec. 1021. Joint officer personnel policy.

Sec. 1022. Joint duty credit for certain duty performed during Operations

Desert Shield and Desert Storm.

Subtitle D—Matters Relating to Reserve Components

Sec. 1031. Review of Air Force plans to transfer heavy bombers to reserve components units.

Sec. 1032. Requirement for transfer of air refueling aircraft to reserve components of the Air Force.

Subtitle E—International Peacekeeping Activities
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Sec. 1041. General authorization of support for international peacekeeping activities.

Sec. 1042. Report on multinational peacekeeping and peace enforcement.

Subtitle F—Matters Relating to Allies and Other Nations

Sec. 1051. Burden sharing contributions by Japan, Kuwait, and the Republic

of Korea.

Sec. 1052. Defense conversion and reinvestment; export loan guarantees.

Sec. 1053. Findings regarding defense cooperation between the United States

and Israel.

Sec. 1054. Defense burdensharing.

Subtitle G—Other Matters

Sec. 1061. Additional support for counter-drug activities.

Sec. 1062. Report on personnel requirements for control of transfer of certain

weapons.

Sec. 1063. National Guard Civilian Youth Opportunities Pilot Program amendments.

Sec. 1064. Civilian faculty of the George C. Marshall European Center for Security Studies.

Sec. 1065. Administrative improvements in Goldwater Scholarship and Excellence in Education Program.

Sec. 1066. U.S.S. Indianapolis Memorial, Indianapolis, Indiana.

Sec. 1067. Involvement of Armed Forces in Somalia.

Sec. 1068. Sense of the Congress regarding establishment of an Office of Economic Conversion information within the Department of Commerce.

Sec. 1069. Transfer of obsolete destroyer tender Yosemite.

Sec. 1070. Transportation of cargoes by water.

Sec. 1071. Burial of remains at Arlington National Cemetery.

Sec. 1072. Sense of the Congress regarding the justification for continuing the

extremely low frequency communication system.

Sec. 1073. Basing for C–130 aircraft.

Sec. 1074. Importance of naval oceanography survey and research in the postcold war period.

Sec. 1075. Digital electronic devices.

Sec. 1076. Research on exposure to hazardous agents and materials of armed

services personnel who served in the Persian Gulf war.

Sec. 1077. Sense of Congress relating to the proliferation of space launch vehicle technologies.

Sec. 1078. American diplomatic facilities in Germany.

Sec. 1079. Effective date for changes in Servicemen’s Group Life Insurance

Program.

Sec. 1080. Award of the Navy Expeditionary Medal.

Sec. 1081. Report on military food distribution practices.

Sec. 1082. Prevention of entry into the United States of certain former members of the Iraqi armed forces.

Sec. 1083. Short title.

Sec. 1084. Findings; policy.

Sec. 1085. Report.

Sec. 1086. Location of Joint Warfighting Simulation Center.

Sec. 1087. Sanctions against Serbia and Montenegro.

Sec. 1088. Environmental education opportunities program.

Sec. 1089. Medical laser burn treatment.
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Sec. 1090. Technical and clerical amendments.

Sec. 1091. Termination of certain Department of Defense reporting requirements.

Sec. 1092. Reports relating to certain special access programs and similar programs.

Sec. 1093. Department of Defense food stocks for assistance in BosniaHercegovina and Armenia.

Sec. 1094. Landmine Moratorium Extension Act.

TITLE XI—COOPERATIVE THREAT REDUCTION WITH

STATES OF FORMER SOVIET UNION

Sec. 1101. Short title.

Sec. 1102. Findings on cooperative threat reduction.

Sec. 1103. Authority for programs to facilitate cooperative threat reduction.

Sec. 1104. Funding for fiscal year 1994.

Sec. 1105. Prior notice to Congress of obligation of funds.

Sec. 1106. Semiannual report.

Sec. 1107. Appropriate congressional committees defined.

1 TITLE I—PROCUREMENT

2 Subtitle A—Funding

3 Authorizations

4 SEC. 101. ARMY.

5 Funds are hereby authorized to be appropriated for

6 fiscal year 1994 for procurement for the Army as follows:

7 (1) For aircraft, $1,249,539,000.

8 (2) For missiles, $1,083,810,000.

9 (3) For weapons and tracked combat vehicles,

10 $1,009,679,000.

11 (4) For ammunition, $621,049,000.

12 (5) For other procurement, $2,864,575,000.

13 SEC. 102. NAVY AND MARINE CORPS.

14 (a) NAVY.—Funds are hereby authorized to be appro15 priated for fiscal year 1994 for procurement for the Navy

16 as follows:

17 (1) For aircraft, $5,755,166,000.
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1 (2) For weapons, $3,000,614,000.

2 (3) For shipbuilding and conversion,

3 $4,264,647,000.

4 (4) For other procurement, $2,820,931,000.

5 (b) MARINE CORPS.—Funds are hereby authorized to

6 be appropriated for fiscal year 1994 for procurement for

7 the Marine Corps in the amount of $480,521,000.

8 SEC. 103. AIR FORCE.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 1994 for procurement for the Air Force as fol11 lows:

12 (1) For aircraft, $4,041,664,000.

13 (2) For missiles, $4,245,404,000.

14 (3) For other procurement, $7,610,888,000.

15 SEC. 104. DEFENSE AGENCIES.

16 Funds are hereby authorized to be appropriated for

17 fiscal year 1994 for procurement for the Defense Agencies

18 in the amount of $2,044,971,000.

19 SEC. 105. DEFENSE INSPECTOR GENERAL.

20 Funds are hereby authorized to be appropriated for

21 fiscal year 1994 for procurement for the Inspector General

22 of the Department of Defense in the amount of $600,000.

23 SEC. 106. RESERVE COMPONENTS.

24 Funds are hereby authorized to be appropriated for

25 fiscal year 1994 for procurement of aircraft, vehicles, com-
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1 munications equipment, and other equipment for the re2 serve components of the Armed Forces as follows:

3 (1) For the Army National Guard,

4 $85,000,000.

5 (2) For the Air National Guard, $285,000,000.

6 (3) For the Army Reserve, $65,000,000.

7 (4) For the Naval Reserve, $55,000,000.

8 (5) For the Air Force Reserve, $50,000,000.

9 (6) For the Marine Corps Reserve,

10 $20,000,000.

11 (7) For reserve component simulation equip12 ment, $75,000,000.

13 (8) For National Guard aircraft replacement

14 and modernization, $150,000,000.

15 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

16 There is hereby authorized to be appropriated for fis17 cal year 1994, $442,947,000 for—

18 (1) the destruction of lethal chemical agents

19 and munitions in accordance with section 1412 of

20 the Department of Defense Authorization Act, 1986

21 (50 U.S.C. 1521); and

22 (2) the destruction of chemical warfare material

23 of the United States that is not covered by section

24 1412 of such Act.
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1 Subtitle B—Army Programs

2 SEC. 111. MODIFIED M113 CARRIERS AND AGT–1500 TUR3 BINE ENGINES.

4 (a) ADDITIONAL AUTHORIZATION OF APPROPRIA5 TIONS.—In addition to the funds authorized to be appro6 priated in section 101, funds are authorized to be appro7 priated for the Army for procurement of modified M113

8 carriers and AGT–1500 turbine engines in the amount of

9 $148,000,000.

10 (b) LIMITATION.—None of the funds appropriated

11 pursuant to the authorization in subsection (a) may be

12 obligated during fiscal year 1994.

13 SEC. 112. NUCLEAR, BIOLOGICAL, AND CHEMICAL PROTEC14 TIVE MASKS.

15 Of the unobligated balance of the funds appropriated

16 for the Army for fiscal year 1993 for other procurement,

17 $9,300,000 shall be available, to the extent provided in

18 appropriations Acts, for procurement of M40/M42 nu19 clear, biological, and chemical protective masks.

20 SEC. 113. CHEMICAL AGENT MONITORING PROGRAM.

21 Funds appropriated for the Army for fiscal year 1993

22 for other procurement may not be obligated after the date

23 of the enactment of this Act for the Improved Chemical

24 Agent Monitor (ICAM) program.
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1 SEC. 114. CLOSE TACTICAL TRAINER QUICKSTART PRO2 GRAM.

3 Authority to reprogram funds for the Close Combat

4 Tactical Trainer Quickstart Program. Subject to existing

5 reprogramming procedures, the Secretary of the Army is

6 authorized to reprogram funds in fiscal year 1994 to pro7 cure long lead component hardware items to accelerate the

8 Close Combat Tactical Trainer Quickstart Program.

9 Subtitle C—Air Force Programs

10 SEC. 121. MODERNIZATION OF THE HEAVY BOMBER FORCE.

11 (a) FUNDING.—Of the amount authorized to be ap12 propriated under section 103—

13 (1) not more than $37,400,000 shall be avail14 able for procurement of B–52 bomber aircraft; and

15 (2) not more than $177,355,000 shall be avail16 able for the B–1B bomber aircraft program.

17 (b) LIMITATIONS ON FUNDING.—Of the total amount

18 made available pursuant to subsection (a) for the pro19 grams referred to in such subsection—

20 (1) none of such amount may be obligated or

21 expended until all of the requirements set forth in

22 section 152 of the National Defense Authorization

23 Act for Fiscal Year 1993 (Public Law 102–484; 106

24 Stat. 2340) have been met; and

25 (2) not more than 50 percent of such amount

26 may be expended before the commencement of flight
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1 testing in accordance with the test plan required by

2 section 152(a) of such Act.

3 SEC. 122. B–2 BOMBER AIRCRAFT PROGRAM.

4 (a) AMOUNT FOR PROGRAM.—Subject to subsection

5 (b), of the amount appropriated to the Air Force pursuant

6 to section 103(1) for fiscal year 1994 for procurement of

7 aircraft, not more than $626,200,000 may be obligated

8 for the B–2 bomber aircraft program.

9 (b) LIMITATIONS ON OBLIGATION.—(1) None of the

10 funds made available for fiscal year 1994 for the B–2

11 bomber aircraft program may be obligated until the Sec12 retary of Defense has submitted to the congressional de13 fense committees the certifications and reports described

14 in section 151(d)(1) of the National Defense Authoriza15 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

16 Stat. 2339).

17 (2) Of the unobligated balances of funds authorized

18 to be appropriated for procurement of B–2 aircraft for fis19 cal years 1992, 1993, and 1994, none of such funds may

20 be obligated until—

21 (A) the Secretary of the Air Force—

22 (i) has entered into a definitized produc23 tion contract with the prime contractor for air

24 vehicles 17 through 21; or
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1 (ii) has submitted to the congressional de2 fense committees a report setting forth the rea3 sons that a definitized contract cannot be en4 tered into; and

5 (B) the Secretary of Defense has submitted to

6 such committees a certification that the Department

7 of the Air Force is in full compliance with the B–

8 2 correction-of-deficiency requirements set forth in

9 section 117(d) of Public Law 101–189 (103 Stat.

10 1376) in all aspects of deficiency correction.

11 (c) TOTAL PROGRAM LIMITATIONS.—(1) Notwith12 standing any other provision of law, funds available for

13 the Department of Defense pursuant to authorizations of

14 appropriations in this or any other Act may not be ex15 pended for acquisition of more than 20 fully operational

16 B–2 bomber aircraft that meet the Block 30 requirements

17 (as defined by the Secretary of the Air Force as of August

18 1, 1993), plus one test aircraft.

19 (2) The total amount obligated on or after the date

20 of the enactment of this Act for research, development,

21 test, and evaluation for, and acquisition, modification and

22 retrofitting of, the 20 B–2 bomber aircraft (and the one

23 test aircraft) referred to in paragraph (1) and for paying

24 the costs associated with termination of the B–2 bomber

25 aircraft program upon completion of the acquisition of
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1 such 20 aircraft (and the one test aircraft) may not exceed

2 $28,968,000,000 (in fiscal year 1981 constant dollars).

3 (3) The Congress declares that it will consider enact4 ing legislation to increase the amount of the limitation

5 specified in paragraph (2) if—

6 (A) for any fiscal year beginning after Septem7 ber 30, 1994, the Secretary of Defense has re8 quested funds for the B–2 bomber aircraft program

9 in the documents submitted to Congress by the Sec10 retary in connection with the budget submitted to

11 Congress pursuant to section 1105 of title 31, Unit12 ed States Code, for that fiscal year;

13 (B) obligation of the total amount of the funds

14 so requested would not have violated the limitation;

15 and

16 (C) the requested funds—

17 (i) have not been made available for such

18 fiscal year as requested; or

19 (ii) have been made available for such fis20 cal year but have not been obligated in such fis21 cal year by reason of any limitation or restric22 tion on the obligation of such funds that is con23 tained in an Act enacted after the date of the

24 enactment of this Act.
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1 SEC. 123. ACCESS BY COMPTROLLER GENERAL TO INFOR2 MATION ON HEAVY BOMBER PROGRAMS.

