(1) by striking out "(g) ANNUAL REPORT.— " and inserting in lieu thereof "(g) PERIODIC REPORTS.-": (2) in paragraph (2)— (A) by striking out "Each such report shall con- tain-" and inserting in lieu thereof "Each annual report shall contain—” (B) in subparagraph (B)— (i) by striking out "and" at the end of clause (iv); (ii) by striking out the period at the end of clause (v) and inserting in lieu thereof "; and"; and (iii) by adding at the end the following: "(vi) travel and associated travel costs for Citizens' Advisory Commissioners under section 172(g) of Public Law 102-484 (50 U.S.C. 1521 note).": (3) by redesignating paragraph (3) as paragraph (4); (4) by inserting after paragraph (2) the following new paragraph (3): "(3) The Secretary shall transmit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives a quarterly report containing an accounting of all funds expended (during the quarter covered by the report) for travel and associated travel costs for Citizens' Advisory Commissioners under section 172(g) of Public Law 102-484 (50 U.S.C. 1521 note). The quarterly report for the final quarter of the period covered by a report under paragraph (1) may be included in that report."; and (5) in paragraph (4), as redesignated by paragraph (3)— (A) by striking out "this subsection" and inserting in lieu thereof "paragraph (1)"; and (B) by adding at the end the following: "No quarterly report is required under paragraph (3) after the transmittal of the final report under paragraph (1).". PROGRAM. Section (c) DIRECTOR OF 1412(e)(3) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(e)(3)), is amended by inserting "or civilian equivalent" after "general officer". TITLE II-RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A-Authorization of Appropriations SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 1996 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $4,737,581,000. (2) For the Navy, $8,474,783,000. $9,693,180,000, of which activities, (A) $251,082,000 is authorized for the activities of the Director, Test and Evaluation; and (B) $22,587,000 is authorized for the Director of Operational Test and Evaluation. SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT. (a) FISCAL YEAR 1996.-Of the amounts authorized to be appropriated by section 201, $4,088,879,000 shall be available for basic research and exploratory development projects. (b) BASIC RESEARCH AND EXPLORATORY DEVELOPMENT DEFINED.-For purposes of this section, the term "basic research and exploratory development" means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2. SEC. 203. MODIFICATIONS TO STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM. (a) COUNCIL MEMBERSHIP.-Section 2902(b) of title 10, United States Code, is amended(1) by striking out "thirteen" and inserting in lieu thereof "12"; (2) by striking out paragraph (3); (3) by redesignating paragraphs (4), (5), (6), (7), (8), (9), and (10) as paragraphs (3), (4), (5), (6), (7), (8), and (9), respectively; and (4) in paragraph (8), as redesignated, by striking out", who shall be nonvoting members". (b) ANNUAL REPORT.-(1) Section 2902 of such title is amended in subsection (d)— (A) by striking out paragraph (3) and inserting in lieu thereof the following: "(3) To prepare an annual report that contains the following: "(A) A description of activities of the strategic environmental research and development program carried out during the fiscal year before the fiscal year in which the report is prepared. "(B) A general outline of the activities planned for the program during the fiscal year in which the report is prepared. "(C) A summary of projects continued from the fiscal year before the fiscal year in which the report is prepared and projects expected to be started during the fiscal year in which the report is prepared and during the following fiscal year."; and (B) in paragraph (4), by striking out "Federal Coordinating Council on Science, Engineering, and Technology" and inserting in lieu thereof "National Science and Technology Council". (2) Section 2902 of such title is further amended (A) by striking out subsections (f) and (h); (B) by redesignating subsection (g) as subsection (f); and (C) by adding at the end the following new subsection: "(g)(1) Not later than February 1 of each year, the Council shall submit to the Secretary of Defense the annual report prepared pursuant to subsection (d)(3). "(2) Not later than March 15 of each year, the Secretary of Defense shall submit such annual report to Congress, along with such comments as the Secretary considers appropriate.". (3) The amendments made by this subsection shall apply with respect to the annual report prepared during fiscal year 1997 and each fiscal year thereafter. (c) POLICIES AND PROCEDURES.-Section 2902(e) of such title is amended in paragraph (3) by striking out "programs, particularly" and all that follows through the end of the paragraph and inserting in lieu thereof "programs;". 2903(c) of such title is amended (1) by striking out "or" after "contracts" and inserting in lieu thereof "using competitive procedures. The Executive Director may enter into"; and (2) by striking out "law, except that" and inserting in lieu thereof "law. In either case,". (e) CONTINUATION OF EXPIRING AUTHORITY. (1) Section 2903(d) of such title is amended in paragraph (2) by striking out the last sentence. (2) The amendment made by paragraph (1) shall take effect as of September 29, 1995. SEC. 204. DEFENSE DUAL USE TECHNOLOGY INITIATIVE. (a) FISCAL YEAR 1996 AMOUNT.-Of the amount authorized to be appropriated in section 201(4), $195,000,000 shall be available for the defense dual use technology initiative conducted under chapter 148 of title 10, United States Code. (b) AVAILABILITY OF FUNDS FOR EXISTING TECHNOLOGY REINVESTMENT PROJECTS.-The Secretary of Defense shall use amounts made available for the defense dual use technology initiative under subsection (a) only for the purpose of continuing or completing technology reinvestment projects that were initiated before October 1, 1995. (c) NOTICE CONCERNING PROJECTS TO BE CARRIED OUT.