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NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 1998
CONFERENCE REPORT
to accompany
H.R. 1119

October 23, 1997
105th Congress 1st Session
HOUSE OF REPRESENTATIVES

Report 105-340






                      DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS            

                                    TITLE I--PROCUREMENT                          

                                              
  
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           Information system security program                                     

       The budget request included $10.2 million to procure information    
   system security devices.                                                

       The House bill would support the budget request.                       

       The Senate amendment would authorize an increase of $5.5 million to 
   support minimum production requirements for 400 Airterm KY 100 devices. 

       The conferees agree to authorize an increase of $3.5 million for    
   Airterm KY 100 devices.                                                 


           Ground based common sensors                                             

       The budget request included $26.8 million for ground based common   
   sensors.                                                                

    The House bill and Senate amendment would authorize the budget request.

       The conferees agree to eliminate funding in fiscal year 1998 based  
   on the Army decision to reschedule the initial operational test and     
   evaluation for this program.                                            

           Shortstop                                                               

       The budget request included no funds for the Shortstop electronic   
   protection system (SEPS).                                               

       The House bill would authorize an increase of $9.0 million to       
   procure 42 additional SEPS needed in Korea.                             

    The Senate amendment would authorize the budget request.               

       The conferees agree to authorize $6.0 million for SEPS devices      
   needed by U.S. forces in Korea.                                         

                                              
  
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           EA 6 Series                                                             

    The budget request included $86.8 million for EA 6B modifications.     

       The House bill would authorize an increase of $68.0 million,        
   including $50.0 million for 10 wing center sections (WCS) and $18.0     
   million to continue the turbine engine blade containment system (TEBS). 

       The Senate amendment would authorize an increase of $25.0 million to
   incorporate a low risk, affordable upgrade to the EA 6B in conjunction  
   with modifications already underway to counter the new family of        
   threats.                                                                

       The conferees agree to authorize an increase of $25.0 million to    
   replace the WCS of 5 additional EA 6Bs. The increase of $25.0 million   
   for WCS is partially offset by a $10.0 million reduction for late       
   obligations, resulting in a net increase of $15.0 million for EA 6B     
   modifications. The conferees urge the Secretary of the Navy to provide  
   funds to complete the WCS modifications in the fiscal year 1999 budget  
   request.    


                                                              
  
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              Pioneer logistic support                                                

       The budget request included $4.0 million for support of Pioneer     
   unmanned aerial vehicle (UAV).                                          

       The Senate amendment would authorize an increase of $3.0 million to 
   continue common automatic recovery system (CARS) logistic support in the
   Procurement, Defense-Wide account.                                      

    The House bill would authorize the budget request.                     

       The conferees agree to authorize an increase of $3.0 million for    
   logistic support in the Weapons Procurement, Navy Pioneer budget line   
   item.                                                                   

    
.........




           C 130J                                                                  

       The budget request included $49.9 million for the procurement of one
   C 130J aircraft.                                                        

       The House bill would authorize an increase of $522.6 million for an 
   additional nine aircraft.                                               

       The Senate amendment would authorize an increase of $371.1 million  
   for five additional aircraft and associated logistic support.           

       The conferees agree to authorize a total of $527.5 million for eight
   additional C 130J aircraft and support as shown below:                  



