H. R. 2401—213
year following the fiscal year in which the report is submitted;
and
(B) for each program in such budget that is a special
access program—
(i) a brief description of the program;
(ii) in the case of a procurement program, a brief
discussion of the major milestones established for the
program;
(iii) the actual cost of the program for each fiscal
year during which the program has been conducted before
the fiscal year during which that budget is submitted;
and
(iv) the estimated total cost of the program and the
estimated cost of the program for (I) the current fiscal
year, (II) the fiscal year for which the budget is submitted,
and (III) each of the four succeeding fiscal years during
which the program is expected to be conducted.
(b) NEWLY DESIGNATED PROGRAMS.—(1) Not later than Feb-
ruary 1 of each year, the head of each covered department or
agency shall submit to Congress a report that, with respect to
each new special access program of that department or agency,
provides—
(A) notice of the designation of the program as a special
access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a program
shall include—
(A) the current estimate of the total program cost for the
program; and
(B) an identification, as applicable, of existing programs
or technologies that are similar to the technology, or that
have a mission similar to the technology, or that have a mission
similar to the mission, of the program that is the subject
of the notice.
(3) In this subsection, the term ‘‘new special access program’’
means a special access program that has not previously been cov-
ered in a notice and justification under this subsection.
(c) REVISION IN CLASSIFICATION OF PROGRAMS.—(1) Whenever
a change in the classification of a special access program of a
covered department or agency is planned to be made or whenever
classified information concerning a special access program of a
covered department or agency is to be declassified and made public,
the head of the department or agency shall submit to Congress
a report containing a description of the proposed change or the
information to be declassified, the reasons for the proposed change
or declassification, and notice of any public announcement planned
to be made with respect to the proposed change or declassification.
(2) Except as provided in paragraph (3), a report referred to
in paragraph (1) shall be submitted not less than 14 days before
the date on which the proposed change, declassification, or public
announcement is to occur.
(3) If the head of the department or agency determines that
because of exceptional circumstances the requirement of paragraph
(2) cannot be met with respect to a proposed change, declassification,
or public announcement concerning a special access program of
the department or agency, the head of the department or agency
may submit the report required by paragraph (1) regarding the
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H. R. 2401—214
proposed change, declassification, or public announcement at any
time before the proposed change, declassification, or public
announcement is made and shall include in the report an expla-
nation of the exceptional circumstances.
(d) REVISION OF CRITERIA FOR DESIGNATING PROGRAMS.—When-
ever there is a modification or termination of the policy and criteria
used for designating a program of a covered department or agency
as a special access program, the head of the department or agency
shall promptly notify Congress of such modification or termination.
Any such notification shall contain the reasons for the modification
or termination and, in the case of a modification, the provisions
of the policy as modified.
(e) WAIVER OF REPORTING REQUIREMENT.—(1) The head of a
covered department or agency may waive any requirement under
subsection (a), (b), or (c) that certain information be included in
a report under that subsection if the head of the department or
agency determines that inclusion of that information in the report
would adversely affect the national security. Any such waiver shall
be made on a case-by-case basis.
(2) If the head of a department or agency exercises the authority
provided under paragraph (1), the head of the department or agency
shall provide the information described in that subsection with
respect to the special access program concerned, and the justifica-
tion for the waiver, to Congress.
(f) INITIATION OF PROGRAMS.—A special access program may
not be initiated by a covered department or agency until—
(1) the appropriate oversight committees are notified of
the program; and
(2) a period of 30 days elapses after such notification is
received.
(g) DEFINITIONS.—For purposes of this section:
(1) COVERED DEPARTMENT OR AGENCY.—(A) Except as pro-
vided in subparagraph (B), the term ‘‘covered department or
agency’’ means any department or agency of the Federal
Government that carries out a special access program.
(B) Such term does not include—
(i) the Department of Defense (which is required to
submit reports on special access programs under section
119 of title 10, United States Code);
(ii) the Department of Energy, with respect to special
access programs carried out under the atomic energy
defense activities of that department (for which the Sec-
retary of Energy is required to submit reports under section
93 of the Atomic Energy Act of 1954); or
(iii) an agency in the Intelligence Community (as
defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a)).
(2) SPECIAL ACCESS PROGRAM.—The term ‘‘special access
program’’ means any program that, under the authority of
Executive Order 12356 (or any successor Executive order), is
established by the head of a department or agency whom the
President has designated in the Federal Register as an original
‘‘secret’’ or ‘‘top secret’’ classification authority that imposes
‘‘need-to-know’’ controls or access controls beyond those controls
normally required (by regulations applicable to such depart-
ment or agency) for access to information classified as ‘‘confiden-
tial’’, ‘‘secret’’, or ‘‘top secret’’.
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H. R. 2401—215
SEC. 1153. IDENTIFICATION OF SERVICE IN VIETNAM IN THE COMPUT-
ERIZED INDEX OF THE NATIONAL PERSONNEL RECORDS
CENTER.