-Of the amounts made available for the defense dual use technology initiative under subsection (a)— (1) $145,000,000 shall be available for obligation only after the date on which the Secretary of Defense notifies the congressional defense committees regarding the defense reinvestment projects to be funded using such funds; and (2) the remaining $50,000,000 shall be available for obligation only after the date on which the Secretary of Defense certifies to the congressional defense committees that the defense reinvestment projects to be funded using such funds have been determined by the Joint Requirements Oversight Council to be of significant military priority. Subtitle B-Program Requirements, SEC. 211. SPACE LAUNCH MODERNIZATION. (a) ALLOCATION OF FUNDS.-Of the amount authorized to be appropriated pursuant to the authorization in section 201(3), $50,000,000 shall be available for a competitive reusable rocket technology program. (b) LIMITATION.-Funds made available pursuant to subsection (a)(1) may be obligated only to the extent that the fiscal year 1996 current operating plan of the National Aeronautics and Space Administration allocates at least an equal amount for its Reusable Space Launch program. SEC. 212. TACTICAL MANNED RECONNAISSANCE. (a) LIMITATION.-None of the amounts appropriated or otherwise made available pursuant to an authorization in this Act may be used by the Secretary of the Air Force to conduct research, development, test, or evaluation for a replacement aircraft, pod, or sensor payload for the tactical manned reconnaissance mission until the report required by subsection (b) is submitted to the congressional defense committees. (b) REPORT.-The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth in detail information about the manner in which the funds authorized by section 201 of this Act and section 201 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2690) are planned to be used during fiscal year 1996 for research, development, test, and evaluation for the Air Force tactical manned reconnaissance mission. At a minimum, the report shall include the sources, by program element, of the funds and the purposes for which the funds are planned to be used. SEC. 213. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM. (a) ALLOCATION OF FUNDS.-Of the amounts authorized to be appropriated pursuant to the authorizations in section 201, $200,156,000 shall be available for the Joint Advanced Strike Technology (JAST) program. Of that amount (1) $83,795,000 shall be available for program element 63800N in the budget of the Department of Defense for fiscal year 1996; (2) $85,686,000 shall be available for program element 63800F in such budget; and (3) $30,675,000 shall be available for program element 63800E in such budget. the (b) ADDITIONAL ALLOCATION.—Of amounts made available under paragraphs (1), (2), and (3) of subsection (a)— (1) $25,000,000 shall be available from the amount authorized to be appropriated pursuant to the authorization in section 201(2) for the conduct, during fiscal year 1996, of a 6month program definition phase for the A/ F117X, an F-117 fighter aircraft modified for use by the Navy as a long-range, medium attack aircraft; and (2) $7,000,000 shall be available to provide for competitive engine concepts. (c) LIMITATION.-Not more than 75 percent of the amount appropriated for the Joint Ad vanced Strike Technology program pursuant to the authorizations in section 201 may be obligated until a period of 30 days has expired after the report required by subsection (d) is submitted to the congressional defense committees. (d) REPORT.-The Secretary of Defense shall submit to the congressional defense committees a report, in unclassified and classified forms, not later than March 1, 1996, that sets forth in detail the following information for the period 1997 through 2005: (1) The total joint requirement, assuming the capability to successfully conduct two nearly simultaneous major regional contingencies, for the following: (A) Numbers of bombers, tactical combat aircraft, and attack helicopters and the characteristics required of those aircraft in terms of capabilities, range, and low-observability. (B) Surface- and air-launched standoff precision guided munitions. (C) Cruise missiles. (D) Ground-based systems, such as the Extended Range-Multiple Launch Rocket System and the Army Tactical Missile System (ATACMS), for joint warfighting capability. (2) The warning time assumptions for two nearly simultaneous major regional contingencies, and the effects on future tactical attack/fighter aircraft requirements using other warning time assumptions. (3) The requirements that exist for the Joint Advanced Strike Technology program that cannot be met by existing aircraft or by those in development. SEC. 214. DEVELOPMENT OF LASER PROGRAM. Of the amount authorized to be appropriated by section 201(2), $9,000,000 shall be used for the development by the Naval High Energy Laser Office of a continuous wave, superconducting radio frequency free electron laser program. SEC. 215. NAVY MINE COUNTERMEASURES PROGRAM. Section 216(a) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317) is amended (1) by striking out "Director, Defense Research and Engineering" and inserting in lieu thereof "Under Secretary of Defense for Acquisition and Technology"; and (2) by striking out "fiscal years 1995 through 1999" and inserting in lieu thereof "fiscal years 1996 through 1999". SEC. 216. SPACE-BASED INFRARED SYSTEM. (a) PROGRAM BASELINE.