C 130 PROGRAMS [Dollars in millions] Type Budget request House bill Senate bill Conference agreement Quantity Amount Quantity Amount Quantity Amount Quantity Amount KC 130J +3 +179.7 +2 +120.0 WC 130J +3 +177.0 +2 +132.8 EC 130J +1 +49.9 +1 +70.5 +1 +74.6 C 130J 1 49.9 +5 +293.0 -1 -49.9 -1 -49.9 C 130J ANG +2 +95.8 +4 +226.0 Logistics: +29.7 ---------- -------- ---------- --------- ---------- --------- ---------- ---------- Total 1 49.9 +9 +522.6 +5 +371.1 +8 +527.5
Predator Unmanned Aerial Vehicle The budget request included $116.5 million for 15 Predator unmanned aerial vehicles (UAV). The House bill would authorize an increase of $30.0 million for the procurement of attrition UAV and spares. The Senate amendment would authorize the budget request. The conferees agree to authorize an increase of $25.0 million. ......... Defense Airborne Reconnaissance Program Procurement for the Defense Airborne Reconnaissance Program (DARP) is contained in a number of procurement lines, distributed among the individual services and the defense-wide procurement account. The budget request included: (1) $67.1 million in Aircraft Procurement, Air Force (APAF) line 60; (2) $141.5 million in APAF, line 73; (3) $12.8 million in Other Procurement, Air Force (OPAF), line 111; and (4) $97.5 million in Procurement, Defense-wide (PDW), line 7. The conferees agree to authorize increases in DARP procurement as shown below:
DEFENSE AIRBORNE RECONNAISSANCE PROCUREMENT PROGRAMS [In millions of dollars] Program Budget request Proposed change Conference agreement House Senate Rivet Joint mods 61.1 61.1 Rivet Joint technology transfer 20.0 20.0 5.6 Combat Sent mods 6.0 6.0 RC 135 re-engining 52.0 27.4 RJ Sensors and spares 35.0 SR 71 mods 9.0 9.0 ---------------- --------- --------- -------- Subtotal--APAF 60 67.1 72.0 29.0 144.1 ================ ========= ========= ======== Budget Request 141.5 141.5 RC 135 re-engining 54.8 0 Senior Glass 13.0 24.0 SYERS 5.0 5.0 ---------------- --------- --------- -------- Subtotal--APAF 73 141.5 5.0 67.8 170.5 ================ ========= ========= ======== DARP RC 135 12.8 12.8 RJ Sensors and spares 35.0 ---------------- --------- --------- -------- Subtotal--OPAF 111 12.8 35.0 12.8 ================ ========= ========= ======== DARP 97.4 97.4 Common automatic recovery system 5.0 ---------------- --------- --------- -------- Subtotal--PDW 7 97.4 5.0 97.4
Theater airborne warning system The budget request included no funds for the Theater Airborne Warning System (TAWS) program, which is designed to equip the existing fleet of Rivet Joint aircraft with a medium-wave infrared sensor for ballistic missile detection. The House bill and Senate amendment would authorize an increase of $20.0 million for the TAWS program. The conferees agree to authorize an increase of $5.6 million for the demonstration phase of the TAWS program. If this phase of the program proves to be successful, the conferees would be supportive of moving into the procurement phase in order to equip the Rivet Joint fleet with this capability. ......... Advanced SEAL delivery system The budget request included $43.2 million for the special operations Advanced SEAL Delivery System program. The House bill and Senate amendment would authorize the budget request. The conferees agree to a total authorization of $8.9 million and the transfer of $34.3 million to PE 116404BB, as discussed in Title II of this conference agreement. .......... SUBTITLE D--AIR FORCE PROGRAMS .............. .......... Analysis of requirements for replacement of engines on military aircraft derived from Boeing 707 aircraft (sec. 133) The Senate amendment contained a provision (sec. 142) that would require a study of re-engining priorities, options, and benefits for military aircraft derived from Boeing 707 type aircraft. The House bill contained no similar provision. The House recedes with an amendment that would clarify the requirements for the study. SUBTITLE E--OTHER MATTERS .......... NATO Joint Surveillance/Target Attack Radar System (sec. 142) The Senate amendment contained a provision (sec. 144) that would allow the Secretary of Defense to initiate contracts for Phase I of a NATO Alliance Ground Surveillance (NATO AGS) capability based on the Joint Surveillance/Target Attack Radar System (JSTARS) following the conclusion of a cooperative project agreement for a NATO AGS. The Senate amendment would also authorize the transfer of funds from U.S. JSTARS to the NATO AGS program, and would allow for the modification of two Air Force JSTARS aircraft into a NATO configuration. The House bill contained no similar provision. The House recedes. .............. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ............. Information systems technology, superiority, and security The budget request included $544.4 million for information systems and information technology research, development, test, and evaluation. Of that amount, $306.0 million was for information security research, development, test, and evaluation. The House bill would authorize the following increases to the budget request: (1) $2.0 million in PE 63006A for tactical internet command and control protection; (2) $6.7 million in PE 65604A for information operations/warfare survivability analysis of command, control, communications, and computers/information electronic warfare systems; (3) $1.6 million in PE 33150A for development and application of information protection measures for the Army's component of the global command and control systems for the U.S. European Command; and (4) $2.7 million in PE 33140F for the Air Force information protection program. The House report (H. Rept. 105 132) would also direct the Secretary of Defense to provide to the congressional defense committees, with the submission of the fiscal year 1999 budget request, an assessment of the progress in the Department's information systems security program that addresses the current status of the program, specific actions being taken on the recommendations of the 1996 Defense Science Board Task Force on Information Warfare-Defense, and additional actions that should be taken to assure the increased security and integrity of the Defense information infrastructure. The House report would also require the Secretary to address measures necessary to assure the integrity of those elements of the National Information Infrastructure on which the Defense Information Infrastructure depends, and to identify any additional resources and legislative authority which might be required. The Senate amendment would authorize the budget request. The House recedes from its recommendation for additional funding. The conferees, however, share the views expressed in the House report regarding the need to treat information technology as a vital strategic resource, and the need to address the potential vulnerabilities of the information infrastructure. The conferees direct the Secretary of Defense to submit to the congressional