3 The Secretary of Defense shall take all actions that

4 are necessary to ensure that the Comptroller General of

5 the United States and employees of the General Account6 ing Office designated by the Comptroller General have

7 full, free, and prompt access to data, reports, and analyses

8 generated by or on behalf of the Department of the Air

9 Force (including by Air Force contractors) that relate to

10 operation, maintenance, repair, and modernization of

11 heavy bombers, and the plans of the Air Force for oper12 ation, maintenance, repair, and modernization of heavy

13 bombers in the future.

14 SEC. 124. C–17 AIRCRAFT PROGRAM.

15 (a) FISCAL YEAR 1994 LIMITATION.—None of the

16 funds appropriated for the Department of Defense for fis17 cal year 1994 may be made available for procurement of

18 C–17 aircraft until—

19 (1) all limitations and requirements set forth in

20 subsections (b), (c), (d), (f), and (g) of section 134

21 of the National Defense Authorization Act for Fiscal

22 Year 1993 (Public Law 102–484; 106 Stat. 2335)

23 are satisfied; and

24 (2) the Secretary of Defense submits to the

25 congressional defense committees a report on the C–

26 17 acquisition program that contains—
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1 (A) the results of the special Defense Ac2 quisition Board review of the program;

3 (B) a discussion of the corrective actions

4 to be taken by the Air Force with regard to

5 such program;

6 (C) a discussion of the corrective actions to

7 be taken by the contractor with regard to such

8 program; and

9 (D) the findings and recommendations of

10 the special Defense Science Board group result11 ing from the investigation of the program by

12 that group.

13 (b) FISCAL YEAR 1995 LIMITATION.—None of the

14 funds appropriated for the Department of Defense for fis15 cal year 1995 that are made available for the C–17 air16 craft program (other than funds for advance procurement)

17 may be obligated before the Secretary of Defense submits

18 to the congressional defense committees a report contain19 ing a review of the airlift requirements of the Armed

20 Forces. The review shall—

21 (1) be based on an analysis by a federally fund22 ed research and development center; and

23 (2) reflect consideration of—

24 (A) the changes in total airlift require25 ments resulting from the disintegration of the
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1 Warsaw Pact and Soviet Union that eliminate

2 any major trans-Atlantic airlift requirement for

3 Europe;

4 (B) the change in airlift requirements from

5 requirements for airlift of large quantities of

6 outsize cargo for reinforcement of the North

7 Atlantic Treaty Organization (NATO) forces to

8 requirements for airlift in connection with such

9 lesser regional contingencies and humanitarian

10 operations as Operation Desert Shield, Oper11 ation Desert Storm, and Operation Restore

12 Hope;

13 (C) the potential contribution that planned

14 strategic sealift improvements can make

15 toward—

16 (i) reducing the total demand for air17 lift; and

18 (ii) changing the type of cargo that

19 airlift aircraft must carry;

20 (D) the declining demand for conducting

21 airlift operations in austere airfield environ22 ments; and

23 (E) the trade-off between purchasing the

24 type of additional capability that the C–17 air25 craft can provide and purchasing and employing
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1 additional support equipment that would in2 crease the cargo airlift capability of commercial

3 cargo aircraft.

4 (c) LIMITATION ON ACQUISITION OF MORE THAN 5

5 AIRCRAFT.—Funds appropriated for the Department of

6 Defense for fiscal years after fiscal year 1993 that are

7 made available for the C–17 aircraft program (other than

8 funds for advance procurement) may not be obligated to

9 produce more than 5 C–17 aircraft until the program

10 meets the following milestones:

11 (1) Clearance of flight envelope with respect to

12 altitude and speed.

13 (2) Takeoff of aircraft at a gross weight of

14 580,000 pounds and 160,000 pounds payload within

15 a critical field length of 8500 feet at sea level and

16 90 degrees Fahrenheit day conditions (or equivalent

17 results under other conditions).

18 (3) Backing aircraft up a two degree slope with

19 a gross weight of 510,000 pounds.

20 (4) Unassisted 180 degree turn of aircraft on

21 a paved runway of load classification group IV in

22 less than 90 feet, using three maneuvers.

23 (5) Completion of static article ultimate load

24 (150 percent of design limit load) test condition S.P.

25 5030 for wing up bending.
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1 (6) Completion of electromagnetic radiation,

2 electromagnetic compatibility, and lightening tests.

3 (7) Low velocity air drop of 5,000-pound, 8-foot

4 length platform.

5 (8) Sequential air drop of multiple simulated

6 paratroop dummies from both paratroop doors.

7 (9) A minimum unit equivalent assembly rate of

8 6.0 assemblies per year, as measured by the ratio of

9 annualized standard hours earned to that required

10 to assemble one aircraft from the beginning of as11 sembly to the completion of assembly prior to move12 ment to the ramp at the prime contractor’s facilities.

13 (10) For all aircraft scheduled for delivery in

14 the prior 6-month period, delivery of each aircraft

15 within one month of scheduled delivery date.

16 (d) LIMITATION ON ACQUISITION OF MORE THAN 8

17 AIRCRAFT.—Funds appropriated for the Department of

18 Defense for fiscal years after fiscal year 1993 that are

19 made available for the C–17 aircraft program (other than

20 funds for advance procurement) may not be obligated to

21 produce more than 8 aircraft until the program meets the

22 following additional milestones:

23 (1) Clearance of flight envelope with respect to

24 loads.
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1 (2) Estimate of payload meets 95 percent of the

2 requirement provided in the full-scale development

3 contract for the key performance parameters for

4 payload-to-range systems performance.

5 (3) Operational clearance for aircraft to be air

6 refueled from operational KC–10 and KC–135 air7 craft at standard Air Force refueling speeds for the

8 specific tanker in a single receiver formation.

9 (4) Demonstration of combat offload with two

10 463L pallets using the air delivery system rails.

11 (5) Airdrop of 70 paratroopers on one pass,

12 using both paratroop doors.

13 (6) Low velocity air drop of 30,000-pound, 24-

14 foot length platform.

15 (e) LIMITATION ON ACQUISITION OF MORE THAN 10

16 AIRCRAFT.—Funds appropriated for the Department of

17 Defense for fiscal years after fiscal year 1993 that are

18 made available for the C–17 aircraft program (other than

19 funds for advance procurement) may not be obligated to

20 produce 11 or 12 aircraft until the program meets the fol21 lowing additional milestones:

22 (1) Estimate of payload meets 97.5 percent of

23 the requirement provided in the full-scale develop24 ment contract for the key performance parameters

25 for payload-to-range systems performance.
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1 (2) Landing of aircraft with a payload of

2 160,000 pounds and fuel necessary to fly 300 nau3 tical miles on a 3,000-foot long, 90-foot wide, and

4 load classification group IV runway at sea level, 90

5 degrees Fahrenheit day conditions (or equivalent re6 sults under other conditions).

7 (3) Low altitude parachute extraction system

8 delivery of a 20,000-pound cargo.

9 (4) Simultaneous and sequential container de10 livery system airdrop of 30 bundles.

11 (5) Low velocity air drop of 42,000-pound plat12 form.

13 (6) Satisfactory completion of one lifetime of

14 testing of durability article.

15 (7) Air vehicle mean time between removal at

16 cumulative flying hours to date of measurement indi17 cates that the mature requirement established in the

18 full-scale development contract will be met.

19 (f) FUNDING OUT OF NATIONAL DEFENSE STRATE20 GIC LIFT FUND.—Funds appropriated for the Depart21 ment of Defense for fiscal year 1994 may be made avail22 able for procurement of the C–17 aircraft only in accord23 ance with section 2218 of title 10, United States Code.
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1 SEC. 125. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM.

2 No funds appropriated for the Department of De3 fense pursuant to an authorization contained in this Act

4 or any Act enacted after the date of the enactment of this

5 Act may be obligated or expended to procure Joint Pri6 mary Aircraft Training System aircraft until the Sec7 retary of Defense certifies to the congressional defense

8 committees that the cockpit and ejection seat of such air9 craft have been designed for safe and effective operation

10 of the aircraft and ejection system by at least 95 percent

11 of the male pilot trainees and 95 percent of the female

12 pilot trainees.

13 SEC. 126. SOLID ROCKET MOTOR UPGRADE PROGRAM.

14 (a) PROHIBITION ON USE OF FUNDS.—Funds appro15 priated to the Department of Defense may be used for

16 implementing a supplemental agreement described in sec17 tion 9164 of Public Law 102–396 only under the authori18 ties in subsection (b).

19 (b) ACTIONS AUTHORIZED.—The Secretary of De20 fense may—

21 (1) restructure the provisions of contract

22 F04701–85–C–0019 (hereafter in this subsection re23 ferred to as the ‘‘prime contract’’) and enter into an

24 agreement to reimburse the subcontractor for the

25 Solid Rocket Motor Upgrade (SRMU) subcontract

26 under such prime contract (hereafter in this sub-
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1 section referred to as the ‘‘SRMU subcontractor’’)

2 for the costs incurred by the subcontractor for devel3 opment and tooling related to the subcontract;

4 (2) reimburse the SRMU subcontractor for

5 working capital expenses related to the subcontract

6 only after consultation with the Comptroller General

7 of the United States regarding whether such ex8 penses are allowable under applicable laws;

9 (3) settle claims arising from disputes between

10 the SRMU subcontractor and prime contractor;

11 (4) transfer funds to reimburse the subcontrac12 tor in accordance with paragraphs (1), (2) and (3);

13 (5) if the Secretary enters into an agreement to

14 pay the SRMU subcontractor in accordance with

15 paragraphs (1), (2) and (3), take such actions as are

16 necessary to ensure that competitive procedures are

17 used for awarding contracts in any future procure18 ments of solid rocket motors for the Titan IV launch

19 system;

20 (6) take such actions as are necessary to reduce

21 or eliminate concurrency in the Solid Rocket Motor

22 Upgrade program;

23 (7) change the type of the subcontract used for

24 the Solid Rocket Motor Upgrade production sub25 contract and adjust the ceiling price for the prime
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1 contract accordingly, but only with respect to the

2 Solid Rocket Motor Upgrade production subcontract;

3 and

4 (8) if the Secretary decides to reimburse the

5 SRMU subcontractor for development costs, tooling,

6 and claims resulting from the termination or modi7 fication of the subcontract, terminate the Solid

8 Rocket Motor Upgrade production subcontract or

9 modify such subcontract regarding the production

10 quantities and production rates.

11 (c) RELATIONSHIP OF TRANSFER AUTHORITY TO

12 OTHER TRANSFER AUTHORITY.—The authority provided

13 in subsection (b)(4) is not in addition to any other transfer

14 authority provided in this or any other Act.

15 SEC. 127. LIVE-FIRE SURVIVABILITY TESTING OF THE C–17

16 AIRCRAFT.

17 Section 132(d) of the National Defense Authorization

18 Act for Fiscal Year 1993 (Public Law 102–484) is amend19 ed by striking out ‘‘for fiscal year 1993’’.

20 Subtitle D—Other Programs

21 SEC. 131. ALQ–135 JAMMER DEVICE.

22 Subsection 182(b)(2) of Public Law 101–510 is

23 amended by striking out ‘‘meets or exceeds all operational

24 criteria established for the program’’ and inserting in lieu

25 thereof ‘‘is operationally effective and suitable’’.
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1 SEC. 132. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE

2 PROGRAMS.

3 Notwithstanding the limitation in section 141 of Pub4 lic Law 102–484 (106 Stat. 2338), funds authorized to

5 be appropriated under such section are authorized to be

6 made available for the following purposes:

7 (1) To complete EP–3 Aries conversion-in-lieu8 of-procurement for the remainder of the EP–3 Aries

9 aircraft fleet.

10 (2) To upgrade communications of the EP–3

11 Aries aircraft fleet to permit dissemination of col12 lected data.

13 (3) To complete standardization of the RC–135

14 Rivet Joint aircraft fleet to Block III Baseline 6

15 configuration.

16 SEC. 133. GLOBAL POSITIONING SYSTEM.

17 (a) PROGRAM STUDY REQUIRED.—(1) The Secretary

18 of Defense shall provide for an independent study to be

19 conducted on the management and funding of the Global

20 Positioning System program for the future.

21 (2) With the agreement of the National Academy of

22 Sciences and the National Academy of Public Administra23 tion, the study shall be conducted jointly by those organi24 zations.

25 (3) Of the amounts authorized to be appropriated to

26 the Department of Defense for fiscal year 1994 and made
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1 available for procurement of Global Positioning System

2 user equipment, for procurement of spacecraft, or for op3 erations and maintenance, $5,000,000 may be used for

4 carrying out the study required by paragraph (1).