-The Secretary of Defense shall establish a program baseline for the Space-Based Infrared System. Such baseline shall (1) include (A) program cost and an estimate of the funds required for development and acquisition activities for each fiscal year in which such activities are planned to be carried out; (B) a comprehensive schedule with program milestones and exit criteria; and (C) optimized performance parameters for each segment of an integrated space-based infrared system; (2) be structured to achieve initial operational capability of the low earth orbit space segment (the Space and Missile Tracking System) in fiscal year 2003, with a first launch of Block I satellites in fiscal year 2002; (3) ensure integration of the Space and Missile Tracking System into the architecture of the Space-Based Infrared System; and (4) ensure that the performance parameters of all space segment components are selected so as to optimize the performance of the Space-Based Infrared System while minimizing unnecessary redundancy and cost. (b) REPORT ON PROGRAM BASELINE.-Not later than 60 days after the date of the enact ment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report, in classified and unclassified forms as necessary, on the program baseline established under subsection (a). (c) ESTABLISHMENT OF PROGRAM ELEMENTS. In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 1996 (as submitted in the budget of the President under section 1105(a) of title 31, United States Code), the amount requested for the Space-Based Infrared System shall be set forth in accordance with the following program elements: (1) Space Segment High. (2) Space Segment Low (Space and Missile Tracking System). (3) Ground Segment. (d) FUNDING FOR FISCAL YEAR 1996.-Of the amounts authorized to be appropriated pursuant to section 201(3) for fiscal year 1996, or otherwise made available to the Department of Defense for fiscal year 1996, the following amounts shall be available for the SpaceBased Infrared System: (1) $265,744,000 for demonstration and validation, of which $249,824,000 shall be available for the Space and Missile Tracking System. (2) $162,219,000 for engineering and manufacturing development, of which $9,400,000 shall be available for the Miniature Sensor Technology Integration program. SEC. 217. DEFENSE NUCLEAR AGENCY PROGRAMS. (a) AGENCY FUNDING.-Of the amounts authorized to be appropriated to the Department of Defense in section 201, $241,703,000 shall be available for the Defense Nuclear Agency. (b) TUNNEL CHARACTERIZATION AND NEUTRALIZATION PROGRAM. Of the amount made available under subsection (a), $3,000,000 shall be available for a tunnel characterization and neutralization program to be managed by the Defense Nuclear Agency as part of the counterproliferation activities of the Department of Defense. (c) LONG-TERM RADIATION TOLERANT MICROELECTRONICS PROGRAM.—(1) Of the amount made available under subsection (a), $6,000,000 shall be available for the establishment of a long-term radiation tolerant microelectronics program to be managed by the Defense Nuclear Agency for the purposes of (A) providing for the development of affordable and effective hardening technologies and for incorporation of such technologies into systems; (B) sustaining the supporting industrial base; and (C) ensuring that a use of a nuclear weapon in regional threat scenarios does not interrupt or defeat the continued operability of systems of the Armed Forces exposed to the combined effects of radiation emitted by the weapon. (2) Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on how the long-term radiation tolerant microelectronics program is to be conducted and funded in the fiscal years after fiscal year 1996 that are covered by the future-years defense program submitted to Congress in 1995. (d) THERMIONICS PROGRAM. Of the amount made available under subsection (a), $10,000,000 shall be available for the thermionics program, to be managed by the Defense Nuclear Agency. under subsection (a), $4,000,000 shall be available for the counterterror explosives research program of the Defense Nuclear Agency. (g) TRANSFER OF UNOBLIGATED BALANCE.The Secretary of Defense shall transfer to the Defense Nuclear Agency, to be available for the thermionics program, an amount not to exceed $12,000,000 from the unobligated balance of funds authorized and appropriated for research, development, test, and evaluation for fiscal year 1995 for the Air Force for the Advanced Weapons Program. SEC. 218. COUNTERPROLIFERATION SUPPORT PROGRAM. (a) FUNDING. Of the funds authorized to be appropriated to the Department of Defense under section 201(4), $138,237,000 shall be available for the Counterproliferation Support Program, of which $30,000,000 shall be available for a tactical antisatellite technologies program. (b) ADDITIONAL AUTHORITY TO TRANSFER AUTHORIZATIONS. (1) In addition to the transfer authority provided in section 1001, upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 1996 to counterproliferation programs, projects, and activities identified for progress by the Counterproliferation Program Review Committee established by section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1845). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. as areas (2) The total amount of authorizations transferred under the authority of this subsection may not exceed $50,000,000. (3) The authority provided by this subsection to transfer authorizations (A) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (B) may not be used to provide authority for an item that has been denied authorization by Congress. (4) A transfer made from one account to another under the authority of this subsection shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (5) The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this subsection. SEC. 219. NONLETHAL WEAPONS STUDY. (a) FINDINGS.-Congress finds the following: (1) The role of the United States military in operations other than war has increased. (2) Weapons and instruments that are nonlethal in application yet immobilizing could have widespread operational utility and application. (3) The use of nonlethal weapons in operations other than war poses a number of important doctrine, legal, policy, and operations questions which should be addressed in a comprehensive and coordinated manner. (4) The development of nonlethal technologies continues to spread across military and agency budgets. (5) The Department of Defense should provide improved budgetary focus and management direction to the nonlethal weapons program. (b) RESPONSIBILITY FOR DEVELOPMENT OF NONLETHAL WEAPONS TECHNOLOGY.