defense committees the assessment of the Department's information systems security program as discussed in the House report. .......... All source analysis system The budget request included $24.0 million to continue development of the All Source Analysis System (ASAS). The House bill would authorize an increase of $3.5 million for software upgrades. The Senate amendment would authorize an increase of $3.2 million to expand advanced fusion technology efforts. The House recedes. ........... Tactical exploitation of national capabilities The budget request included $107.2 million for the various Tactical Exploitation of National Capabilities (TENCAP) and related research and development projects within the military services' Tactical Intelligence and Related Activities aggregation and the Joint Military Intelligence Program. The House bill would authorize a decrease in these individual accounts by approximately 10 percent. The Senate amendment would authorize the budget request. The House recedes. The conferees agree that the tactical ``operationalization'' of space has become relatively commonplace within military doctrine, planning, and execution, and that specialized TENCAP projects to inform, educate, and provide improved space-related capabilities should be reviewed for possible reduction or reorientation. While the conferees fully support the TENCAP program, they believe there may be a need to begin to reduce and phase out the specialized projects to exploit space and national capabilities. Such exploitation should be the focus of new programs from the outset of their development. Therefore, the conferees direct the Secretary of Defense to submit a report to the congressional defense and intelligence committees by March 15, 1998, describing the Secretary's assessment of the continuing utility of the TENCAP program, and recommendations for evolving or phasing out the existing TENCAP program. .............. Marine Corps advanced technology demonstration The budget request included $34.2 million to support the Marine Corps advanced technology demonstration (ATD). The House bill would authorize an increase of $19.8 million to support the Commandant's Warfighting Laboratory. The House bill would also provide $5.0 million for a low-cost, close-range unmanned aerial vehicle (UAV) project. The Senate amendment would authorize an increase of $15.0 million for the Commandant's Warfighting Laboratory. The conferees agree to authorize an increase of $19.5 million in PE 63640M. Of this amount, $17.5 million is for the Commandant's Warfighting Laboratory and $2.0 million is for the common automatic recovery system for a total of $53.7 million in this program element. ................ Defense Reconnaissance Support Activities The budget request included $49.4 million in PE 35159I for Defense Reconnaissance Support Activities. The House bill would direct the Department of Defense to discontinue, not later than October 1, 1999, the Defense Space Reconnaissance Program (DSRP) and close the Defense Space Program Office (DSPO). The Senate amendment contained no such direction and would authorize the budget request. The House recedes. The conferees agree that there appears to be an overly bureaucratic management of space reconnaissance support to military operations. The DSPO was established in 1981 to provide management support and oversight of programs which improve satellite reconnaissance support to the operational military commander. DSPO was established as an overt liaison between the then unacknowledged National Reconnaissance Office (NRO) and the military services. After public acknowledgment of the NRO, the Director of the NRO: (1) established direct support to military operations as a core function of the Office; and (2) created the NRO position of Deputy Director, Military Support to manage this function and the DSPO organization. The conferees believe the Department needs to review the need for continuing the DSPO in light of the NRO's public acknowledgment and its stated military support mission. Further, the conferees believe that the position of Deputy Under Secretary of Defense for Space provides the additional civilian oversight necessary to ensure the effective application of space support to the military services. Therefore, the conferees believe the Secretary of Defense should determine whether there is a need to retain the DSPO management organization and the DSRP program it manages. The conferees note that such a determination could benefit from the advice of the Task Force on Defense Reform. The conferees direct the Secretary to report to the congressional defense and intelligence committees on the results of his determination by March 1, 1998. Special operations tactical systems development The budget request included $73.1 million to support special operations tactical systems development (PE 116404BB). The House bill would authorize the budget request. The Senate amendment would authorize an increase of $2.7 million to support special operations tactical systems. The conferees agree to authorize the transfer of $36.4 million from special operations shipbuilding procurement to the advanced SEAL delivery system (ASDS) to address funding shortfalls. The conferees are concerned about the significant problems associated with development and management over the life of the ASDS program. The conferees have been notified of the program shortfalls and corrective actions implemented by the Navy to bring this program back on track. The conferees agree to support the Navy request to use available procurement funds to support proposed corrective actions and expect the Navy to improve its oversight of this important program. The conferees are aware that a realignment of funds will be made in the fiscal year 1999 budget request to complete ASDS 1. The conferees direct that, prior to February 15, 1998, the Secretary of the Navy report to the congressional defense committees on the total projected costs of the ASDS, the estimated date of construction completion, and adjusted plans for sea trials and initial operating capability. In addition, the report shall include the Future Years Defense Program funding for the ASDS program. The conferees agree to authorize a total of $109.5 million in PE 116404BB. Special operations intelligence systems development The budget request included $4.9 million to support special operations intelligence systems development. The House bill would authorize an increase of $3.0 million to support the mission familiarization virtual reality project and an additional increase of $5.0 million for the special operations forces intelligence vehicle. The Senate amendment would authorize an increase of $4.0 million to develop the joint threat warning system. The conferees agree to authorize an increase of $6.0 million for special operations system development. Of this amount, $3.0 million is for the special operations forces intelligence vehicle and $3.0 million is for the joint threat warning system. ITEMS OF SPECIAL INTEREST ................ Interferometric synthetic aperture radar Forward deployed U.S. armed forces have a need for up-to-date and highly accurate maps that provide three-dimensional location of targets, including altitude, latitude, and longitude, and for reconstruction of terrain in a three-dimensional setting for planning combat missions. The conferees understand that an airborne interferometric synthetic aperture radar (IFSAR) has the potential to provide imagery of one foot resolution and digital terrain elevation data (DTED) at DTED level 4. The conferees understand that the Army and the Defense Advanced Research Projects Agency recently demonstrated an airborne IFSAR during operations in support of U.S. ground forces in Bosnia. The test system is relatively small and for test purposes was flown on a business jet, which proved satisfactory in Bosnia. To operate in a major regional contingency, however, U.S. armed forces would require a larger, more capable system, flying at higher altitudes. The conferees direct the Secretary of Defense and the Intelligence community to study the costs, feasibility, and potential capability gains of placing an IFSAR on a U 2 or high altitude endurance unmanned aerial vehicle, and to report the results of this analysis to the congressional defense committees with the submission of the fiscal year 1998 budget request. ................. High altitude endurance unmanned vehicle program (sec. 216) The Senate amendment contained a provision (sec. 213) that would impose a cost cap on the High Altitude Endurance Unmanned Aerial Vehicle (HAE UAV) program at the levels requested in the fiscal year 1998 budget request. The House bill contained no similar provision. The House recedes with an amendment that would clarify the reporting requirement of the provisions and the certification requirements for the program. ................ SUBTITLE D--OTHER MATTERS ................ LEGISLATIVE PROVISIONS NOT ADOPTED ................ Tactical unmanned aerial vehicles The House bill contained a provision (sec. 213) that would prohibit the obligation of funds for the Outrider Advanced Concept Technology Demonstration (ACTD) program. The Senate amendment contained no similar provision. The House recedes. The conferees are disappointed with the progress of the Outrider ACTD program to date. The conferees believe that the program has suffered irreparably from unstable and ambiguous joint requirements and note that the program appears to be on a path to failure with respect to its operational capabilities. In the future, the conferees will look less favorably on ACTD programs that are not limited demonstrations of mature technologies, but rather thinly veiled attempts to evade the regular order of the acquisition process. Accordingly, the conferees agree to authorize $45.0 million for completion of the Outrider ACTD development and user activities, but not procurement of operational Outrider systems. Moreover, the conferees agree to authorize these Outrider ACTD activities in PE 63003A, Advanced Aviation Technology program. ................ TITLE III--OPERATION AND MAINTENANCE ............. ITEMS OF SPECIAL INTEREST Arms control implementation The budget request included $315.1 million for arms control implementation programs in the military services and the Department of Defense. This request is based on anticipated dates of implementation of the various arms control treaties. The House bill would authorize a decrease of $25.5 million, which would result in an $11.2 million reduction to the On Site Inspection Agency (OSIA) operations and maintenance account and a $14.3 million reduction to the Defense Special Weapons Agency (DSWA) verification demonstration technology program (PE 63711H). These reductions were due to slippage in the entry into force of the Open Skies Treaty, the Strategic Arms Reduction Treaty II, the Comprehensive Test Ban Treaty (CTBT), and non-implementation of the Bilateral Destruction Agreement (BDA). The Senate amendment would authorize a decrease of $20.0 million, which would result in a $10.0 million reduction to the OSIA operations and maintenance account and a $10.0 million reduction to the DSWA verification demonstration technology program. The conferees agree to authorize a decrease of $25.5 million to the budget request for arms control implementation for fiscal year 1998, as follows: $11.2 million for the OSIA operations and maintenance account; and $14.3 million for the DSWA verification technology demonstration program (PE 63711H). The conferees direct the Department of Defense to provide the congressional defense committees with a program plan for the nuclear control technology research program (PE 63711H) in support of the CTBT, and include the estimated costs. The Department should also include in the report its assessment of recommendations by the National Research Council on research deemed to be necessary to meet nuclear test monitoring goals, and how the nuclear arms control technology activity meets congressionally mandated objectives. The conferees are willing to provide adequate funding for programs that would enable the United States to independently monitor and detect nuclear test activities worldwide and fulfill its obligations under a comprehensive test ban, if and when that treaty enters into force, and do not wish the funding reduction to nuclear control technology activities (PE 63711H) to be misconstrued. .............. National imagery and mapping agency The budget request included $680.3 million in Operations and Maintenance, Defensewide, for the Joint Military Intelligence Program portion of the National Imagery and Mapping Agency (NIMA). The House bill would authorize the following: (1) a reduction of $30.0 million for production and customer support on the grounds that migration to the Digital Processing System should have resulted in significant reductions in operations and maintenance costs; (2) a reduction of $10.0 million for mission support in anticipation of significant cost reductions as a result of various mission and organization consolidations; (3) a reduction of $15.0 million to accelerate the downsizing of NIMA's personnel consistent with the Digital Processing System phase-out; and (4) a reduction of $23.2 million for continued research and development efforts for an interferometric synthetic aperture radar (IFSAR) mission on board the Space Shuttle to collect Digital Terrain Elevation Data (DTED) level 2 information for mapping because of a belief that other, more cost-effective, commercial alternatives to the IFSAR mission exist. The Senate amendment would authorize the budget request. The conferees agree to authorize the following reductions, as reflected in the Classified and Intelligence line within Operations and Maintenance, Defensewide: $35.0 million in production; $11.0 million in mission support; $15.0 million in management and customer support; and $3.2 million for the Shuttle IFSAR mission, with the remaining funding to be used to fund commercial alternatives to the shuttle DTED mapping mission if the NIMA Director determines that such alternatives are cost- and mission-effective, or to continue preparation for the shuttle mission. The conferees also agree to authorize the budget request for NIMA civilian personnel. The conferees direct the Director of NIMA to submit the personnel plan specified in the House report (H. Rept. 105 132). ................ SUBTITLE F--OTHER MATTERS ................ LEGISLATIVE PROVISIONS NOT ADOPTED ................ Prohibition on use of Special Operations Command budget for base operation support The House bill contained a provision (sec. 375) that would amend section 167(f) of title 10, United States Code, to prohibit the use of funds provided for the Special Operations Command for base operations support expenses incurred at military installations. The Senate amendment contained no similar provision. The House recedes. The conferees note that Congress established the Special Operations Command, including a separate major force budget program (MFP 11), to correct serious deficiencies in special operations capabilities and to ensure special operations combat readiness. The conferees believe that the regular practice of using MFP 11 funds for base operations support would be in conflict with the original intent for these funds. However, the conferees recognize the need to provide the Commander-in-Chief of the Special Operations Command with the flexibility to use these funds in this manner should the necessity arise. Therefore, the conference agreement does not contain this provision. However, the conferees intend to monitor this issue closely to ensure that MFP 11 funds are used in a manner consistent with the intentions of Congress and agree to revisit the issue should the need arise. ............... SUBTITLE D--DEPARTMENT OF DEFENSE INTELLIGENCE-RELATED MATTERS Transfer of certain military department programs from TIARA budget aggregation (sec. 931) The Senate amendment contained a provision (sec. 904) that would transfer specified programs from the Tactical Intelligence and Related Activities (TIARA) aggregation to other accounts of the military services. The House bill contained no similar provision. The House recedes with an amendment that would: (1) retain the directed TIARA program transfers as specified in the original Senate provision; (2) require an assessment by the Secretary of Defense as to the adequacy and currency of current criteria for judging which programs belong in the TIARA aggregation; and (3) provide the Secretary with discretion to defer any directed transfer based on the outcome of his assessment. Report on coordination of access of commanders and deployed units to intelligence collected and analyzed by the intelligence community (sec. 932) The Senate amendment contained a provision (sec. 1061) that would require the Secretary of Defense to report to the Congress regarding the specific steps taken or that are being taken to ensure adequate coordination of operational intelligence support for combatant commanders and deployed units. The House bill contained no similar provision. The House recedes with a clarifying amendment. Protection of imagery, imagery intelligence, and geospatial information and data (sec. 933) The Senate amendment contained a provision (sec. 1062) that would amend sections 455 and 467 of title 10, United States Code, to clarify the authority of the Secretary of Defense to permit selective releases of geospatial information representing little military value while protecting the most sensitive information. The House bill contained no similar provision. The House recedes with a clarifying amendment. POW/MIA intelligence analysis (sec. 934) The Senate amendment contained a provision (sec. 1067) that would direct the Director of Central Intelligence, in consultation with the Secretary of Defense, to provide intelligence analytical support on matter concerning missing persons to all departments and agencies of the Federal Government involved in such matters. The House bill contained no similar provision. The House recedes with a clarifying amendment. ............... LEGISLATIVE PROVISIONS NOT ADOPTED ............... Center for the Study of Chinese Military Affairs The House bill contained a provision (sec. 904) that would require the Department of Defense to establish a Center for the Study of Chinese Military Affairs. The Senate amendment contained no similar provision. The House recedes. ............... Principal duty of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict The Senate amendment contained a provision (sec. 901) that would revise the original legislation concerning the principal duty of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict to put the emphasis on the Assistant Secretary's supervision of the budgetary, development, and acquisition activities of the Commander in Chief of the Special Operations Command. The House bill contained no similar provision. The Senate recedes. The conferees are aware that the Secretary of Defense has established a Task Force on Defense Reform that is, inter alia, focusing on the reform of the Office of the Secretary of Defense (OSD). In another section, the conference agreement would require the Secretary of Defense to submit the Task Force's report with the comments and recommendations of the Secretary of Defense to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives. The conferees believe that any changes to the duties of senior OSD officials should take into account the recommendations contained in that report. ................ TITLE X--GENERAL PROVISIONS ................ LEGISLATIVE PROVISIONS ADOPTED SUBTITLE A--FINANCIAL MATTERS ................ Incorporation of classified annex (sec. 1002) The House bill contained a provision (sec. 1002) that would incorporate the classified annex prepared by the Committee on National Security into this act. The Senate amendment contained no similar provision. The Senate recedes with a technical amendment providing that the classified annex prepared by the committee of conference is incorporated into this act. ................ SUBTITLE B--NAVAL VESSELS AND SHIPYARDS ................ Authority to enter into a long-term charter for a vessel in support of the Surveillance Towed-Array Sensor (SURTASS) program (sec. 1022) The House bill contained a provision (sec. 1022) that would authorize the Secretary of the Navy to enter into a contract in accordance with section 2401 of title 10, United States Code, for the charter of the vessel RV CORY CHOUEST through fiscal year 2003 in support of the SURTASS program. The Senate amendment contained a provision (sec. 1011) that would authorize the Navy to enter into a long-term lease for a vessel to support the surveillance towed array sensor and low frequency active programs through fiscal year 2004. The Senate recedes. ................ SUBTITLE C--COUNTER-DRUG ACTIVITIES The budget request for drug interdiction and other counter-drug activities of the Department of Defense totals $808.6 million. That amount includes the $652.6 million in the drug interdiction account and $156.0 million in the operating budgets of the military services for authorized counter-drug operations. These amounts compare with the $957.4 million authorized for these activities during fiscal year 1997; $796.5 million for the drug interdiction account and $160.9 million in the services' operating budgets. The reduction of $148.8 million equates to a real decline of 17.5 percent after accounting for inflation. The conferees recommend an additional $14.3 million for the counter-drug activities of the Department of Defense.