5 (b) LIMITATION ON PROCUREMENT OF SYSTEMS

6 NOT GPS EQUIPPED.—Funds may not be obligated after

7 September 30, 2000, to modify or procure any Depart8 ment of Defense aircraft, ship, armored vehicle, or indirect

9 fire weapon system that is not equipped with a Global Po10 sitioning System receiver.

11 (c) REPORTING REQUIREMENT.—Not later than May

12 1, 1994, the Secretary of Defense, in coordination with

13 the Director of Central Intelligence, shall submit to the

14 congressional defense committees, the Select Committee

15 on Intelligence of the Senate, and the Permanent Select

16 Committee on Intelligence of the House of Representatives

17 a report on the following questions:

18 (1) What, if any, threats to the health and safe19 ty of United States military forces, allied military

20 forces, and the United States and allied civilian pop21 ulations, and what, if any, threats of damage to

22 property within the United States and allied coun23 tries, will result by the year 2000 from Global Posi24 tioning System navigation signals, local and wide25 area differential navigation correction signals, kine-
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1 matic differential correction signals, and commer2 cially available map products based on the Global

3 Positioning System?

4 (2) What, if any, threat to civil aviation and

5 other transportation operations will result by the

6 year 2000 from the signal jamming, deception, and

7 other disruptive effects of Global Positioning System

8 navigation signals?

9 (3) What, if any, actions can be taken to elimi10 nate or mitigate such threats?

11 (4) What, if any, modifications of the Global

12 Positioning System and derivative systems can be

13 made to eliminate or significantly reduce such

14 threats, or to increase the ability of the Department

15 of Defense to mitigate such threats, without inter16 fering with authorized and peaceful uses of the Glob17 al Positioning System?

18 SEC. 134. SENSE OF CONGRESS ON EXPEDITING SEALIFT

19 PROCUREMENT.

20 (a) FINDINGS.—The Congress makes the following

21 findings:

22 (1) The Joint Chiefs of Staff have verified the

23 urgent need for increased sealift.
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1 (2) The Persian Gulf war provided graphic evi2 dence of the United States longstanding need for in3 creased sealift.

4 (3) The Congress has appropriated funds for a

5 sealift program in each of the past four fiscal years.

6 (4) The United States shipbuilding industry

7 and its supplier base would benefit, economically and

8 through sustained employment, from increased ship

9 conversion as well as from new ship construction.

10 (5) Maintaining or increasing ship conversion

11 and construction helps to preserve the industrial

12 base required for effective national defense.

13 (6) Enhanced sealift capacity is a vital require14 ment for the national security of the United States.

15 (b) EXPEDITED PROCUREMENT.—It is the sense of

16 the Congress that the Secretary of the Navy should move

17 expeditiously to award sealift conversion and construction

18 contracts that represent a fair price to the taxpayer.

19 SEC. 135. PERMANENT AUTHORITY TO CARRY OUT AWACS

20 MEMORANDA OF UNDERSTANDING.

21 Section 2350e of title 10, United States Code, is

22 amended by striking out subsection (d).

23 SEC. 136. RING LASER GYRO NAVIGATION SYSTEMS.

24 Notwithstanding any other provision of law, none of

25 the funds authorized for appropriations in fiscal years
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1 1994, 1993, and 1992 for the Navy shall be obligated or

2 expended for the procurement of ring laser gyro naviga3 tion systems for surface ships under a sole source con4 tract.

5 SEC. 137. OPERATIONAL SUPPORT AIRCRAFT.

6 None of the funds appropriated for the Department

7 of Defense for fiscal year 1994 may be obligated for a

8 procurement of any operational support aircraft without

9 full and open competition (as defined in section 2302(3)

10 of title 10, United States Code), unless—

11 (1) the procurement is within an exception set

12 forth in section 2304(c) of title 10, United States

13 Code;

14 (2) the justification and certification require15 ments of section 2304(f) of such title are satisfied;

16 and

17 (3) the Under Secretary of Defense for Acquisi18 tion certifies to the congressional defense committees

19 that the procurement is within an exception set forth

20 in section 2304(c) of such title.
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorizations

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1994 for the use of the Armed Forces for re8 search, development, test, and evaluation as follows:

9 (1) For the Army, $5,303,738,000.

10 (2) For the Navy, $8,338,931,000.

11 (3) For the Air Force, $12,681,597,000.

12 (4) For the Defense Agencies, $9,775,951,000,

13 of which—

14 (A) $252,592,000 is authorized for the ac15 tivities of the Deputy Director, Defense Re16 search and Engineering (Test and Evaluation);

17 and

18 (B) $12,650,000 is authorized for the Di19 rector of Operational Test and Evaluation.

20 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR21 ATORY DEVELOPMENT.

22 (a) FISCAL YEAR 1994.—Of the amounts authorized

23 to be appropriated by section 201, $4,549,445,000 shall

24 be available for basic research and exploratory develop25 ment projects.
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1 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP2 MENT DEFINED.—For purposes of this section, the term

3 ‘‘basic research and exploratory development’’ means work

4 funded in program elements for defense research and de5 velopment under Department of Defense category 6.1 or

6 6.2.

7 SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DE8 VELOPMENT PROGRAM.

9 Of the amounts authorized to be appropriated by sec10 tion 201, $200,000,000 shall be available for the Strategic

11 Environmental Research and Development Program.

12 SEC. 204. FUNDING FOR DEFENSE CONVERSION AND REIN13 VESTMENT RESEARCH AND DEVELOPMENT

14 PROGRAMS.

15 (a) Of the amounts authorized to be appropriated

16 under section 201—

17 (1) $10,000,000 shall be available for the na18 tional defense program for analysis of the technology

19 and industrial base under section 2503 of title 10,

20 United States Code;

21 (2) $150,000,000 shall be available for defense

22 dual-use critical technology partnerships established

23 under section 2511 of such title;
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1 (3) $100,000,000 shall be available for commer2 cial-military integration partnerships established

3 under section 2512 of such title;

4 (4) $100,000,000 shall be available for assist5 ance of regional technology alliances under section

6 2513 of such title;

7 (5) $30,000,000 shall be available for defense

8 advanced manufacturing technology partnerships es9 tablished under section 2522 of such title;

10 (6) $100,000,000 shall be available for support

11 of defense manufacturing technology extension pro12 grams under section 2523 of such title;

13 (7) $25,000,000 shall be available for defense

14 manufacturing engineering education grants under

15 section 2196 of such title;

16 (8) $10,000,000 shall be available for support

17 of manufacturing experts in the classroom program

18 under section 2197 of such title;

19 (9) $30,000,000 shall be available for the ad20 vanced materials synthesis and processing partner21 ship program; and

22 (10) $50,000,000 shall be available for the agile

23 manufacturing/enterprise integration program.

24 (b) Of the amounts authorized to be appropriated

25 under section 201, $10,000,000 shall be available, in addi-
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1 tion to the amounts specified in subsection (a), for the

2 programs, projects, and activities described in subsection

3 (a).

4 Subtitle B—Program Require5 ments, Restrictions, and Limita6 tions

7 SEC. 211. KINETIC ENERGY ANTISATELLITE PROGRAM.

8 (a) CONVERSION OF PROGRAM.—The Secretary of

9 Defense shall convert the Kinetic Energy Antisatellite

10 (KE–ASAT) Program to a tactical antisatellite tech11 nologies program.

12 (b) LEVEL FUNDING.—Of the amounts authorized to

13 be appropriated in this title, $10,000,000 shall be avail14 able for fiscal year 1994 for engineering development

15 under the program.

16 (c) DEVELOPMENT OF MOST CRITICAL TECH17 NOLOGIES.—The amount referred to in subsection (b)

18 shall be available for engineering development of the most

19 critical antisatellite technologies.

20 (d) LIMITATION PENDING SUBMISSION OF RE21 PORT.—No funds appropriated to the Department of De22 fense for fiscal year 1994 may be obligated for the Kinetic

23 Energy Antisatillite (KE–ASAT) program until the Sec24 retary of Defense submits to Congress the report required

25 by section 1363 of the National Defense Authorization Act
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1 for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

2 2560) that contains, in addition to the matter required

3 by such section, the Secretary’s certification that there is

4 a requirement for an antisatellite program.

5 SEC. 212. JAVELIN MISSILE PROGRAM.

6 (a) LIMITATION.—Of the funds authorized to be ap7 propriated in section 201(1), not more than $34,937,000

8 may be obligated for the Javelin missile program until the

9 Secretary of Defense certifies to the congressional defense

10 committees that the Under Secretary of Defense for

11 Acquisition—

12 (1) has conducted a thorough review of such

13 program;

14 (2) has determined that the cost problems with

15 the Javelin missile development and production are

16 under control;

17 (3) has completed a cost-effectiveness evalua18 tion and determined that the Javelin missile should

19 enter production; and

20 (4) has approved an enhanced producibility plan

21 developed by the Army.

22 (b) COST GROWTH REPORT.—The Secretary of De23 fense shall submit to Congress a report on the total extent

24 of the increase in the cost of the Javelin program. The

25 Secretary shall include in the report the Secretary’s as-
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1 sessment of the extent of the contractor’s liability for the

2 increased cost and the actions being taken by or on behalf

3 of the United States to obtain compensation for the con4 tractor’s share of the responsibility for the increased cost.

5 SEC. 213. PLAN FOR TESTING NEW ELECTRONIC COUNTER6 MEASURES SYSTEM FOR B–1B BOMBERS.

7 (a) REQUIREMENT FOR PLAN.—The Secretary of De8 fense shall develop a plan for testing the new electronic

9 countermeasures system being developed for the B–1B

10 bomber.

11 (b) CONTENT OF PLAN.—The plan shall contain—

12 (1) a detailed description of plans for devel13 opmental testing and for operational testing, includ14 ing early operational testing by the Director of

15 Operational Test and Evaluation; and

16 (2) a full description of the range of test pa17 rameters, including B–1B bomber flight conditions,

18 individual threat systems against which counter19 measures will be tested, and testing of counter20 measures in the presence of multiple threats.

21 (c) SUBMISSION OF PLAN.—(1) The Secretary shall

22 submit the plan to the congressional defense committees.

23 (2) The Secretary shall provide a copy of the plan

24 to the Director of Operational Test and Evaluation.
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1 (d) REVIEW AND COMMENT.—The Director of Oper2 ational Test and Evaluation shall review the plan and sub3 mit any comments on the plan to the Secretary and di4 rectly to the congressional defense committees.

5 (e) SCOPE OF REVIEW.—The review required under

6 subsection (d) shall include—

7 (1) the adequacy of the test plan to permit

8 measurement of the extent to which the new elec9 tronic countermeasures system, if procured and in10 stalled in all B–1B bombers, would improve the sur11 vivability of B–1B bombers;

12 (2) the adequacy of available threat simulators

13 to characterize threats that the B–1B bomber is

14 likely to encounter on conventional bombing mis15 sions;

16 (3) the contribution of the new electronic coun17 termeasures system to the effectiveness of the em18 ployment of B–1B bombers on conventional bombing

19 missions if the new electronic countermeasures sys20 tem were installed on all B–1B bomber aircraft; and

21 (4) such other matters as the Director of Oper22 ational Test and Evaluation considers significant.

23 (f) AVAILABILITY OF AUTHORIZED FUNDS.—Of the

24 amount authorized to be appropriated under section

25 201(3), not more than $43,500,000 shall be available for
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1 the new electronic countermeasures system under the B–

2 1B bomber aircraft program.

3 (g) LIMITATIONS.—(1) None of the funds made avail4 able pursuant to subsection (f) may be obligated until all

5 of the requirements set forth in section 152 of the Na6 tional Defense Authorization Act for Fiscal Year 1993

7 (Public Law 102–484; 106 Stat. 2340) have been met.

8 (2) Of the amount made available pursuant to sub9 section (f), not more than $20,000,000 may be obligated

10 until the plan required by subsection (a) has been submit11 ted to the congressional defense committees.

12 SEC. 214. SPACE LAUNCH PLAN.

13 (a) PLAN REQUIRED.—The Secretary of Defense

14 shall develop a space launch plan that contains clearly de15 fined priorities, goals, and milestones regarding new space

16 launch vehicles and technology. The Secretary shall sub17 mit the plan to Congress at the same time that he submits

18 to Congress the future years defense program in 1994

19 pursuant to section 221 of title 10, United States Code.

20 (b) SELECTION OF LAUNCH VEHICLE OPTIONS.—Of

21 the amount authorized to be appropriated in section

22 201(3) and to be made available for research, develop23 ment, test, and evaluation of new space launch systems

24 and technology, the Secretary of Defense shall allocate not
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1 less than 75 percent of such amount to one of the follow2 ing options for a space launch system:

3 (1) A comprehensive demonstration of high4 risk, far-term launch technology, such as reusable

5 single-stage-to-orbit and air-breathing propulsion.