-Not later than February 15, 1996, the Secretary of Defense shall assign centralized responsibility for development (and any other func tional responsibility the Secretary considers appropriate) of nonlethal nonlethal weapons technology to an existing office within the Office of the Secretary of Defense or to a military service as the executive agent. (c) REPORT.-Not later than February 15, 1996, the Secretary of Defense shall submit to Congress a report setting forth the following: (1) The name of the office or military service assigned responsibility for the nonlethal weapons program by the Secretary of Defense pursuant to subsection (b) and a discussion of the rationale for such assignment. (2) The degree to which nonlethal weapons are required by more than one of the armed forces. (3) The time frame for the development and deployment of such weapons. (4) The appropriate role of the military departments and defense agencies in the development of such weapons. (5) The military doctrine, legal, policy, and operational issues that must be addressed by the Department of Defense before such weapons achieve operational capability. (d) AUTHORIZATION. Of the amount authorized to be appropriated under section 201(4), $37,200,000 shall be available for nonlethal weapons programs and nonlethal technologies programs. (e) DEFINITION.-For purposes of this section, the term "nonlethal weapon" means a weapon or instrument the effect of which on human targets is less than fatal. SEC. 220. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS AND UNIVERSITY-AFFILIATED RESEARCH CENTERS. (a) CENTERS COVERED.-Funds appropriated or otherwise made available for the Department of Defense for fiscal year 1996 pursuant to an authorization of appropriations in section 201 may be obligated to procure work from a federally funded research and development center (in this section referred to as an "FFRDC") or a university-affiliated research center (in this section referred to as a "UARC") only in the case of a center named in the report required by subsection (b) and, in the case of such a center, only in an amount not in excess of the amount of the proposed funding level set forth for that center in such report. (b) REPORT ON ALLOCATIONS FOR CENTERS.— (1) Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report containing (A) the name of each FFRDC and UARC from which work is proposed to be procured for the Department of Defense for fiscal year 1996; and (B) for each such center, the proposed funding level and the estimated personnel level for fiscal year 1996. (2) The total of the proposed funding levels set forth in the report for all FFRDCs and UARCS may not exceed the amount set forth in subsection (d). (c) LIMITATION PENDING SUBMISSION OF REPORT.-Not more than 15 percent of the funds appropriated or otherwise made available for the Department of Defense for fiscal year 1996 pursuant to an authorization of appropriations in section 201 for FFRDCs and UARCS may be obligated to procure work from an FFRDC or UARC until the Secretary of Defense submits the report required by subsection (b). (d) FUNDING. Of the amounts authorized to be appropriated by section 201, not more than a total of $1,668,850,000 may be obligated to procure services from the FFRDCS and UARCS named in the report required by subsection (b). (e) AUTHORITY TO WAIVE FUNDING LIMITATION. The Secretary of Defense may waive the limitation regarding the maximum funding amount that applies under subsection (a) to an FFRDC or UARC. Whenever the Secretary proposes to make such a waiver, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives notice of the proposed waiver and the reasons for the waiver. The waiver may then be made only after the end of the 60-day period that begins on the date on which the notice is submitted to those committees, unless the Secretary determines that it is essential to the national security that funds be obligated for work at that center in excess of that limitation before the end of such period and notifies those committees of that determination and the reasons for the determination. (f) FIVE-YEAR PLAN.-(1) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a five-year plan to reduce and consolidate the activities performed by FFRDCS and UARCS and establish a framework for the future workload of such centers. (2) The plan shall (A) set forth the manner in which the Secretary of Defense could achieve by October 1, 2000, implementation by FFRDCS and UARCS of only those core activities, as defined by the Secretary, that require the unique capabilities and arrangements afforded by such centers; and (B) include an assessment of the number of personnel needed in each FFRDC and UARC during each year over the five years covered by the plan. (3) Not later than February 1, 1996, the Secretary of Defense shall submit to the congressional defense committees a report on the plan required by this subsection. SEC. 221. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK. Of the amount authorized to be appropriated under section 201(3), $9,500,000 shall be available for fiscal year 1996 (in program element 61101F in the budget of the Department of Defense for fiscal year 1996) for continuation of the Joint Seismic Program and Global Seismic Network. SEC. 222. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM. (a) FUNDING AUTHORIZATION. Of the amount authorized to be appropriated under section 201(1) for Other Missile Product Improvement Programs, $10,000,000 is authorized to be appropriated for a Hydra-70 rocket product improvement program and to be made available under such program for full qualification and operational platform certification of a Hydra-70 rocket described in subsection (b) for use on the Apache attack helicopter. (b) HYDRA-70 ROCKET COVERED.