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P. L. 107-107

House Conference Report 107-333


    (a) REQUIREMENT TO ENSURE SAFETY- (1) Chapter 141 of title 10, United States Code, is amended by inserting after section 2388 the following new section:

Sec. 2389. Ensuring safety regarding insensitive munitions

    The Secretary of Defense shall ensure, to the extent practicable, that insensitive munitions under development or procurement are safe throughout development and fielding when subject to unplanned stimuli.'.

    (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2388 the following new item:

2389. Ensuring safety regarding insensitive munitions.'.

    (b) REPORT REQUIREMENT- At the same time that the budgets for fiscal years 2003 through 2005 are submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on insensitive munitions. The reports shall include the following:

      (1) The number of waivers granted pursuant to Department of Defense Regulation 5000.2-R (June 2001) during the preceding fiscal year, together with a discussion of the justifications for the waivers.

      (2) Identification of the funding proposed for insensitive munitions in the budget with which the report is submitted, together with an explanation of the proposed funding.

Requirements regarding insensitive munitions (sec. 834)

The Senate bill contained a provision (sec. 833) that would require the Secretary of Defense to have a program ensuring that munitions are resistant to unplanned stimuli. The provision also required a report to Congress, submitted with the annual budget request. The report would identify all waivers, and the reasons for such decisions, granted under insensitive munitions regulations, as well as all funding for insensitive munitions programs in the current budget request.

The House amendment contained no similar provision.

The House recedes with an amendment that would clarify the requirement for the Secretary of Defense to ensure that munitions are made as insensitive as possible to unplanned stimuli. It limits the report on waivers granted under insensitive munitions regulations and on associated funding to three years, from fiscal year 2003-2005.