6 (2) A competitive acquisition program for a du7 rable and inexpensive expendable or reusable launch

8 vehicle with an initial operational capability date

9 early in the next decade.

10 (3) A program to modify existing launch vehi11 cles to achieve decreased cost and increased respon12 siveness.

13 (c) LIMITATION.—Not more than one-third of the

14 amount authorized to be appropriated in section 201(3)

15 and to be made available for research, development, test,

16 and evaluation of new space launch systems and tech17 nology may be obligated until the Secretary certifies to

18 the congressional defense committees that the option se19 lected for funding in accordance with subsection (b) is

20 fully funded in the future years defense program referred

21 to in subsection (a).

22 (d) USE OF FOREIGN LAUNCH VEHICLES.—(1) The

23 Secretary of Defense shall conduct one or more studies

24 to determine the potential for using space launch vehicles

25 of foreign countries to launch United States national secu-
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1 rity payloads. The studies shall be conducted with the goal

2 of determining whether the use of such launch vehicles

3 would result in reduced costs for launches of national se4 curity payloads, increased competition in the furnishing

5 of space launch vehicles for launching such payloads, and

6 a reduction in the excessive United States space launch

7 industrial base.

8 (2) Of the funds authorized to be appropriated under

9 section 201(3) and to be made available for research, de10 velopment, test, and evaluation of new space launch sys11 tems and technology, the Secretary of Defense shall allo12 cate up to $5,000,000 for conducting studies described in

13 paragraph (1).

14 (e) REQUIREMENT REGARDING DEVELOPMENT OF

15 NEW LAUNCH VEHICLES.—If the Secretary of Defense se16 lects an option referred to in paragraph (1) or (2) of sub17 section (b) for full funding in the future years defense plan

18 referred to in subsection (a), the Secretary shall explore

19 innovative government-industry funding, management,

20 and acquisition strategies to minimize the cost and time

21 involved.

22 (f) REQUIREMENT REGARDING MODIFICATION OF

23 EXISTING LAUNCH VEHICLES.—If the Secretary of De24 fense selects the option referred to in paragraph (3) of

25 subsection (b) for full funding under the future years de-
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1 fense plan referred to in subsection (a), the Secretary’s

2 plan shall provide for Department of Defense use of one

3 medium-lift launch vehicle for satellite payloads instead of

4 three medium-lift launch vehicles. The Secretary shall use

5 competitive procedures to select the supplier of medium6 lift launch vehicles.

7 (g) COST REDUCTION REQUIREMENT.—The plan

8 shall provide for reducing the cost of producing existing

9 launch vehicles at current and projected production rates

10 below the current estimates of the costs for such produc11 tion rates.

12 SEC. 215. MEDICAL COUNTERMEASURES AGAINST

13 BIOWARFARE THREATS.

14 (a) FUNDING.—Of the amounts appropriated pursu15 ant to section 201 for fiscal year 1994, not more than

16 $108,300,000 shall be available for the medical component

17 of the Biological Defense Research Program (BDRP) of

18 the Department of Defense.

19 (b) LIMITATIONS.—(1) Funds appropriated or other20 wise made available for the Department of Defense for

21 fiscal year 1994 may be obligated and expended for prod22 uct development, and for research, development, testing,

23 and evaluation, of medical countermeasures against

24 biowarfare threat agents only in accordance with this sec25 tion.
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1 (2) Of the funds made available pursuant to sub2 section (a), not more than $10,000,000 may be obligated

3 or expended for research, development, test, or evaluation

4 of medical countermeasures against far-term validated

5 biowarfare threat agents.

6 (3) Of the funds made available pursuant to sub7 section (a), other than funds made available pursuant to

8 paragraph (2) for the purpose set out in that paragraph—

9 (A) not more than 80 percent may be obligated

10 and expended for product development, or for re11 search, development, test, or evaluation, of medical

12 countermeasures against near-term validated

13 biowarfare threat agents; and

14 (B) not more than 20 percent may be obligated

15 or expended for product development, or for re16 search, development, test, or evaluation, of medical

17 countermeasures against mid-term validated

18 biowarfare threat agents.

19 (c) DEFINITIONS.—In this section, the terms ‘‘vali20 dated biowarfare threat agent’’, ‘‘near-term validated

21 biowarfare threat agent’’, ‘‘mid-term validated biowarfare

22 threat agent’’, and ‘‘far-term validated biowarfare threat

23 agent’’ have the meanings given such terms, respectively,

24 in section 241(c) of the National Defense Authorization
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1 Act for Fiscal Year 1993 (Public Law 102–484, 106 Stat.

2 2359).

3 SEC. 216. BASELINE REPORT FOR THE ARROW TACTICAL

4 BALLISTIC MISSILE DEFENSE SYSTEM.

5 (a) BASELINE REPORT REQUIRED.—Not later than

6 April 1, 1994, the Secretary of Defense shall submit to

7 the congressional defense committees a baseline report on

8 the Arrow tactical ballistic missile defense system of Is9 rael. The Secretary shall design the report to provide such

10 committees with the information the committees need to

11 perform their oversight function.

12 (b) CONTENT OF REPORT.—At a minimum, the re13 port shall include the following matters:

14 (1) The development and procurement sched15 ules for the program.

16 (2) The estimated total cost of the program.

17 (3) The estimated total cost to the United

18 States of involvement in the program, including

19 funding provided through foreign military sales fi20 nancing under the Arms Export Control Act.

21 (4) The same or similar kinds of information

22 that are included for a major defense acquisition

23 program in a Selected Acquisition Report submitted

24 pursuant to section 2432 of title 10, United States

25 Code, to the extent that the Secretary can adapt the
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1 information requirements of that section for applica2 tion to the Arrow tactical ballistic missile defense

3 system.

4 (5) An assessment of the performance of the

5 Arrow system.

6 (6) An evaluation of the development and pro7 duction risks under the program.

8 (7) Alternatives to the Arrow system for meet9 ing the tactical ballistic missile defense needs of Is10 rael, including providing Israel with an existing or

11 planned United States weapon system.

12 (8) For each such alternative—

13 (A) an assessment of the cost effectiveness

14 of undertaking the alternative;

15 (B) the technology transfer implications;

16 and

17 (C) the weapon proliferation implications.

18 (c) FORMS OF REPORT.—The Secretary shall submit

19 the report in classified and unclassified versions.

20 SEC. 217. LIMITATIONS REGARDING FEDERALLY FUNDED

21 RESEARCH AND DEVELOPMENT CENTERS.

22 (a) LIMITATIONS.—(1) Funds appropriated or other23 wise made available for the Department of Defense for

24 fiscal year 1994 pursuant to an authorization of appro25 priations in section 201 may be obligated for procuring
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1 work from any federally funded research and development

2 center named in the table in paragraph (2) subject to the

3 limitations set forth for such center in that table.

4 (2) The table referred to in paragraph (1) is as fol5 lows:

Federally funded research and

development

center:

Type of work for which

funds may be obligated:

Maximum

amount that

may be obligated:

Maximum

number of

MTS-years

that may

be procured:

Center for Naval

Analysis.

(unspecified) $45,400,000 230

Institute for Defense Analysis.Systems and engineering

in connection with operational test and evaluation.

$13,500,000 76

Research and development

in connection with command, control, communications, and intelligence.

$33,500,000 136

Studies and analysis. $56,000,000 300

Rand Project Air

Force.

(unspecified) $24,000,000 116

National Defense

Research Institute.

(unspecified) $23,200,000 115

Arroyo Center. (unspecified) $21,000,000 104

Logistics Management Institute.(unspecified) $25,690,000 96

Aerospace Corporation.(unspecified) $376,770,000 2,165

MIT Lincoln Laboratory.(unspecified) $299,300,000 994

Mitre .................... (unspecified) $399,700,000 2,357

Software Engineering Institute.(unspecified) $34,590,000 190

Institute for Advanced Technology.(unspecified) $0 0

6 (b) AUTHORITY TO WAIVE LIMITATIONS.—The Sec7 retary of Defense may waive a limitation regarding a max8 imum amount or a maximum number of MTS-years that
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1 applies under subsection (a) to a federally funded research

2 and development center if—

3 (1) the Secretary has notified the congressional

4 defense committees of the proposed waiver and the

5 reasons for the waiver, and the 60-day period that

6 begins on the date of the notification has elapsed; or

7 (2) the Secretary determines that it is essential

8 to the national security that funds be obligated for

9 work in excess of that limitation within 60 days and

10 notifies the congressional defense committees of that

11 determination and the reasons for the determination.

12 (c) REPORT ON ALLOCATIONS FOR CENTERS.—Not

13 later than 30 days after the date of the enactment of this

14 Act, the Secretary of Defense shall submit to the congres15 sional defense committees a report containing the follow16 ing information:

17 (1) The proposed funding level and the esti18 mated personnel level for fiscal year 1994 for each

19 federally funded research and development center.

20 (2) The funding source for that funding level,

21 by program element, and the amount transferred or

22 to be transferred from that source to each federally

23 funded research and development center.

24 (d) LIMITATION PENDING SUBMISSION OF RE25 PORT.—Notwithstanding any other provision of this sec-
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1 tion, no funds appropriated or otherwise made available

2 for the Department of Defense for fiscal year 1994 may

3 be obligated to obtain work from any federally funded re4 search and development center until the Secretary of De5 fense has submitted the report required by subsection (c).

6 (e) LIMITATION REGARDING EMPLOYEE COMPENSA7 TION.—(1) Except as provided in paragraph (2), during

8 fiscal year 1994 no appropriated funds may be used to

9 pay an employee of a federally funded research and devel10 opment center named in the table in subsection (a)(2) at

11 a higher rate of compensation than the rate of compensa12 tion that the center paid such employee during fiscal year

13 1993.

14 (2) The Secretary of Defense may waive the applica15 bility of the limitation in paragraph (1) to any federally

16 funded research and development center that certifies to

17 the Secretary of Defense that the total expenditures of the

18 center for fiscal year 1994, including any increases and

19 planned increases in the rates of compensation for employ20 ees of the center, will be less than the amount equal to

21 94 percent of the maximum amount set forth for such cen22 ter in the table in subsection (a)(2).

23 (f) DEFINITION.—In this section:
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1 (1) The term ‘‘MTS-year’’ means a member of

2 technical staff-year, as defined by the Secretary of

3 Defense.

4 (2) The term ‘‘technical staff’’, with respect to

5 a federally funded research and development center,

6 means the following employees of the center:

7 (A) Researchers.

8 (B) Mathematicians.

9 (C) Programmers.

10 (D) Analysts.

11 (E) Economists.

12 (F) Scientists.

13 (G) Engineers.

14 (H) Other employees of the center who

15 perform professional level technical work pri16 marily in any of the following fields:

17 (i) Studies and analyses.

18 (ii) System engineering and integra19 tion.

20 (iii) Systems planning.

21 (iv) Program and policy planning and

22 analysis.

23 (v) Basic and applied research.

24 (g) FUNDING.—(1) Of the amounts authorized to be

25 appropriated to the Department of Defense for research,
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1 development, test, and evaluation for fiscal year 1994 pur2 suant to section 201, not more than $1,352,650,000 may

3 be obligated for procuring services from the federally fund4 ed research and development centers listed in the table

5 in subsection (a)(2).

6 (2) None of the funds authorized to be obligated

7 under paragraph (1) may be obligated for the procurement

8 of services from the Institute for Advanced Technology.

9 (h) UNDISTRIBUTED REDUCTION.—The total

10 amount authorized to be appropriated for research, devel11 opment, test, and evaluation in section 201 is hereby re12 duced by $200,000,000.

13 Subtitle C—Missile Defense

14 Programs

15 SEC. 221. REVISION OF THE MISSILE DEFENSE ACT OF 1991.

16 (a) TERMINOLOGY AMENDMENTS.—The Missile De17 fense Act of 1991 (10 U.S.C. 2431 note) is amended—

18 (1) in section 234(c)(1)—

19 (A) by striking out ‘‘Strategic Defense Ini20 tiative Organization (SDIO)’’ and inserting in

21 lieu thereof ‘‘Ballistic Missile Defense Organiza22 tion (BMDO)’’; and

23 (B) by striking out ‘‘Strategic Defense Ini24 tiative Organization’s’’ and inserting in lieu
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1 thereof ‘‘Ballistic Missile Defense Organiza2 tion’s’’;

3 (2) in section 235—

4 (A) in the section heading, by striking out

5 ‘‘STRATEGIC DEFENSE INITIATIVE’’ and in6 serting in lieu thereof ‘‘BALLISTIC MISSILE

7 DEFENSE PROGRAM’’; and

8 (B) in the text of such section, by striking

9 out ‘‘Strategic Defense Initiative’’ each place it

10 appears and inserting in lieu thereof ‘‘Ballistic

11 Missile Defense program’’;

12 (3) in the heading of section 236, by striking

13 out ‘‘SDI’’ and inserting in lieu thereof ‘‘BMD’’; and

14 (4) in sections 234, 235, and 236, by striking

15 out ‘‘Strategic Defense Initiative Organization’’ each

16 place it appears and inserting in lieu thereof ‘‘Ballis17 tic Missile Defense Organization’’.