(a) ASSISTANCE.—The Secretary of Defense shall provide to
the National Personnel Records Center in St. Louis, Missouri, such
information and technical assistance as the Secretary considers
to be appropriate to assist the Center in establishing an indicator
in the computerized index of the Center that will facilitate searches
for, and the selection of, military records of military personnel
based upon service in a theater of operations during the Vietnam
conflict.
(b) REPORT
ON IMPLEMENTATION.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report containing a plan to establish
the indicator described in subsection (a). The Secretary shall pre-
pare the report in consultation with the Secretary of Veterans
Affairs and the Archivist of the United States.
(c) VIETNAM CONFLICT DEFINED.—For purposes of this section,
the term ‘‘Vietnam conflict’’ has the meaning given that term in
section 1035(g)(2) of title 10, United States Code.
SEC. 1154. REPORT ON PERSONNEL REQUIREMENTS FOR CONTROL
OF TRANSFER OF CERTAIN WEAPONS.
(a) REPORT ON MANPOWER REQUIRED TO IMPLEMENT EXPORT
CONTROLS ON CERTAIN WEAPONS TRANSFERS.—Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense and the Secretary of Energy shall submit to the commit-
tees of Congress named in subsection (c) a joint report on manpower
required to implement export controls on certain weapons transfers.
(b) CONTENT OF REPORT.—The report shall include the following
matters:
(1) A statement of the role of the Department of Defense,
and a statement of the role of the Department of Energy,
in implementing export controls on goods and technology
related to nuclear, chemical, and biological weapons.
(2) A discussion of the number and skills of personnel
currently available in the Department of Defense and in the
Department of Energy to perform the respective roles of those
departments.
(3) An assessment of the adequacy of the number and
skills of those personnel for the effective performance of those
roles.
(4) For each of fiscal years 1988, 1989, 1990, 1991, 1992,
1993, and 1994, the total number of Department of Defense
and Department of Energy full-time employees and military
personnel who, in the implementation of export controls on
goods and technology related to nuclear, chemical, and
biological weapons, carry out the following activities of such
department:
(A) Review of private sector export license applications
and government-to-government cooperative activities.
(B) Intelligence analysis and activities.
(C) Policy coordination.
(D) International liaison activity.
(E) Technical review.
(5) For each fiscal year referred to in paragraph (4), the
grades of the personnel referred to in that paragraph and
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H. R. 2401—216
the special knowledge, experience, and expertise of those
personnel that enable them to carry out the activities referred
to in that paragraph.
(6) An assessment of the adequacy of the staffing in each
of the categories specified in subparagraphs (A) through (E)
of paragraph (4).
(7) Recommendations concerning measures, including any
legislation necessary, to eliminate any identified staffing defi-
ciencies and to improve interagency coordination with respect
to implementing export controls on goods and technology related
to nuclear, chemical, and biological weapons.
(8) All Department of Defense activities undertaken during
fiscal years 1989, 1990, 1991, 1992, and 1993 in fulfillment
of the responsibilities of the Department of Defense under
section 602(c) of the Nuclear Non-Proliferation Act of 1978
(Public Law 96–280; 22 U.S.C. 3282(c)) with respect to nuclear
weapons proliferation threats and the role of the department
in addressing such threats.
(c) SUBMISSION
OF REPORT.—The committees to which the
report is to be submitted are—
(1) the Committee on Armed Services and the Committee
on Governmental Affairs of the Senate; and
(2) the Committee on Armed Services of the House of
Representatives.
(d) FORM
OF REPORT.—The report shall be submitted in
unclassified form but may also be submitted in classified form
if the Secretary of Defense and the Secretary of Energy consider
it necessary to include classified information in order to satisfy
fully the requirements of this section.
SEC. 1155. REPORT ON FOOD SUPPLY AND DISTRIBUTION PRACTICES
OF THE DEPARTMENT OF DEFENSE.
(a) FINDINGS.—The Congress makes the following findings:
(1) The Defense Personnel Support Center, a component
of the Defense Logistics Agency, purchases more than 90 per-
cent of the food supplied to military end-users, including dining
halls, hospitals, and other facilities that feed troops.
(2) Semiperishable items, such as canned goods, are stored
in four depots of the Defense Logistics Agency, and perishable
items, including fresh and frozen vegetables, fruits, and meats,
are stored in 21 contractor-operated Defense Subsistence
Offices.
(3) Private sector end-users, including independent res-
taurants, hospitals, and hotels, obtain food through direct deliv-
ery from commercial distributors of food.
(4) In a comprehensive inventory reduction plan issued
in May 1990, the Secretary of Defense concluded that there
was no benefit to using the food supply system of the Depart-
ment of Defense in circumstances in which the food require-
ments of the Department could be met through the use of
commercial distributors of food.
(5) In a report published in June 1993, the General
Accounting Office determined that the Department of Defense
could achieve substantial cost savings by expanding the use
of commercial distributors of food and related commercial prac-
tices in the food supply system of the Department.
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