-The Hydra-70 rocket referred to in subsection (a) is any Hydra-70 rocket that has as its propulsion component a 2.75-inch rocket motor that is a nondevelopmental item and uses a composite propellant. (c) COMPETITION REQUIRED.-The Secretary of the Army shall conduct the product improvement program referred to in subsection (a) with full and open competition. (d) SUBMISSION OF TECHNICAL DATA PACKAGE REQUIRED.-Upon the full qualification and operational platform certification of a Hydra-70 rocket as described in subsection (a), the contractor providing the rocket so qualified and certified shall submit the technical data package for the rocket to the Secretary of the Army. The Secretary shall use the technical data package in competitions for contracts for the procurement of Hydra70 rockets described in subsection (b) for the Army. (e) DEFINITIONS.-For purposes of this section, the terms "full and open competition” and "nondevelopmental item" have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). SEC. 223. LIMITATION ON OBLIGATION OF FUNDS UNTIL RECEIPT OF ELECTRONIC COMBAT CONSOLIDATION MASTER PLAN. (a) LIMITATION.-Not more than 75 percent of the amounts appropriated or otherwise made available pursuant to the authorization of appropriations in section 201 for test and evaluation program elements 65896A, 65864N, 65807F, and 65804D in the budget of the Department of Defense for fiscal year 1996 may be obligated until 14 days after the date on which the congressional defense committees receive the plan specified in subsection (b). (b) PLAN. The plan referred to in subsection (a) is the master plan for electronic combat consolidation described under Defense-Wide Programs under Research, Development, Test, and Evaluation in the Report of the Committee on Armed Services of the House of Representatives on H.R. 4301 (House Report 103-499), dated May 10, 1994. SEC. 224. REPORT ON REDUCTIONS IN RE SEARCH, DEVELOPMENT, TEST, AND (a) REPORT REQUIREMENT.-Not later than March 15, 1996, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report that sets forth in detail the allocation of reductions for research, development, test, and evaluation described in subsection (b). (b) DESCRIPTION OF REDUCTIONS.-The reductions for research, development, test, and evaluation covered by subsection (a) are the following Army, Navy, Air Force, and Defense-wide reductions, as required by the Department of Defense Appropriations Act, 1996: (1) General reductions. (2) Reductions to reflect savings from revised economic assumptions. (3) Reductions to reflect the funding ceiling for defense federally funded research and development centers. (4) Reductions for savings through improved management of contractor automatic data processing costs charged through indirect rates on Department of Defense acquisition contracts. SEC. 225. ADVANCED FIELD ARTILLERY SYSTEM (CRUSADER). (a) AUTHORITY TO USE FUNDS FOR ALTERNATIVE PROPELLANT TECHNOLOGIES.-During fiscal year 1996, the Secretary of the Army may use funds appropriated for the liquid propellant portion of the Advanced Field Artillery System (Crusader) program for fiscal year 1996 for alternative propellant technologies and integration of those technologies into the design of the Crusader if (1) the Secretary determines that the technical risk associated with liquid propellant will increase costs and delay the initial operational capability of the Crusader; and (2) the Secretary notifies the congressional defense committees of the proposed use of the funds and the reasons for the proposed use of the funds. (b) LIMITATION.-The Secretary of the Army may not spend funds for the liquid propellant portion of the Crusader program after August 15, 1996, unless (1) the report required by subsection (c) has been submitted by that date; and (2) such report includes documentation of significant progress, as determined by the Secretary, toward meeting the objectives for the liquid propellant portion of the program, as set forth in the baseline description for the Crusader program and approved by the Office of the Secretary of Defense on January 4, 1995. (c) REPORT REQUIRED.-Not later than August 1, 1996, the Secretary of the Army shall submit to the congressional defense committees a report containing documentation of the progress being made in meeting the objectives set forth in the baseline description for the Crusader program and approved by the Office of the Secretary of Defense on January 4, 1995. The report shall specifically address the progress being made toward meeting the following objectives: (1) Establishment of breech and ignition design criteria for rate of fire for the cannon of the Crusader. (2) Selection of a satisfactory ignition concept for the next prototype of the cannon. (3) Selection, on the basis of modeling and simulation, of design concepts to prevent chamber piston reversals, and validation of the selected concepts by gun and mock chamber firings. (4) Achievement of an understanding of the chemistry and physics of propellant burn resulting from the firing of liquid propellant into any target zone, and achievement, on the basis of modeling and simulation, of an ignition process that is predictable. (5) Completion of an analysis of the management of heat dissipation for the full range of performance requirements for the cannon, completion of concept designs supported by that analysis, and proposal of such concept designs for engineering. (6) Development, for integration into the next prototype of the cannon, of engineering designs to control pressure oscillations in the chamber of the cannon during firing. (7) Completion of an assessment of the sensitivity of liquid propellant to contamination by various materials to which it may be exposed throughout the handling and operation of the cannon, and documentation of predictable reactions of contaminated or sensitized liquid propellant. (d) ADDITIONAL MATTERS TO BE COVERED BY REPORT.