18 (b) REPEAL OF FUNDING, REPORTING, AND TRANS19 FER PROVISIONS.—(1) Section 237 of such Act is re20 pealed.

21 (2) Such Act is amended by redesignating sections

22 238, 239, and 240 as sections 237, 238, and 239, respec23 tively.
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1 SEC. 222. FUNDING OF CERTAIN BALLISTIC MISSILE DE2 FENSE PROGRAMS.

3 (a) FUNDING FOR CERTAIN BALLISTIC MISSILE

4 RDT&E.—If a decision is not made before February 28,

5 1994, to proceed into engineering and manufacturing de6 velopment under a weapon system program referred to in

7 subsection (b), the funds appropriated pursuant to the au8 thorization of appropriations in section 201 that are avail9 able for engineering and manufacturing development for

10 such a program shall be available for research, develop11 ment, test, and evaluation of the Patriot PAC–3 Missile

12 program.

13 (b) COVERED WEAPON SYSTEM PROGRAMS.—For

14 purposes of subsection (a) the weapon system programs

15 referred to in this subsection are as follows:

16 (1) The Patriot Multimode Missile Program.

17 (2) The Extended Range Interceptor (ERINT)

18 missile program.

19 SEC. 223. REQUIREMENT FOR REVIEW OF BALLISTIC MIS20 SILE DEFENSE SYSTEMS AND COMPONENTS

21 FOR COMPLIANCE WITH ABM TREATY.

22 (a) FINDINGS.—Congress makes the following find23 ings:

24 (1) That section 232(a)(1) of the Missile De25 fense Act of 1991 (10 U.S.C. 2431 note) establishes

26 a goal for the United States to comply with the
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1 ABM Treaty (including any protocol or amendment

2 thereto) and not develop, test, or deploy any ballistic

3 missile defense system, or component thereof, in vio4 lation of that treaty (as modified by any protocol or

5 amendment thereto) while deploying an anti-ballistic

6 missile system capable of providing a highly effective

7 defense of the United States against limited attacks

8 of ballistic missiles.

9 (2) That the Department of Defense has con10 ducted no formal compliance reviews of any of the

11 components or systems scheduled for early deploy12 ment as part of either the Theater Missile Defense

13 Initiative or the initial limited defense system to be

14 located at Grand Forks, North Dakota.

15 (3) That the Department of Defense is continu16 ing to obligate hundreds of millions of dollars during

17 fiscal year 1993 for the development and testing of

18 systems or components of ballistic missile defense

19 systems prior to a determination that, if successfully

20 developed, tested, or deployed, those systems and

21 components would be in compliance with the ABM

22 Treaty.

23 (4) That the Department of Defense is request24 ing the authorization and appropriation of additional
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1 funds for continued development of such systems

2 and components during fiscal year 1994.

3 (5) That the United States and its allies face

4 existing and expanding threats from ballistic missiles

5 capable of being utilized as theater weapon systems

6 that are presently possessed by, being developed by,

7 or being acquired by a number of countries such as

8 Iraq, Iran, North Korea, and others.

9 (6) That some theater ballistic missiles pres10 ently deployed or being developed (such as the Chi11 nese-made CSS–2) have capabilities equal to or

12 greater than missiles which had been determined to

13 be strategic missiles 20 years earlier under the

14 U.S.–USSR SALT I Interim Agreement of 1972.

15 (7) That the ABM Treaty was not intended to,

16 and does not, apply to or limit research, develop17 ment, testing, or deployment of missile defense sys18 tems, system upgrades, or system components that

19 are designed to counter modern theater ballistic mis20 siles regardless of their capabilities, unless such sys21 tems, system upgrades, or system components are

22 tested against or have demonstrated capabilities to

23 counter modern strategic ballistic missiles.

24 (8) That it is a national security priority of the

25 United States to develop and deploy highly effective
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1 theater missile defense systems capable of counter2 ing the existing and expanding threats posed by

3 modern theater ballistic missiles, as soon as is tech4 nically possible.

5 (9) That it is essential that the Secretary of

6 Defense immediately undertake and complete com7 pliance reviews of proposed theater missile defense

8 systems, system upgrades, and system components

9 so as to not delay the development and deployment

10 of such highly effective theater missile defense sys11 tems.

12 (10) That the Secretary of Defense should im13 mediately report to the Congress on any issue which

14 arises during the course of such compliance reviews

15 which appears to indicate that any provision of the

16 ABM Treaty may limit research, development, test17 ing, or deployment by the United States of highly ef18 fective theater missile defense systems capable of

19 countering modern theater ballistic missiles.

20 (b) REQUIRED COMPLIANCE REVIEW.—(1) The Sec21 retary of Defense shall review the program for each sys22 tem and system upgrade specified in paragraph (2), and

23 the system components, to determine whether the develop24 ment, testing, and deployment of that system or system

25 upgrade complies with the ABM Treaty.
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1 (2) The systems and system upgrades to be reviewed

2 pursuant to paragraph (1) are as follows:

3 (A) The Patriot Multimode Missile.

4 (B) The Extended Range Interceptor (ERINT).

5 (C) The Ground-Based Radar for theater mis6 sile defenses (GBR–T).

7 (D) The Theater High Altitude Area Defense

8 interceptor missile (THAAD).

9 (E) The Brilliant Eyes space-based sensor sys10 tem.

11 (F) Upgrades to the AEGIS/SPY radar system

12 of the Navy.

13 (G) Upgrades to the Standard Missile–2 (SM–

14 2) interceptor of the Navy.

15 (c) REPORT REQUIRED.—(1) For each system and

16 system upgrade specified in paragraph (2) of subsection

17 (b), the Secretary shall submit to the congressional de18 fense committees a report on the results of the review re19 quired by that subsection. A report may include the results

20 of the reviews of more than one system and system up21 grade.

22 (2) With regard to the Brilliant Eyes space-based

23 sensor, the Secretary shall include in the report findings

24 on each of the following issues:
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1 (A) Would the current baseline configuration of

2 the Brilliant Eyes space-based sensor comply with

3 the ABM Treaty if the system were used in conjunc4 tion with the planned ground-based radar system

5 and its ground-based interceptors at Grand Forks,

6 North Dakota?

7 (B) If not, can design changes or operational

8 changes be made to the Brilliant Eyes space-based

9 sensor that—

10 (i) will result in the usability of the sensor

11 in conjunction with the planned ground-based

12 radar system and its ground-based interceptors

13 being in compliance with the ABM Treaty; and

14 (ii) will not prevent the system from per15 forming its strategic defense missions with a

16 high degree of effectiveness?

17 (C) If not, can the Brilliant Eyes space-based

18 sensor be made, through design changes or oper19 ational changes, for use only with theater missile de20 fense systems and be in compliance with the ABM

21 Treaty?

22 (D) If so, to what extent would the Brilliant

23 Eyes space-based sensor enhance the capability of

24 upper-tier theater defense systems and lower-tier

25 theater defense systems, respectively?
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1 (d) LIMITATIONS ON FUNDING.—(1) Not more than

2 one-half of the funds reported pursuant to section 227(c)

3 to be allocated for fiscal year 1994 for a system or system

4 upgrade specified in subsection (b)(2) of this section may

5 be obligated for that system or system upgrade, or any

6 of its components, until the Secretary has completed the

7 compliance review of such system or system upgrade re8 quired by subsection (b) and has submitted to the congres9 sional defense committees the report on the results of the

10 compliance review of that system or system upgrade as

11 required by subsection (c). The preceding sentence does

12 not apply with respect to the Brilliant Eyes space-based

13 sensor system.

14 (2) Not more than $50,000,000 may be obligated for

15 the Brilliant Eyes space-based sensor until the Secretary

16 has completed the compliance review of such system re17 quired by subsection (b) and has submitted to the congres18 sional defense committees the report required under sub19 section (c) for that system.

20 (e) ABM TREATY COMPLIANCE OF THEATER MIS21 SILE DEFENSE SYSTEMS.—The Secretary of Defense has

22 assured the Congress in the January 1993 Report to Con23 gress on the Strategic Defense Initiative and in the June

24 1993 Report to Congress on the Theater Missile Defense

25 Initiative that all programs, projects, and activities under
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1 both initiatives that are planned for execution in fiscal

2 year 1994 fully comply with the ABM Treaty.

3 (f) DEFINITION.—In this section, the term ‘‘ABM

4 Treaty’’ has the meaning given such term in section 239

5 of the Missile Defense Act of 1991 (10 U.S.C. 2431 note).

6 SEC. 224. THEATER MISSILE DEFENSE MASTER PLAN.

7 (a) MASTER PLAN REQUIRED.—(1) Not later than

8 March 1, 1994, the Secretary of Defense shall submit to

9 Congress a report containing an updated master plan for

10 theater missile defenses.

11 (2) The plan shall include the following matters:

12 (A) A description of the mission and scope of

13 theater missile defense.

14 (B) A description of the role of each of the

15 Armed Forces in theater missile defense and an ex16 planation of how those roles interact and com17 plement each other.

18 (C) An evaluation of the cost and relative effec19 tiveness of each interceptor and sensor under devel20 opment as part of a theater missile defense system

21 by the Ballistic Missile Defense Organization.

22 (D) A detailed acquisition strategy for theater

23 missile defenses, including an analysis and compari24 son of the projected life-cycle costs of each theater
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1 missile defense system intended for production,

2 showing the component costs for—

3 (i) research, development, test, and evalua4 tion;

5 (ii) procurement;

6 (iii) operation and maintenance; and

7 (iv) personnel for each system.

8 (E) The baseline production rate for each sys9 tem for each year of the program through comple10 tion of procurement.

11 (F) An estimate of the unit cost and capabili12 ties of each element.

13 (G) A description of the current and planned

14 testing program for theater missile defenses, includ15 ing a description of demonstration targets to be

16 tracked and engaged by multiple interceptors, target

17 discrimination from decoys, and a shoot-look-shoot

18 capability.

19 (H) A description of how any projected theater

20 missile defense program will conform to existing

21 Anti-Ballistic Missile Treaty and Intermediate Nu22 clear Forces Treaty regimes, indicating clearly any

23 potential noncompliance with either treaty regime,

24 when such noncompliance would occur, and the posi25 tion of the Secretary of Defense as to whether provi-
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1 sions of either treaty regime would have to be re2 negotiated within that regime in order to address fu3 ture contingencies.

4 (I) A description of planned theater missile de5 fense doctrine, training, tactics, and force structure.

6 (b) OBJECTIVES OF PLAN.—In preparing the master

7 plan the Secretary shall—

8 (1) seek to maximize the use of existing tech9 nologies (such as AEGIS, Patriot, and THAAD)

10 rather than develop new systems;

11 (2) seek to maximize integration and compat12 ibility among the systems, roles, and missions of the

13 military departments; and

14 (3) seek to promote cross-service use of existing

15 equipment (such as development of Army equipment

16 for the Marine Corps or ground utilization of an air

17 or sea system).

18 SEC. 225. EXTENSION OF AUTHORITY FOR TRANSFER OF

19 RESPONSIBILITY FOR FAR-TERM FOLLOW-ON

20 TECHNOLOGIES.

21 Section 234(d)(2) of the National Defense Authoriza22 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

23 Stat. 2357; 10 U.S.C. 2431 note) is amended—

24 (1) in subparagraph (A)—
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1 (A) by striking out ‘‘1993’’ and inserting

2 in lieu thereof ‘‘1994’’;

3 (B) by striking out ‘‘(A)’’; and

4 (C) by redesignating clauses (i) and (ii) as

5 subparagraphs (A) and (B), respectively; and

6 (2) by striking out ‘‘(B) For purposes of sub7 paragraph (A),’’ and all that follows.

8 SEC. 226. REPORT ON ACQUISITION STREAMLINING TO AC9 CELERATE DEPLOYMENT OF INITIAL ABM

10 SYSTEM.

11 (a) FINDINGS.—The Congress makes the following

12 findings:

13 (1) The Missile Defense Act of 1991 (10 U.S.C.

14 2431 note) calls for the deployment of an ABM

15 Treaty-compliant anti-ballistic missile system capa16 ble of providing a highly effective defense of the

17 United States against limited attacks by ballistic

18 missiles.

19 (2) That Act directed the Secretary of Defense

20 to structure a development program with the objec21 tive of deploying such systems by the earliest date

22 allowed by the availability of appropriate technology

23 and the completion of adequate integrated testing of

24 all systems components.
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1 (3) Since 1983, in excess of $30,000,000,000

2 has been provided for research and development of

3 ballistic missile defense capabilities.