Drug Interdiction & Counter-drug Activities Operations and Maintenance (In thousands of dollars; may not add due to rounding) Fiscal Year 1998 Drug and Counterdrug Request $808,588 Source Nation Support 183,031 Detection and Monitoring 238,149 Disruption of Drug Mafia Organizations 54,306 Law Enforcement Agency 249,864 Demand Reduction 83,238 Increases: Riverine Interdiction Initiative $4,200 Gulf States Counterdrug Initiative 4,100 Multi-Jurisdictional Task Force 1,000 Southwest Border Fence Project 5,000 Recommendation $822,888
Ongoing initiatives In fiscal year 1997, the Congress authorized additional funding for three counter-drug initiatives: the Mexico-Southwest Border Initiative; the Caribbean and South American Initiative; and the Domestic Counter-Narcotics Initiative. These initiatives were intended to provide enhanced capabilities to stem the flow of drugs into the United States and disrupt narcotics operations within our own borders. Although, the conferees are pleased with the initial progress that has been made with these initiatives, the conferees are concerned about the early difficulties in fulfilling some of the goals of the Mexico-Southwest Border Initiative. Due to the delay caused by these difficulties, the administration has requested an extension of the authority to provide assistance to the Government of Mexico. That authority was originally provided for a single year with the understanding that future support would be provided from funds available to the Department of State pursuant to the Foreign Assistance Act of 1961. Unfortunately, the administration failed to provide the necessary funds within the fiscal year 1998 budget request of the Department of State. If it is the intent of the administration to turn such international counter-drug activities of the United States over to the Department of Defense for execution, the conferees believe that this intent should be demonstrated within the budget request by shifting funds from the State Department's counternarcotics budget to that of the Department of Defense. However, because the conferees understand the value of this particular assistance and the need to explore all available options to stem the flow of drugs across the Southwest border, the conferees agree to a provision (sec. 1032), that would extend for one year the authority to provide additional support for counter-drug activities of the government of Mexico. The total amount of support provided pursuant to this authority would be limited to $8.0 million for the two year period from fiscal year 1997 to 1998. In providing this support, the Secretary of Defense would be required to consult with the Secretary of State. The conferees continue to support the Gulf States Counter-drug Initiative (GSCI) and are pleased to note that the budget request included $3.4 million for this program. However, the conferees are concerned that this funding level does not adequately cover the costs for required software maintenance, training, and network support. Therefore, the conferees agree to authorize an increase of $4.1 million to fund these activities. The conferees agree to authorize an additional $1.0 million for the Multi-Jurisdictional Task Force and an additional $5.0 million for border fence construction. Riverine interdiction initiative The conferees agree to authorize an increase of $4.2 million to the Department's counterdrug program for riverine operations and include a provision (sec. 1033), that would grant a five year authorization to the Secretary of Defense, in consultation with the Secretary of State, to assist the Peruvian and Colombian governments with the acquisition of the requisite equipment to actively engage riverine counter-drug activities. The amount of support that could be provided pursuant to this authority would be limited to $9.0 million in fiscal year 1998 and $20.0 million during any of the fiscal years 1999 through 2002. Funds would be restricted from initial obligation until 60 days after the Secretary of Defense, in consultation with the Secretary of State, submits a detailed riverine counter-drug plan to congressional defense committees. The Secretary would also be required to submit any revisions to this plan before obligating any funds for this initiative in the subsequent years. The conferees direct the Department of Defense, in coordination with other federal agencies involved in counter-narcotic activities, to develop an integrated regional plan to establish a riverine program that can be sustained by the source nations at the end of the five-year period. The Department would be required to provide the details of this plan to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on National Security and International Relations of the House of Representatives before any assistance is provided pursuant to this authority. This plan would provide details as to how the riverine program fits into the overall national drug strategy. Use of National Guard for State drug interdiction and counterdrug activities (sec. 1031) The House bill contained a provision (sec. 1031) that would amend section 112 of title 32, United States Code, to prohibit the use of counter-drug funding for National Guard Civil-Military Activities. The Senate amendment contained no similar provision. The Senate recedes with an amendment that would ensure that National Guard participation in counter-drug activities is directly related to military training and readiness in accordance with section 2012(d) of title 10, United States Code, and could support youth and charitable organizations designated as eligible to receive such support by section 508 of title 32, United States Code. In addition, the provision would direct the Secretary of Defense to submit an annual report to congressional defense committees regarding the assistance provided, and activities conducted, under State drug interdiction and counter-drug activities plan. Authority to provide additional support for counter-drug activities of the Government of Mexico (sec. 1032) The Senate amendment contained a provision (sec. 1021) that would extend for one year the authority to provide additional support