-The report required by subsection (c) also shall contain the following: (1) An assertion that all the known hazards associated with liquid propellant have been identified and are controllable to acceptable levels. (2) An assessment of the technology for each component of the Crusader (the cannon, vehicle, and crew module), including, for each performance goal of the Crusader program (including the goal for total system weight), information about the maturity of the technology to achieve that goal, the maturity of the design of the technology, and the manner in which the design has been proven (for example, through simulation, bench testing, or weapon firing). (3) An assessment of the cost of continued development of the Crusader after August 1, 1996, and the cost of each unit of the Crusader in the year the Crusader will be completed. SEC. 226. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND EXPLOSIVES. Of the amount appropriated pursuant to the authorization in section 201 for explosives demilitarization technology, $15,000,000 shall be available to establish an integrated program for the development and demonstration of conventional munitions and explosives demilitarization technologies that comply with applicable environmental laws for the demilitarization and disposal of unserviceable, obsolete, or nontreaty compliant munitions, rocket motors, and explosives. SEC. 227. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM. (a) LIMITATION. Not more than three percent of the total amount appropriated for research and development under the Defense Airborne Reconnaissance program pursuant to the authorizations of appropriations in section 201 may be obligated for systems en gineering and technical assistance (SETA) contracts until— (1) funds are obligated (out of such appropriated funds) for (A) the upgrade of U-2 aircraft senior year electro-optical reconnaissance sensors to the newest configuration; and (B) the upgrade of the U-2 SIGINT system; and (2) the Under Secretary of Defense for Acquisition and Technology submits the report required under subsection (b). (b) REPORT ON U-2-RELATED UPGRADES.—(1) Not later than April 1, 1996, the Under Secretary of Defense for Acquisition and Technology shall transmit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on obligations of funds for upgrades relating to airborne reconnaissance by U-2 aircraft. (2) The report shall set forth the specific purposes under the general purposes described in subparagraphs (A) and (B) of subsection (a)(1) for which funds have been obligated (as of the date of the report) and the amounts that have been obligated (as of such date) for those specific purposes. Subtitle C-Ballistic Missile Defense Act of 1995 SEC. 231. SHORT TITLE. This subtitle may be cited as the "Ballistic Missile Defense Act of 1995". SEC. 232. FINDINGS. Congress makes the following findings: (1) The emerging threat that is posed to the national security interests of the United States by the proliferation of ballistic missiles is significant and growing, both in terms of numbers of missiles and in terms of the technical capabilities of those missiles. (2) The deployment of ballistic missile defenses is a necessary, but not sufficient, element of a broader strategy to discourage both the proliferation of weapons of mass destruction and the proliferation of the means of their delivery and to defend against the consequences of such proliferation. (3) The deployment of effective Theater Missile Defense systems can deter potential adversaries of the United States from escalating a conflict by threatening or attacking United States forces or the forces or territory of coalition partners or allies of the United States with ballistic missiles armed with weapons of mass destruction to offset the operational and technical advantages of the United States and its coalition partners and allies. (4) United States intelligence officials have provided intelligence estimates to congressional committees that (A) the trend in missile proliferation is toward longer range and more sophisticated ballistic missiles, (B) North Korea may deploy an intercontinental ballistic missile capable of reaching Alaska or beyond within five years, and (C) although a new, indigenously developed ballastic missile threat to the continental United States is not foreseen within the next ten years, determined countries can acquire intercontinental ballistic missiles in the near future and with little warning by means other than indigenous development. (5) The development and deployment by the United States and its allies of effective defenses against ballistic missiles of all ranges will reduce the incentives for countries to acquire such missiles or to augment existing missile capabilities. (6) The concept of mutual assured destruction (based upon an offense-only form of deterrence), which is the major philosophical rationale underlying the ABM Treaty, is now questionable as a basis for stability in a multipolar world in which the United States and the states of the former Soviet Union are seeking to normalize relations and eliminate Cold War attitudes and arrangements. (7) The development and deployment of a National Missile Defense system against the threat of limited ballistic missile attacks (A) would strengthen deterrence at the levels of forces agreed to by the United States and Russia under the Strategic Arms Reduction Talks Treaty (START-I); and (B) would further strengthen deterrence if reductions below the levels permitted under START-I should be agreed to and implemented in the future. (8) The distinction made during the Cold War, based upon the technology of the time, between strategic ballistic missiles and nonstrategic ballistic missiles, which resulted in the distinction made in the ABM Treaty between strategic defense and nonstrategic defense, has become obsolete because of technological advancement (including the development by North Korea of long-range TaepoDong I and Taepo-Dong II missiles) and, therefore, that distinction in the ABM Treaty should be reviewed. SEC. 233. BALLISTIC MISSILE DEFENSE POLICY. It is the policy of the United States(1) to deploy affordable and operationally effective theater missile defenses to protect forward-deployed and expeditionary elements of the Armed Forces of the United States and to complement the missile defense capabilities of forces of coalition partners and of allies of the United States; and (2) to seek a cooperative, negotiated transition to a regime that does not feature an offense-only form of deterrence as the basis for strategic stability. SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE. (a) ESTABLISHMENT OF CORE PROGRAM.