4 (4) Notwithstanding this huge expenditure of

5 funds on missile defense technologies, the Secretary

6 of Defense has proposed deployment of such a sys7 tem no sooner than 2004.

8 (5) It is incredible that the initial deployment

9 of a limited defense capability requires another 11

10 years to accomplish within the congressionally man11 dated guidance.

12 (b) REVIEW REQUIRED.—The Secretary of Defense

13 shall conduct an intensive and extensive review of opportu14 nities to streamline the weapon systems acquisition proc15 ess applicable to the development, deployment, and testing

16 of ballistic missile defenses with the objective of reducing

17 the cost of deployment and accelerating the schedule for

18 deployment without significantly increasing programmatic

19 risk or concurrency. In conducting the review, the Sec20 retary shall obtain recommendations and advice from the

21 Defense Science Board, the faculty of the Industrial Col22 lege of the Armed Forces, and federally funded research

23 and development centers supporting the Office of the Sec24 retary of Defense.
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1 (c) REPORT REQUIRED.—Not later than May 1,

2 1994, the Secretary shall submit to the congressional de3 fense committees a report on his findings resulting from

4 the review together with his recommendations for legisla5 tion, if any. The Secretary shall submit the report in un6 classified form, but may also submit a classified version

7 of the report if he considers it necessary to classify any

8 of the information in his findings or recommendations or

9 any related information.

10 SEC. 227. FUNDING FOR BALLISTIC MISSILE DEFENSE PRO11 GRAMS.

12 (a) TOTAL AMOUNT.—Of the amounts appropriated

13 pursuant to section 201 for fiscal year 1994, or otherwise

14 made available to the Department of Defense for research,

15 development, test and evaluation for fiscal year 1994, not

16 more than $2,684,535,000 may be obligated for programs

17 managed by the Ballistic Missile Defense Organization, of

18 which—

19 (1) not more than 48 percent of the total

20 amount may be obligated for Theater Missile De21 fense;

22 (2) not more than 32 percent of the total

23 amount may be obligated for the Limited Defense

24 System;
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1 (3) not more than 9 percent of the total

2 amount may be obligated for Other Follow-On Sys3 tems;

4 (4) not more than 10 percent of the total

5 amount may be obligated for Research and Other

6 Support Activities; and

7 (5) not more than 1 percent of the total

8 amount may be obligated for Small Business Innova9 tion Research program and the Small Business

10 Technology Transfer program.

11 Notwithstanding paragraphs (1), (2), (3), and (4), the

12 Secretary of Defense may obligate for a ballistic missile

13 defense initiative or program element referred to in any

14 such paragraph a total amount that exceeds by not more

15 than 10 percent the maximum amount determined under

16 that paragraph, except that the total amount obligated for

17 all programs managed by the Ballistic Missile Defense Or18 ganization may not exceed the total amount authorized in

19 the matter above paragraph (1).

20 (b) LIMITATION ON NUMBER OF TMD PROGRAMS.—

21 (1) Subject to paragraph (2), the amount authorized to

22 be obligated for Theater Missile Defense may be obligated

23 only for—

24 (A) the Patriot PAC–3 Missile program;
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1 (B) not more than 2 other lower-tier theater

2 missile defense programs;

3 (C) not more than 2 upper-tier theater missile

4 defense programs; and

5 (D) not more than 2 boost-phase intercept thea6 ter missile defense programs.

7 (2) The President may waive the limitation in para8 graph (1) to the extent that the President determines ap9 propriate in the national security interest of the United

10 States.

11 (c) FUNDS NOT TO BE MADE AVAILABLE FOR BRIL12 LIANT EYES.—None of the funds authorized to be obli13 gated under subsection (a) may be obligated for the Bril14 liant Eyes space-based sensor program.

15 (d) REPORTING REQUIREMENT.—Not later than 60

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to the congressional defense

18 committees a report on the allocation of funds appro19 priated for the ballistic missile defense program for fiscal

20 year 1994. The report shall specify the amount of such

21 funds allocated for each program, project, and activity

22 managed by the Ballistic Missile Defense Organization

23 and shall list each ballistic missile defense program,

24 project, and activity under the appropriate program ele25 ment.
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1 SEC. 228. TESTING OF NATIONAL MISSILE DEFENSE PRO2 GRAM PROJECTS.

3 (a) ADVANCE REVIEW AND APPROVAL OF PROPOSED

4 DEVELOPMENTAL TESTS.—No developmental test may be

5 conducted under the limited missile defense program ele6 ment of the Ballistic Missile Defense Program until the

7 Director of the Ballistic Missile Defense Organization has

8 notified the Secretary of Defense of the test and the Sec9 retary has reviewed and approved (or approved with

10 changes) the test plan.

11 (b) INDEPENDENT MONITORING OF TESTS.—(1) The

12 Secretary shall provide for monitoring of the implementa13 tion of each test plan referred to in subsection (a) by a

14 group composed of independent persons who—

15 (A) by reason of education, training, or experi16 ence, are qualified to monitor the testing covered by

17 the plan; and

18 (B) are not assigned or detailed to, or otherwise

19 performing duties of, the Ballistic Missile Defense

20 Organization and are otherwise independent of such

21 organization.

22 (2) The monitoring group shall submit to the Sec23 retary its analysis of, and conclusions regarding, the con24 duct and results of each test monitored by the group.
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1 Subtitle D—Other Matters

2 SEC. 231. NUCLEAR TESTING.

3 (a) LIMITATIONS.—(1) None of the funds appro4 priated pursuant to an authorization in this or any other

5 Act may be obligated to support underground explosions

6 of nuclear weapons, or devices, for testing of the effects

7 of nuclear weapon explosions, including the so-called

8 ‘‘Mighty Uncle’’ test.

9 (2) Funds available for the so-called ‘‘Mighty Uncle’’

10 test may not be obligated until the Secretary of Defense

11 submits to the congressional defense committees a detailed

12 spending plan for underground nuclear weapon testing

13 that is consistent with the provisions of section 507 of

14 Public Law 102–377 (106 Stat. 1343).

15 (b) CERTAIN ACTIONS AUTHORIZED.—The Secretary

16 of Defense may proceed with underground nuclear test

17 tunnel deactivation and environmental cleanup and may

18 expend funds for infrastructure activities not prohibited

19 by subsection (a).

20 (c) FUNDING.—Of the funds authorized to be appro21 priated pursuant to section 201, not more than

22 $38,000,000 may be used for activities described in sub23 section (b).
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1 (d) TERMINATION OF SAFEGUARD C PROGRAM.—

2 The atmospheric test readiness program known as ‘‘Safe3 guard C’’ is hereby terminated.

4 SEC. 232. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT

5 RESPONSIBILITY FOR NAVAL MINE COUN6 TERMEASURES PROGRAM TO THE DIRECTOR,

7 DEFENSE RESEARCH AND ENGINEERING.

8 Section 216(a) of the National Defense Authorization

9 for Fiscal Years 1992 and 1993 (Public Law 102–190;

10 105 Stat. 1317) as amended by section 215(l) of the Na11 tional Defense Authorization Act for Fiscal Year 1993

12 (Public Law 102–484; 106 Stat. 2352) is amended by

13 striking out ‘‘fiscal years 1994 through 1997’’ and insert14 ing in lieu thereof ‘‘fiscal years 1995 through 1999’’.

15 SEC. 233. TERMINATION, REESTABLISHMENT, AND RECON16 STITUTION OF AN ADVISORY COUNCIL ON

17 SEMICONDUCTOR TECHNOLOGY.

18 (a) TERMINATION OF ADVISORY COUNCIL ON FED19 ERAL PARTICIPATION IN SEMATECH.—The Advisory

20 Council on Federal Participation in Sematech established

21 by section 273 of the National Defense Authorization Act

22 for Fiscal Years 1988 and 1989 (15 U.S.C. 4603) is here23 by terminated.

24 (b) SEMICONDUCTOR TECHNOLOGY COUNCIL.—Sec25 tion 273 of the National Defense Authorization Act for
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1 Fiscal Years 1988 and 1989 (15 U.S.C. 4603) is amended

2 by striking out the heading and subsections (a) through

3 (c) and inserting in lieu thereof the following:

4 ‘‘SEC. 273. SEMICONDUCTOR TECHNOLOGY COUNCIL.

5 ‘‘(a) ESTABLISHMENT.—There is established the

6 Semiconductor Technology Council.

7 ‘‘(b) PURPOSES AND FUNCTIONS.—(1) The purposes

8 of the Council are—

9 ‘‘(A) to seek ways to respond to the technology

10 challenges for semiconductors by increasing effi11 ciency, promoting creativity and entrepreneurship,

12 and fostering precompetitive cooperation among in13 dustry, government, and academia; and

14 ‘‘(B) to make available judgments, assessments,

15 insights, and recommendations that relate to the op16 portunities for new research and development efforts

17 and the potential to better rationalize and align on

18 a national basis semiconductor research and develop19 ment.

20 ‘‘(2) The Council shall—

21 ‘‘(A) advise Sematech and the Secretary of De22 fense on appropriate technology goals for the re23 search and development activities of Sematech;

24 ‘‘(B) review the technology developments and

25 core technology challenges for semiconductors and
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1 explore opportunities for improved coordination

2 among industry, government, and academia;

3 ‘‘(C) exchange views regarding the competitive4 ness of the semiconductor technology base and new

5 or emerging semiconductor technologies that could

6 affect national economic and security interests;

7 ‘‘(D) exchange and update information and

8 identify overlaps and gaps regarding the efforts of

9 industry, government, and academia in semiconduc10 tor research and development;

11 ‘‘(E) assess technology progress relative to the

12 semiconductor technology roadmap;

13 ‘‘(F) make recommendations regarding the

14 scope and content of semiconductor technology de15 velopment supported by Federal departments and

16 agencies;

17 ‘‘(G) appoint subgroups as necessary in connec18 tion with updating and implementing the semi19 conductor technology roadmap; and

20 ‘‘(H) publish an annual report addressing the

21 semiconductor technology challenges and develop22 ments for industry, government, and academia and

23 the relationship among the challenges and develop24 ments for each, with particular emphasis on the role

25 of Sematech.
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1 ‘‘(c) MEMBERSHIP.—The Council shall be composed

2 of 14 members as follows:

3 ‘‘(1) The Under Secretary of Defense for Ac4 quisition, who shall be Cochairman of the Council.

5 ‘‘(2) The Under Secretary of Energy respon6 sible for science and technology matters.

7 ‘‘(3) The Under Secretary of Commerce for

8 Technology.

9 ‘‘(4) The Director of the Office of Science and

10 Technology Policy.

11 ‘‘(5) The Assistant to the President for Eco12 nomic Policy.

13 ‘‘(6) The Director of the National Science

14 Foundation.

15 ‘‘(7) Eight members appointed by the President

16 as follows:

17 ‘‘(A) Four individuals who are eminent in

18 the semiconductor device industry, one of whom

19 shall be Cochairman of the Council.

20 ‘‘(B) Two individuals who are eminent in

21 the semiconductor equipment and materials in22 dustry.

23 ‘‘(C) One individual who is eminent in the

24 semiconductor user industry.
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1 ‘‘(D) One individual who is eminent in an

2 academic institution.’’.

3 (c) CONFORMING AMENDMENTS.—Part F of title II

4 of such Act is amended—

5 (1) in section 271(c) (15 U.S.C. 4601(c)), by

6 striking out paragraph (1) and inserting in lieu

7 thereof the following:

8 ‘‘(1) The terms ‘Semiconductor Technology

9 Council’ and ‘Council’ mean the advisory council es10 tablished by section 273.’’;

11 (2) in section 272(b)(1)(B) (15 U.S.C.

12 4602(b)(1)(B)), by striking out ‘‘Advisory Council

13 on Federal Participation in Sematech’’ and inserting

14 in lieu thereof ‘‘Semiconductor Technology Council’’;

15 and

16 (3) in section 273 (15 U.S.C. 4603)—

17 (A) in the first sentence of subsection

18 (d)—

19 (i) by striking out ‘‘(c)(6)’’ and insert20 ing in lieu thereof ‘‘(c)(7)’’; and

21 (ii) by striking out ‘‘two shall be ap22 pointed for a term of two years’’ and in23 serting in lieu thereof ‘‘three shall be ap24 pointed for a term of two years’’;
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1 (B) in the first sentence of subsection (e),

2 by striking out ‘‘(c)(6)’’ and inserting in lieu

3 thereof ‘‘(c)(7)’’; and

4 (C) in subsection (f), by striking out

5 ‘‘Seven members’’ and inserting in lieu thereof

6 ‘‘Nine members’’.

7 (d) AUTHORITY TO CALL MEETING.—Section 273(g)

8 of such Act (15 U.S.C. 4603(g)) is amended by striking

9 out ‘‘the Chairman or a majority of its members’’ and in10 serting in lieu thereof ‘‘a Cochairman’’.