for counterdrug activities of the Government of Mexico. The House bill contained no similar provision. The House recedes with an amendment that would extend for one year the authority to provide additional support for counter-drug activities of the Government of Mexico. The total amount of support provided pursuant to this authority would be limited to $8.0 million for the two year period from fiscal year 1997 to 1998. In providing this support, the Secretary of Defense would be required to consult with the Secretary of State. Authority to provide additional support for counter-drug activities of Peru and Colombia (sec. 1033) The Senate amendment contained a provision (sec. 1022) which would grant a five year authorization to the Secretary of Defense to assist the Peruvian and Colombian governments with the acquisition of the requisite equipment to actively engage in the Riverine Operations. The House bill contained no similar provision. The House recedes with an amendment that would grant a five year authorization to the Secretary of Defense, in consultation with the Secretary of State, to assist the Peruvian and Colombian governments with the acquisition of the requisite equipment to actively engage riverine counter-drug activities. The amount of support that could be provided pursuant to this authority would be limited to $9.0 million in fiscal year 1998 and $20.0 million during any of the fiscal years 1999 through 2002. Annual report on development and deployment of narcotics detection technology (sec. 1034) The House bill contained a provision (sec. 1033) that would require the Director of the Office of National Drug Control Policy to submit a report to the Congress and the President regarding the development and deployment of narcotics detection technologies by federal agencies. The Senate amendment contained no similar provision. The Senate recedes. ........... SUBTITLE E--MATTERS RELATING TO TERRORISM Oversight of counterterrorism and antiterrorism programs and activities of the United States (sec. 1051) The House bill contained a provision (sec. 1064) that would direct the Office of Management and Budget to establish a reporting system and collect information from executive agencies on their counterterrorism and antiterrorism programs, activities, budgets, and expenditures; to provide a report on executive branch activities and programs from 1995 through 1997 and submit the information to Congress. The provision would also require an annual report to Congress on this information. The Senate amendment contained no similar provision. The Senate recedes with an amendment that would modify the requirement to report to Congress on executive branch activities and programs from 1995 through 1997, and require an annual report on prospective U.S. government counterterrorism and antiterrorism activities, programs, budgets, and expenditures. Report on policies and practices relating to the protection of members of the armed forces abroad from terrorist attack (sec. 1052) The House bill contained a provision (sec. 1043) that would require the Secretary of Defense to report on antiterrorism activities and programs of the Department of Defense, to include a description of the various programs, deficiencies in the programs, and actions taken by the Secretary to improve implementation of those programs. The Senate amendment contained two provisions regarding the policies and practices of the Department of Defense (DOD) in protecting members of the armed forces against terrorist attack; one provision (sec. 1043) that would require the Secretary of Defense to submit a report to Congress that would assess the policies and practices of the Department to protect U.S. Armed Forces from terrorist attack and assess the procedures for determining accountability in the chain of command in the event a terrorist incident results in loss of life at a U.S. military facility abroad; another provision (sec. 1053) that would direct the Secretary of Defense to take appropriate actions to ensure that units of the U.S. Armed Forces engaged in peace operations have adequate troop protection equipment for such operations. The conferees agree to a single provision that would direct the Secretary of Defense to take appropriate actions to ensure that U.S. Armed Forces engaged in peace operations have the necessary equipment to adequately protect themselves; would direct the Secretary to designate a DOD official with responsibility for oversight of troop protection equipment; would require the Secretary of Defense to submit a report to Congress on antiterrorism programs and actions conducted by DOD, and the roles of the chain of command in providing force protection guidance and support to U.S. Armed Forces deployed overseas before and after the two terrorist bombings against U.S. Armed Forces in Saudi Arabia in 1995 and 1996. ........... SUBTITLE G--OTHER MATTERS ........... LEGISLATIVE PROVISIONS NOT ADOPTED ........... Assignment of Department of Defense personnel to assist immigration and naturalization service and custom service The House bill contained a provision (sec. 1032) that would authorize the Secretary of Defense to assign up to 10,000 U.S. military personnel to assist the Immigration and Naturalization Service and the U.S. Customs Service in their border enforcement duties at the request of the Attorney General or the Secretary of the Treasury. The Senate amendment contained no similar provision. The House recedes. Repeal of annual report requirement relating to training of special operations forces with friendly foreign forces The House bill contained a provision (sec. 1042) that would amend section 2011 of title 10, United States Code, to repeal the requirement that the Department of Defense prepare an annual report relating to training of U.S. Special Operations Forces with the forces of friendly foreign governments. The Senate bill contained no similar provision. The House recedes. ........... Protection of employees from retaliation for certain disclosures of classified information The Senate amendment contained a provision (sec. 1068) that would amend the Whistleblower Protection Act to protect certain government employees from reprisal for disclosing classified information to certain members or employees of Congress in the course of providing evidence of violations of law or other wrongdoing. The House bill contained no similar provision. The Senate recedes. The conferees note that existing law prohibits reprisals against covered employees for disclosing information--whether classified or not--to the Congress, if that information relates to violations of law or regulation, gross mismanagement or waste, abuses of authority, or dangers to public health or safety. The conferees direct the Secretary of Defense to report to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives not later than March 1, 1998, on the following: (1) the mechanisms presently in law or regulation under which federal