-To implement the policy established in paragraph (1) of section 233, the Secretary of Defense shall restructure the core theater missile defense program to consist of the following systems, to be carried out so as to achieve the specified capabilities: (1) The Patriot PAC-3 system, with a first unit equipped (FUE) during fiscal year 1998. (2) The Navy Lower Tier (Area) system, with a user operational evaluation system (UOES) capability during fiscal year 1997 and an initial operational capability (IOC) during fiscal year 1999. (3) The Theater High-Altitude Area Defense (THAAD) system, with a user operational evaluation system (UOES) capability not later than fiscal year 1998 and a first unit equipped (FUE) not later than fiscal year 2000. (4) The Navy Upper Tier (Theater Wide) system, with a user operational evaluation system (UOES) capability during fiscal year 1999 and an initial operational capability (IOC) during fiscal year 2001. (b) USE OF STREAMLINED ACQUISITION PROCEDURES.-The Secretary of Defense shall prescribe and use streamlined acquisition policies and procedures to reduce the cost and increase the efficiency of developing and deploying the theater missile defense systems specified in subsection (a). (c) INTEROPERABILITY AND SUPPORT OF CORE SYSTEMS. To maximize effectiveness and flexibility of the systems comprising the core theater missile defense program, the Secretary of Defense shall ensure that those systems are integrated and complementary and are fully capable of exploiting external sensor and battle management support from systems such as (A) the Cooperative Engagement Capability (CEC) system of the Navy; (B) airborne sensors; and (C) space-based sensors (including, in particular, the Space and Missile Tracking System). (d) FOLLOW-ON SYSTEMS.-(1) The Secretary of Defense shall prepare an affordable devel opment plan for theater missile defense systems to be developed as follow-on systems to the core systems specified in subsection (a). The Secretary shall make the selection of a system for inclusion in the plan based on the capability of the system to satisfy military requirements not met by the systems in the core program and on the capability of the system to use prior investments in technologies, infrastructure, and battle-management capabilities that are incorporated in, or associated with, the systems in the core program. (2) The Secretary may not proceed with the development of a follow-on theater missile defense system beyond the Demonstration/Validation stage of development unless the Secretary designates that system as a part of the core program under this section and submits to the congressional defense committees notice of that designation. The Secretary shall include with any such notification a report describing (A) the requirements for the system and the specific threats that such system is designed to counter; (B) how the system will relate to, support, and build upon existing core systems; (C) the planned acquisition strategy for the system; and (D) a preliminary estimate of total program cost for that system and the effect of development and acquisition of such system on Department of Defense budget projections. (e) PROGRAM ACCOUNTABILITY REPORT.-(1) As part of the annual report of the Ballistic Missile Defense Organization required by section 224 of Public Law 101-189 (10 U.S.C. 2431 note), the Secretary of Defense shall describe the technical milestones, the schedule, and the cost of each phase of development and acquisition (together with total estimated program costs) for each core and follow-on theater missile defense program. (2) As part of such report, the Secretary shall describe, with respect to each program covered in the report, any variance in the technical milestones, program schedule milestones, and costs for the program compared with the information relating to that program in the report submitted in the previous year and in the report submitted in the first year in which that program was covered. (f) REPORTS ON TMD SYSTEM LIMITATIONS UNDER ABM TREATY.-(1) Whenever, after January 1, 1993, the Secretary of Defense issues a certification with respect to the compliance of a particular Theater Missile Defense system with the ABM Treaty, the Secretary shall transmit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a copy of such certification. Such transmittal shall be made not later than 30 days after the date on which such certification is issued, except that in the case of a certification issued before the date of the enactment of this Act, such transmittal shall be made not later than 60 days after the date of the enactment of this Act. (2) If a certification under paragraph (1) is based on application of a policy concerning United States compliance with the ABM Treaty that differs from the policy described in section 235(b)(1), the Secretary shall include with the transmittal under that paragraph a report providing a detailed assessment of (A) how the policy applied differs from the policy described in section 235(b)(1); and (B) how the application of that policy (rather than the policy described in section 235(b)(1)) will affect the cost, schedule, and performance of that system. (A) the finding in section 