11 (e) SOURCE OF SUPPORT FOR SEMATECH.—Section

12 273 of such Act (22 U.S.C. 4603) is amended by adding

13 at the end the following new subsection:

14 ‘‘(j) SUPPORT FOR COUNCIL.—The Council shall uti15 lize Sematech as needed for general and administrative

16 support in accomplishing the Council’s purposes.’’.

17 (f) FIRST MEETING OF NEW COUNCIL.—The first

18 meeting of the Semiconductor Technology Council shall be

19 held not later than 45 days after the date of the enactment

20 of this Act.

21 (g) REFERENCE TO COUNCIL.—A reference in any

22 provision of law to the Advisory Council on Federal Par23 ticipation in Sematech shall be deemed to refer to the

24 Semiconductor Technology Council established by section
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1 273 of the National Defense Authorization Act for Fiscal

2 Years 1988 and 1989, as amended by subsection (b).

3 SEC. 234. AUTHORITY TO ACQUIRE NAVY LARGE CAVITA4 TION CHANNEL, MEMPHIS, TENNESSEE.

5 (a) AUTHORITY TO ACQUIRE.—The Secretary of the

6 Navy may acquire all right, title, and interest of any party

7 in and to a parcel of real property, including improve8 ments thereon, consisting of approximately 88 acres and

9 located on President’s Island, Memphis, Tennessee, the

10 site of the Navy Large Cavitation Channel.

11 (b) FUNDING.—To the extent provided in appropria12 tions Acts, amounts appropriated pursuant to section

13 201(2) for the Navy shall be available for the acquisition

14 of real property authorized under subsection (a).

15 (c) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be acquired

17 under subsection (a) shall be determined by a survey that

18 is satisfactory to the Secretary.

19 (d) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require any additional terms and conditions

21 in connection with the acquisition under subsection (a)

22 that the Secretary considers appropriate to protect the in23 terests of the United States.
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1 SEC. 235. STRATEGIC ENVIRONMENTAL RESEARCH COUN2 CIL.

3 (a) MEMBERSHIP.—Section 2902(b) of title 10,

4 United States Code, is amended—

5 (1) by striking out paragraph (1);

6 (2) by redesignating paragraphs (2), (3), and

7 (4), as paragraphs (1), (2), and (3), respectively;

8 (3) by inserting after paragraph (3), as so re9 designated, the following new paragraph (4):

10 ‘‘(4) The Deputy Under Secretary of Defense

11 responsible for environmental security.’’; and

12 (4) by striking out paragraph (6) and inserting

13 in lieu thereof the following new paragraph (6):

14 ‘‘(6) The Assistant Secretary of Energy respon15 sible for environmental restoration and waste man16 agement.’’.

17 (b) EXTENSION OF AUTHORITY TO ESTABLISH EM18 PLOYEE PAY RATES.—Section 2903(d)(2) of title 10,

19 United States Code, is amended by striking out ‘‘Novem20 ber 5, 1992’’ and inserting in lieu thereof ‘‘September 30,

21 1995’’.

22 SEC. 236. SENSE OF THE SENATE ON METALCASTING IN23 DUSTRY.

24 It is the Sense of the Senate that—

25 (1) The health and viability of the metalcasting

26 industry of the United States are a serious risk, and
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1 (2) The Secretary of Defense should seriously

2 consider providing funds, from within the funds

3 made available pursuant to section 204, for

4 metalcasting industry research and development ac5 tivities, including the following activities:

6 (A) Development of casting technologies

7 and techniques.

8 (B) Improvement of technology transfer

9 within the metalcasting industry in the United

10 States.

11 (C) Improvement of training for the

12 metalcasting industry workforce.

13 SEC. 237. INTERIM RECONNAISSANCE PROGRAM.

14 (a) Of the funds authorized to be appropriated in sec15 tion 201 for the Joint Program Office for Unmanned Aer16 ial Vehicles, up to $40,000,000 may be obligated and ex17 pended for the purposes of initiating a long-endurance, un18 manned reconnaissance aerial vehicle program, subject to

19 the conditions outlined in subsection (b) and subsection

20 (c).

21 (b) The funds may be obligated only to procure, inte22 grate, test and evaluate non-development airframes, sen23 sors, communication equipment, mission planning equip24 ment and ground stations.
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1 (c) None of the funds may be obligated until the De2 partment identifies the programs within the jurisdiction

3 of the Joint Program Office that will be terminated or

4 deferred, consistent with normal reprogramming proce5 dures.

6 Subtitle E—Programs in Support of

7 the Prevention and Control of

8 Proliferation of Weapons of

9 Mass Destruction

10 SEC. 241. SHORT TITLE.

11 This subtitle may be cited as the ‘‘Prevention and

12 Control of the Proliferation of Weapons of Mass Destruc13 tion Act of 1993’’.

14 SEC. 242. SENSE OF CONGRESS.

15 It is the sense of Congress that—

16 (1) the United States should have the ability to

17 counter effectively potential threats to United States

18 interests that arise from the proliferation of such

19 weapons;

20 (2) the Department of Defense, the Department

21 of Energy, and the Intelligence Community have an

22 important role in preventing the proliferation of

23 weapons of mass destruction and dealing with the

24 consequences of any proliferation of such weapons;
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1 (3) the Department of Defense, the Department

2 of Energy, and the Intelligence Community have

3 unique capabilities and expertise that can enhance

4 the effectiveness of United States and international

5 nonproliferation efforts, including capabilities and

6 expertise regarding—

7 (A) detection and monitoring of prolifera8 tion of weapons of mass destruction;

9 (B) development of effective export control

10 regimes;

11 (C) interdiction and destruction of weap12 ons of mass destruction and related weapons

13 material; and

14 (D) carrying out international monitoring

15 and inspection regimes that relate to prolifera16 tion of such weapons and material;

17 (4) the Department of Defense, the Department

18 of Energy, and the Intelligence Community have

19 unique capabilities and expertise that directly con20 tribute to the ability of the United States to imple21 ment United States policy to counter effectively the

22 threats that arise from the proliferation of weapons

23 of mass destruction, including capabilities and exper24 tise regarding—
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1 (A) responses to terrorism, theft, or acci2 dents involving weapons of mass destruction;

3 (B) conduct of intrusive international in4 spections for verification of arms control trea5 ties;

6 (C) direct and discrete counterproliferation

7 actions that require use of force; and

8 (D) development and deployment of active

9 military countermeasures and protective meas10 ures against threats resulting from arms pro11 liferation, including defenses against ballistic

12 missile attacks; and

13 (5) in a manner consistent with the non14 proliferation policy of the United States, the Depart15 ment of Defense, the Department of Energy, and

16 the Intelligence Community should continue to main17 tain and improve their capabilities to identify, mon18 itor, and respond to the proliferation of weapons of

19 mass destruction and delivery systems for such

20 weapons.

21 SEC. 243. JOINT COMMITTEE FOR REVIEW OF NON22 PROLIFERATION PROGRAMS OF THE UNITED

23 STATES.

24 (a) ESTABLISHMENT.—(1) In support of the non25 proliferation policy of the United States, there is hereby
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1 established a Non-Proliferation Program Review Commit2 tee composed of the following members:

3 (A) The Secretary of Defense.

4 (B) The Secretary of Energy.

5 (C) The Director of Central Intelligence.

6 (D) The Director of the United States Arms

7 Control Disarmament Agency.

8 (E) The Chairman of the Joint Chiefs of Staff.

9 (2) The Secretary of Defense shall chair the commit10 tee.

11 (3) A member of the committee may designate a rep12 resentative to perform routinely the duties of the member.

13 A representative shall be in a position of Deputy Assistant

14 Secretary or a position equivalent to or above the level

15 of Deputy Assistant Secretary. A representative of the

16 Chairman of the Joint Chiefs of Staff shall be a person

17 in a grade equivalent to that of Deputy Assistant Sec18 retary of Defense.

19 (4) The Secretary of Defense may delegate to the

20 Under Secretary of Defense for Acquisition the perform21 ance of the duties of the Chairman of the committee.

22 (5) The members of the committee shall first meet

23 not later than 30 days after the date of the enactment

24 of this Act. Upon designation of working level officials and

25 representatives, the members of the committee shall joint-
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1 ly notify the appropriate committees of Congress that the

2 committee has been constituted. The notification shall

3 identify the representatives designated pursuant to para4 graph (3) and the working level officials of the committee.

5 (b) PURPOSES OF THE COMMITTEE.—The purposes

6 of the committee are as follows:

7 (1) To optimize funding for, and ensure the de8 velopment and deployment of—

9 (A) highly effective technologies and capa10 bilities for the detection, monitoring, collection,

11 processing, analysis, and dissemination of infor12 mation in support of United States non13 proliferation policy; and

14 (B) disabling technologies in support of

15 such policy.

16 (2) To identify and eliminate undesirable

17 redundancies or uncoordinated efforts in the devel18 opment and deployment of such technologies and ca19 pabilities.

20 (c) DUTIES.—The committee shall—

21 (1) identify and review existing and proposed

22 capabilities (including counterproliferation capabili23 ties) and technologies for support of United States

24 nonproliferation policy with regard to—

25 (A) intelligence;
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1 (B) battlefield surveillance;

2 (C) passive defenses;

3 (D) active defenses;

4 (E) counterforce capabilities;

5 (F) inspection support; and

6 (G) support of export control programs;

7 (2) as part of the review pursuant to paragraph

8 (1), review all directed energy and laser programs

9 for detecting, characterizing, or interdicting weapons

10 of mass destruction, their delivery platforms, or

11 other orbiting platforms with a view to the elimi12 nation of redundancy and the optimization of fund13 ing for the systems not eliminated;

14 (3) prescribe requirements and priorities for the

15 development and deployment of highly effective ca16 pabilities and technologies to support fully the non17 proliferation policy of the United States;

18 (4) identify deficiencies in existing capabilities

19 and technologies;

20 (5) formulate near-term, mid-term, and long21 term programmatic options for meeting require22 ments established by the committee and eliminating

23 deficiencies identified by the committee; and
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1 (6) in carrying out the other duties of the com2 mittee, ensure that all types of counterproliferation

3 actions are considered.

4 (d) ACCESS TO INFORMATION.—The committee shall

5 have access to information on all programs, projects, and

6 activities of the Department of Defense, Department of

7 Energy, and the intelligence community that are pertinent

8 to the purposes and duties of the committee.

9 (e) BUDGET RECOMMENDATIONS.—The committee

10 may submit to the officials referred to in subsection (a)

11 any recommendations regarding existing or planned budg12 ets as the committee considers appropriate to encourage

13 funding for capabilities and technologies at the level nec14 essary to support United States nonproliferation policy.

15 SEC. 244. REPORT ON NONPROLIFERATION AND

16 COUNTERPROLIFERATION ACTIVITIES AND

17 PROGRAMS.

18 (a) REPORT REQUIRED.—Not later than May 1,

19 1994, the Secretary of Defense shall submit to Congress

20 a report on the findings of the committee on nonprolifera21 tion activities established pursuant to section 243.

22 (b) CONTENT OF REPORT.—The report shall include

23 the following matters:

24 (1) A complete list, by program, of the existing,

25 planned, and proposed capabilities and technologies
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1 reviewed by the committee, including all directed en2 ergy and laser programs reviewed pursuant to sec3 tion 243(c)(2).

4 (2) A complete description of the requirements

5 and priorities established by the committee.

6 (3) A comprehensive discussion of the near7 term, mid-term, and long-term programmatic op8 tions formulated by the committee for meeting re9 quirements prescribed by the committee and elimi10 nating deficiencies identified by the committee, in11 cluding the annual funding requirements and com12 pletion dates established for each such option.

13 (4) An explanation of the recommendations

14 made pursuant section 243(e) and a full discussion

15 of the actions taken on such recommendations, in16 cluding the actions taken to implement the rec17 ommendations.

18 (5) A discussion of the existing and planned ca19 pabilities of the Armed Forces of the United

20 States—

21 (A) to detect and monitor clandestine pro22 grams for the acquisition or production of

23 weapons of mass destruction;
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1 (B) to respond to terrorism or accidents

2 involving such weapons and thefts of materials

3 related to any weapon of mass destruction; and

4 (C) to assist in the interdiction and de5 struction of weapons of mass destruction, relat6 ed weapons materials, and advanced conven7 tional weapons.

8 (6) A description of—

9 (A) the extent to which the Secretary of

10 Defense has incorporated nonproliferation and

11 counterproliferation missions into the overall

12 missions of the unified combatant commands;

13 and

14 (B) how the special operations command

15 established pursuant to section 167(a) of title

16 10, United States Code, might support the com17 manders of the other unified combatant com18 mands and the commanders of the specified

19 combatant commands in the performance of

20 such overall missions.