or contractor employees may report violations of law, fraud, waste, or abuse to the Congress or within the executive branch where classified information is involved; (2) the steps the Department of Defense has taken to ensure that such employees are aware of those mechanisms; and (3) the protections in effect in law or regulation to ensure that the employees who use these mechanisms are protected against reprisal. .............. SUBTITLE C--OTHER MATTERS .............. Report on future military capabilities and strategy of the People's Republic of China (sec. 1226) The House bill contained a provision (sec. 1203) that would require the Department of Defense to prepare an assessment of the future military capabilities and strategy of the People's Republic of China. The Senate amendment contained no similar provision. The Senate recedes with a clarifying amendment. Sense of Congress on need for Russian openness on the Yamantau Mountain Project (sec. 1227) The House bill contained a provision (sec. 1209) that would express the sense of Congress for the need for more openness on the part of the Russian government on the purpose of a massive underground facility at Yamantau Mountain. The Senate amendment did not contain a similar provision. The Senate recedes with a clarifying amendment. The United States and Russia have been working to establish a new strategic relationship based on cooperation and openness, which has resulted in the conclusion of several far-reaching arms control agreements designed to further reduce bilateral threats and to limit the proliferation of weapons of mass destruction. Despite good faith efforts on both sides to comply with the letter and spirit of these agreements, the conferees are concerned about reports that a massive underground facility is currently under construction at Yamantau Mountain. In seeking answers to questions about the purpose of the project at Yamantau Mountain, it appears that the Russian Federation has deliberately misled the United States about the purpose of this facility on a number of occasions. The facility appears to be designed to survive a nuclear war and appears to exceed reasonable defense requirements. The Russian Federation has offered numerous stories about the construction activities at Yamantau Mountain and the city of Mezhgorye and the purpose of such activities. In 1991 and 1992, the commandant of Beloretsk-15 and Beloretsk-16, People's Deputy Leonid A. Tskirkunov told two stories about these activities. First, he said they were building a mining and ore-processing complex. Later, he changed that explanation to one of constructing an underground food and clothing warehouse. In 1992, a former communist official in the region, M.Z. Shakiorov, alleged that the Russian Federation was building a shelter for its national leadership, in case of war. In 1996, sources from the Russian newspaper Segodnya claimed that the facility was associated with a nuclear retaliatory command and control system for strategic missiles known as ``Dead Hand.'' This claim was denied by General Igor Sergeyev, the Commander-in-Chief of the Strategic Rocket Forces. In that same year, a Deputy of the State Assembly, R. Zhukov, claimed the facility at Yamantau Mountain belonged to the ``atomic scientists.'' The United States has learned that Russia's 1997 budget lists the Yamantau Mountain project as a Ministry of Defense installation on a closed territory. However, First Deputy of Defense Andre Kokoshin denied Ministry of Defense involvement with the activity. The conferees are concerned that the Russian Federation should be more forthcoming in providing the United States with more information on the Yamantau Mountain Project. The sense of Congress expressed the need for the Federation to provide the United States with a detailed explanation of the purpose of the Yamantau Mountain Project, and that the Russian Government allow the United States Delegations to visit the facility, and facilities in the southern and northern settlements located near Yamantau. Assessment of the Cuban threat to United States national security (sec. 1228) The Senate amendment contained a provision (sec. 1046) that would require the Department of Defense to submit a report on an assessment of the threat posed by Cuba to U.S. national security. The House bill contained no similar provision. The House recedes with a clarifying amendment. Report on Helsinki Joint Statement (sec. 1229) The Senate amendment contained a provision (sec. 1045) that would require the President to submit a report to Congress on the agreement reached by the United States and the Russian Federation on future reductions in nuclear forces and the United States approach to implementing the Helsinki Joint Statement, to include verification implications. The House bill contained no similar provision. The House recedes. ................ TITLE XXVIII--GENERAL PROVISIONS LEGISLATIVE PROVISIONS ADOPTED .......... .......... Prohibition against conveyance of property at Long Beach Naval Station to China Ocean Shipping Company (sec. 2826) The House bill contained a provision (sec. 2822) that would prohibit the Secretary of Defense from conveying, by sale, lease, or other method, any portion of real property to be disposed under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101 510) to a state-owned shipping company. The section would also preclude the Secretary, as a condition on each conveyance of real property, from subsequently conveying the property to a state-owned shipping company. The section would provide for a reversionary interest of the United States in such property in the event of a conveyance to, or use by, a state-owned shipping company. The Senate amendment contained no similar provision. The Senate recedes with an amendment that would specify that the Secretary of Navy may not convey property at the former Naval Station, Long Beach, California under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101 510) to the China Ocean Shipping Company (COSCO) or any successor of the company. The section would also preclude the Secretary, as a condition on each conveyance of real property, from subsequently conveying that property to that company. The section would provide for a reversionary interest of the United States in such property in the event of a conveyance to, or use by, COSCO. The provision would require the Secretary of Defense and the Director of the Federal Bureau of Investigations to separately prepare a report on the potential national security implications of transferring the property to COSCO. It would also include the authority for the President to waive the restriction if it is determined that the transfer would not adversely impact national security or significantly increase the counter intelligence burden on the United States intelligence community. The waiver would be effective 30 days after the President notifies the Speaker of the House and the President of the Senate.