Congressional Documents
Intelligence-Related Excerpts
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
.........
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.
.........
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.
.........
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.
<pre>
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