21 (c) FORMS OF REPORT.—The report shall be submit22 ted in both unclassified and classified forms, as appro23 priate.

24 SEC. 245. DEFINITIONS.

25 In this subtitle:
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1 (1) The term ‘‘appropriate congressional com2 mittees’’ means the following:

3 (A) The Committee on Armed Services, the

4 Committee on Appropriations, and the Select

5 Committee on Intelligence of the Senate.

6 (B) The Committee on Armed Services,

7 the Committee on Appropriations, and the Per8 manent Select Committee on Intelligence of the

9 House of Representatives.

10 (2) The term ‘‘intelligence community’’ has the

11 meaning given such term in section 3 of the Na12 tional Security Act of 1947 (50 U.S.C. 401a).

13 TITLE III—OPERATION AND

14 MAINTENANCE

15 Subtitle A—Authorization of Appropriations

16 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 1994 for the use of the Armed Forces and other

19 activities and agencies of the Department of Defense for

20 expenses, not otherwise provided for, for operation and

21 maintenance in amounts as follows:

22 (1) For the Army, $15,194,036,000.

23 (2) For the Navy, $19,081,792,000.

24 (3) For the Marine Corps, $1,790,489,000.

25 (4) For the Air Force, $18,932,246,000.
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1 (5) For Defense Agencies $9,523,283,000.

2 (6) For the Defense Health Program,

3 $9,303,447,000.

4 (7) For the Army Reserve, $1,096,190,000.

5 (8) For the Naval Reserve, $782,800,000.

6 (9) For the Marine Corps Reserve,

7 $83,100,000.

8 (10) For the Air Force Reserve,

9 $1,356,078,000.

10 (11) For the Army National Guard,

11 $2,216,944,000.

12 (12) For the Air National Guard,

13 $2,717,733,000.

14 (13) For the National Board for the Promotion

15 of Rifle Practice, $2,483,000.

16 (14) For the Defense Inspector General,

17 $127,001,000.

18 (15) For Drug Interdiction and Counter-Drug

19 Activities, Defense-wide, $1,168,200,000.

20 (16) For the Court of Military Appeals,

21 $6,055,000.

22 (17) For Environmental Restoration, Defense,

23 $2,369,400,000.

24 (18) For Humanitarian Assistance,

25 $48,000,000.
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1 (19) For support for the 1996 Summer Olym2 pics, $2,000,000.

3 (20) For support for the 1994 World Cup

4 Games, $12,000,000.

5 (21) For Former Soviet Union Threat Reduc6 tion, $400,000,000.

7 SEC. 302. WORKING CAPITAL FUNDS.

8 There is hereby authorized to be appropriated for fis9 cal year 1994 for the use of the Armed Forces and other

10 activities and agencies of the Department of Defense for

11 providing capital for the Defense Business Operations

12 Fund, $1,161,095,000.

13 SEC. 303. FUNDING NATIONAL DEFENSE STRATEGIC LIFT

14 REQUIREMENTS.

15 (a) RENAMING FUND.—Section 2218 of title 10,

16 United States Code, is amended—

17 (1) by striking out the section heading and in18 serting in lieu thereof the following:

19 ‘‘§ 2218. National Defense Strategic Lift Fund’’;

20 and

21 (2) by striking out ‘‘National Defense Strategic

22 Sealift Fund’’ each time it appears and inserting in

23 lieu thereof ‘‘National Defense Strategic Lift Fund’’.

24 (b) FUND PURPOSES.—Subsection (c)(1) of such sec25 tion is amended—
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1 (1) by striking out ‘‘and’’ at the end of sub2 paragraph (C);

3 (2) by striking out the period at the end of sub4 paragraph (D) and inserting in lieu thereof ‘‘; and’’;

5 and

6 (3) by adding at the end the following new sub7 paragraph:

8 ‘‘(E) construction, purchase, alteration, and

9 conversion of Department of Defense strategic airlift

10 aircraft.’’.

11 (c) DEPOSITS IN THE FUND.—Subsection (d)(1) of

12 such section is amended—

13 (1) by striking out ‘‘and’’ at the end of sub14 paragraph (C);‘‘

15 (2) by striking out the period at the end of sub16 paragraph (D) and inserting in lieu thereof ‘‘; and’’;

17 and

18 (3) by adding at the end the following new sub19 paragraph:

20 ‘‘(E) construction, purchase, alteration,

21 and conversion of Department of Defense stra22 tegic airlift aircraft.’’.

23 (d) CONTENT OF BUDGET REQUESTS.—Subsection

24 (h) of such section is amended—
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1 (1) by striking out ‘‘and’’ at the end of para2 graph (3);

3 (2) by striking out the period at the end of

4 paragraph (4) and inserting in lieu thereof ‘‘; and’’;

5 and

6 (3) by adding at the end the following new

7 paragraph:

8 ‘‘(5) the amount requested for programs,

9 projects, and activities for construction, purchase,

10 alteration, and conversion of Department of Defense

11 strategic airlift aircraft.’’.

12 (e) STRATEGIC AIRLIFT AIRCRAFT DEFINED.—Sub13 section (k) of such section is amended by adding at the

14 end the following new paragraph:

15 ‘‘(4) The term ‘strategic airlift aircraft’ means

16 any cargo aircraft owned, operated, controlled, or

17 chartered by the Department of Defense that has

18 intercontinental range.’’.

19 (f) AUTHORIZATION OF APPROPRIATIONS.—Funds

20 are hereby authorized to be appropriated for fiscal year

21 1994 for the use of the Department of Defense for the

22 National Defense Strategic Lift Fund in the amount of

23 $2,669,100,000.
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1 SEC. 304. ARMED FORCES RETIREMENT HOME.

2 There is hereby authorized to be appropriated for fis3 cal year 1994 from the Armed Forces Retirement Home

4 Trust Fund the sum of $61,918,000 for the operation of

5 the Armed Forces Retirement Home, including the United

6 States Soldiers’ and Airmen’s Home and the Naval Home.

7 SEC. 305. NATIONAL SECURITY EDUCATION TRUST FUND

8 OBLIGATIONS.

9 During fiscal year 1994, $24,000,000 is authorized

10 to be obligated from the National Security Education

11 Trust Fund established by section 804(a) of the David L.

12 Boren National Security Education Act of 1991 (Public

13 Law 102–183; 50 U.S.C. 1904(a)).

14 SEC. 306. TRANSFER AUTHORITY.

15 (a) AUTHORITY.—The Secretary of Defense, to the

16 extent provided in appropriations Acts, may transfer funds

17 as provided in this section during fiscal year 1994. Funds

18 so transferred are in addition to the funds authorized to

19 be appropriated in section 301.

20 (b) FROM THE DEFENSE BUSINESS OPERATIONS

21 FUND.—(1) Subject to paragraph (2), not more than

22 $3,035,300,000 may be transferred from the Defense

23 Business Operations Fund to appropriations for oper24 ations and maintenance for fiscal year 1994 in amounts

25 as follows:

26 (A) For the Army, $880,200,000.
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1 (B) For the Navy, $1,092,700,000.

2 (C) For the Marine Corps, $121,000,000.

3 (D) For the Air Force, $941,400,000.

4 (2) Amounts may be transferred under this sub5 section only to the extent that the Fund contains cash bal6 ances sufficient for such transfers.

7 (c) FROM THE NATIONAL DEFENSE STOCKPILE

8 TRANSACTION FUND.—Not more than $500,000,000 may

9 be transferred from the National Defense Stockpile Trans10 action Fund to appropriations for operation and mainte11 nance for fiscal year 1994 in amounts as follows:

12 (1) For the Army, $150,000,000.

13 (2) For the Navy, $150,000,000.

14 (3) For the Air Force, $200,000,000.

15 (d) TREATMENT OF TRANSFERS.—Amounts trans16 ferred under this section—

17 (1) shall be merged with and be available for

18 the same purposes and the same period as the

19 amounts in the accounts to which transferred;

20 (2) shall be deemed to increase the amount au21 thorized to be appropriated for the account to which

22 the amount is transferred by an amount equal to the

23 amount transferred; and
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1 (3) may not be expended for an item that has

2 been denied authorization of appropriations by Con3 gress.

4 (e) RELATIONSHIP TO OTHER TRANSFER AUTHOR5 ITY.—An increase under subsection (d)(2) in an amount

6 authorized to be appropriated is in addition to an increase

7 in that amount that results from a transfer of an author8 ization of appropriations pursuant to section 1001.

9 (f) RELATIONSHIP TO APPROPRIATED FUNDS.—

10 Funds made available by transfer under this section shall

11 be in addition to funds made available pursuant to an au12 thorization of appropriations in section 301.

13 SEC. 307. FUNDS FOR CLEARING LANDMINES.

14 Of the funds authorized to be appropriated in section

15 301, not more than $10,000,000 is authorized for activi16 ties to support the clearing of landmines for humanitarian

17 purposes (as determined by the Secretary of Defense), in18 cluding the clearing of landmines in areas in which refugee

19 repatriation programs are on-going.

20 Subtitle B—Defense Business Operations

21 Fund

22 SEC. 311. EXTENSION OF AUTHORITY FOR USE OF THE DE23 FENSE BUSINESS OPERATIONS FUND.

24 Section 316(a) of the National Defense Authorization

25 Act for Fiscal Years 1992 and 1993 (Public Law 102–
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1 190; 10 U.S.C. 2208 note) is amended by striking out

2 ‘‘April 15, 1994’’ and inserting in lieu thereof ‘‘December

3 31, 1994’’.

4 SEC. 312. IMPLEMENTATION OF THE DEFENSE BUSINESS

5 OPERATIONS FUND.

6 Section 316 of the National Defense Authorization

7 Act for Fiscal Years 1992 and 1993 (Public Law 102–

8 190; 10 U.S.C. 2208 note) is amended by striking out sub9 sections (d), (e), and (f) and inserting in lieu thereof the

10 following new subsections:

11 ‘‘(d) COMPREHENSIVE MANAGEMENT PLAN.—(1)

12 Not later than 30 days after the date of the enactment

13 of the National Defense Authorization Act for Fiscal Year

14 1994, the Secretary of Defense shall submit to the con15 gressional defense committees a comprehensive manage16 ment plan for the Defense Business Operations Fund. The

17 Secretary shall identify in the plan the actions the Depart18 ment of Defense will take to improve the implementation

19 and operation of the Defense Business Operations Fund.

20 ‘‘(2)(A) The plan should also include the following

21 matters:

22 ‘‘(i) The specific tasks to be performed to ad23 dress the serious shortcomings that exist in the

24 Fund’s implementation and operation.
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1 ‘‘(ii) Milestones for starting and completing

2 each task.

3 ‘‘(iii) A statement of the resources needed to

4 complete each task.

5 ‘‘(iv) The specific organizations within the De6 partment of Defense that are responsible for accom7 plishing each task.

8 ‘‘(v) Department of Defense plans to monitor

9 the implementation of all corrective actions.

10 ‘‘(B) The plan should also address the following spe11 cific areas:

12 ‘‘(i) The management and organizational struc13 ture of the Fund.

14 ‘‘(ii) The development and implementation of

15 the policies and procedures, including internal con16 trols, applicable to the Fund.

17 ‘‘(iii) Management reporting, including financial

18 and operational reporting.

19 ‘‘(iv) Accuracy and reliability of cost accounting

20 data.

21 ‘‘(v) Development and use of performance indi22 cators to measure the efficiency and effectiveness of

23 Fund operations.

24 ‘‘(vi) The status of efforts to develop and imple25 ment new financial systems for the Fund.
98

S 1337 ES

1 ‘‘(e) PROGRESS REPORT ON IMPLEMENTATION.—Not

2 later than February 1, 1994, the Secretary of Defense

3 shall submit to the Congress a report on the progress

4 made in implementing the comprehensive management

5 plan required by subsection (d). The report should de6 scribe the progress made in reaching the milestones estab7 lished in the plan and provide an explanation for the fail8 ure to meet any of the milestones. The Secretary shall sub9 mit a copy of the report to the Comptroller General of

10 the United States at the same time that he submits the

11 report to Congress.

12 ‘‘(f) RESPONSIBILITIES OF THE COMPTROLLER GEN13 ERAL.—(1) The Comptroller General of the United States

14 shall monitor and evaluate the progress of the Department

15 of Defense in developing and implementing the com16 prehensive management plan required by subsection (d).

17 ‘‘(2) Not later than March 1, 1994, the Comptroller

18 General shall submit to the Congress a report containing

19 the following:

20 ‘‘(A) The findings and conclusions of the Comp21 troller General resulting from the monitoring and

22 evaluation conducted under paragraph (1).

23 ‘‘(B) An evaluation of the progress report sub24 mitted to Congress by the Secretary of Defense pur25 suant to subsection (e).