234(a)(7) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1595; 10 U.S.C. 2431 note) that the ABM Treaty was not intended to, and does not, apply to or limit research, development, testing, or deployment of missile defense systems, system upgrades, or system components that are designed to counter modern theater ballistic missiles, regardless of the capabilities of such missiles, unless those systems, system upgrades, or system components are tested against or have demonstrated capabilities to counter modern strategic ballistic missiles; and (B) the statement in section 232 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2700) that the United States shall not be bound by any international agreement entered into by the President that would substantively modify the ABM Treaty unless the agreement is entered into pursuant to the treaty making power of the President under the Constitution. (2) Congress also finds that the demarcation standard described in subsection (b)(1) for compliance of a missile defense system, system upgrade, or system component with the ABM Treaty is based upon current technology. (b) SENSE OF CONGRESS CONCERNING COMPLIANCE POLICY. It is the sense of Congress that (1) unless a missile defense system, system upgrade, or system component (including one that exploits data from space-based or other external sensors) is flight tested in an ABM-qualifying flight test (as defined in subsection (e)), that system, system upgrade, or system component has not, for purposes of the ABM Treaty, been tested in an ABM mode nor been given capabilities to counter strategic ballistic missiles and, therefore, is not subject to any application, limitation, or obligation under the ABM Treaty; and (2) any international agreement that would limit the research, development, testing, or deployment of missile defense systems, system upgrades, or system components that are designed to counter modern theater ballistic missiles in a manner that would be more restrictive than the compliance criteria specified in paragraph (1) should be entered into only pursuant to the treaty making powers of the President under the Constitution. (c) PROHIBITION ON FUNDING.-Funds appropriated or otherwise made available to the Department of Defense for fiscal year 1996 may not be obligated or expended to implement an agreement, or any understanding with respect to interpretation of the ABM Treaty, between the United States and any of the independent states of the former Soviet Union entered into after January 1, 1995, that (1) would establish a demarcation between theater missile defense systems and anti-ballistic missile systems for purposes of the ABM Treaty; or (2) would restrict the performance, operation, or deployment of United States theater missile defense systems. (d) EXCEPTIONS.-Subsection (c) does not apply (1) to the extent provided by law in an Act enacted after this Act; (2) to expenditures to implement that portion of any such agreement or understanding that implements the policy set forth in subsection (b)(1); or (3) to expenditures to implement any such agreement or understanding that is approved as a treaty or by law. (e) ABM-QUALIFYING FLIGHT TEST DEFINED. For purposes of this section, an ABM-qualifying flight test is a flight test against a ballistic missile which, in that flight test, exceeds (1) a range of 3,500 kilometers, or (2) a velocity of 5 kilometers per second. SEC. 236. BALLISTIC MISSILE DEFENSE CO- It is in the interest of the United States to develop its own missile defense capabilities in a manner that will permit the United States to complement the missile defense capabilities developed and deployed by its allies and possible coalition partners. Therefore, the Congress urges the President (1) to pursue high-level discussions with allies of the United States and selected other states on the means and methods by which the parties on a bilateral basis can cooperate in the development, deployment, and operation of ballistic missile defenses; (2) to take the initiative within the North Atlantic Treaty Organization to develop consensus in the Alliance for a timely deployment of effective ballistic missile defenses by the Alliance; and (3) in the interim, to seek agreement with allies of the United States and selected other states on steps the parties should take, consistent with their national interests, to reduce the risks posed by the threat of limited ballistic missile attacks, such steps to include (A) the sharing of early warning information derived from sensors deployed by the United States and other states; (B) the exchange on a reciprocal basis of technical data and technology to support both joint development programs and the sale and purchase of missile defense systems and components; and (C) operational level planning to exploit current missile defense capabilities and to help define future requirements. SEC. 237. ABM TREATY DEFINED. For purposes of this subtitle, the term "ABM Treaty" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, and signed at Moscow on May 26, 1972, and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974. SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991. The Missile Defense Act of 1991 (10 U.S.C. 2431 note) is repealed. Subtitle D-Other Ballistic Missile Defense Provisions SEC. 251. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS. (a) ELEMENTS SPECIFIED.-In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 1996 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the amount requested for activities of the Ballistic Missile Defense Organization shall be set forth in accordance with the following program elements: (1) The Patriot system. (2) The Navy Lower Tier (Area) system. (3) The Theater High-Altitude Area Defense (THAAD) system. (4) The Navy Upper Tier (Theater Wide) system. (5) The Corps Surface-to-Air Missile (SAM) system. (6) Other Theater Missile Defense Activities. (7) National Missile Defense. (8) Follow-On and Support Technologies. |