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
...............
SEC. 133. ANALYSIS OF REQUIREMENTS FOR REPLACEMENT OF ENGINES
ON MILITARY AIRCRAFT DERIVED FROM BOEING 707 AIRCRAFT.
(a) Analysis Required.--The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives an analysis, to be carried out
by the Under Secretary of Defense for Acquisition and Technology, of the
requirements of the Department of Defense for replacing engines on the
aircraft of the Department of Defense that are derived from the Boeing
707 aircraft and the costs of meeting those requirements.
(b) Content.--The analysis shall include the following:
(1) The number of aircraft described in subsection (a) that are in
the inventory of the Department of Defense as of October 1, 1997, and
the number of such aircraft that are projected to be in the inventory of
the Department as of October 1, 2002, as of October 1, 2007, and as of
October 1, 2012.
(2) For each type of such aircraft, the estimated cost of operating
the aircraft for each fiscal year beginning with fiscal year 1998 and
ending with fiscal year 2014, taking into account historical patterns of
usage and projected support costs.
(3) For each type of such aircraft, the estimated costs and the
benefits of replacing the engines on the aircraft, analyzed on the basis
of the experience under the limited program for replacing the engines on
RC 135 aircraft that was undertaken during fiscal years 1995, 1996, and
1997.
(4) Various plans for replacement of engines that the Under
Secretary considers best on the basis of costs and benefits.
(c) Submission Deadline.--The analysis under subsection (a) shall be
submitted not later than March 1, 1998.
............
Subtitle E--Other Matters
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SEC. 142. NATO JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM.
(a) Funding.--Amounts authorized to be appropriated under this title
and title II are available for a NATO alliance ground surveillance
capability that is based on the Joint Surveillance/Target Attack Radar
System of the United States, as follows:
(1) Of the amount authorized to be appropriated under section
101(5), $26,153,000.
(2) Of the amount authorized to be appropriated under section
103(1), $10,000,000.
(3) Of the amount authorized to be appropriated under section
201(1), $13,500,000.
(4) Of the amount authorized to be appropriated under section
201(3), $26,061,000.
(b) Authority.--(1) Subject to paragraph (2), the Secretary of
Defense may utilize authority under section 2350b of title 10, United
States Code, for contracting for the purposes of Phase I of a NATO
Alliance Ground Surveillance capability that is based on the Joint
Surveillance/Target Attack Radar System of the United States,
notwithstanding the condition in such section that the authority be
utilized for carrying out contracts or obligations incurred under
section 27(d) of the Arms Export Control Act (22 U.S.C. 2767(d)).
(2) The authority under paragraph (1) applies during the period that
the conclusion of a cooperative project agreement for a NATO Alliance
Ground Surveillance capability under section 27(d) of the Arms Export
Control Act is pending, as determined by the Secretary of Defense.
(c) Modification of Air Force Aircraft.--Amounts available pursuant
to paragraphs (2) and (4) of subsection (a) may be used to provide for
modifying two Air Force Joint Surveillance/Target Attack Radar System
production aircraft to have a NATO Alliance Ground Surveillance
capability that is based on the Joint Surveillance/Target Attack Radar
System of the United States.
............
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
............
SEC. 216. HIGH ALTITUDE ENDURANCE UNMANNED VEHICLE PROGRAM.
(a) Limitation on Total Cost of Advanced Concept Technology
Demonstration.--The total amount obligated or expended for advanced
concept technology demonstration under the High Altitude Endurance
Unmanned Vehicle Program for fiscal year 1998 through fiscal year 2003
may not exceed $476,826,000.
(b) Limitation on Procurement.--The Secretary of Defense may not
procure any high altitude endurance unmanned vehicles, other than the
currently planned vehicles, until the completion of the testing
identified in phase II of the test and demonstration plan for the
advanced concept technology demonstration for the vehicles.
(c) Limitation on Proceeding.--The High Altitude Endurance Unmanned
Vehicle Program may not proceed beyond advanced concept technology
demonstration until the Secretary of Defense--
(1) provides to Congress a firm unit cost (referred to in this
section as the ``fly away cost'') for each of the currently planned
vehicles; and
(2) certifies to Congress the military suitability and the worth of
each such vehicle.
(d) GAO Review.--(1) The Comptroller General shall review the High
Altitude Endurance Unmanned Vehicle Program for purposes of determining
whether the average fly away cost for each vehicle is within the cost
goal under the program of $10,000,000.
(2) The Secretary of Defense and the prime contractors under the High
Altitude Endurance Unmanned Vehicle Program shall provide the
Comptroller General with such information on the program as the
Comptroller considers necessary to make the determination under
paragraph (1).
(e) Currently Planned Vehicles.--In this section, the term
``currently planned vehicles'' means the four Dark Star air vehicles and
the five Global Hawk air vehicles that have been approved for
procurement by the Secretary of Defense as of the date of the enactment
of this Act.
..............
TITLE V--MILITARY PERSONNEL POLICY
..............
Subtitle G--Military Decorations and Awards
..............
SEC. 575. ONE-YEAR EXTENSION OF PERIOD FOR RECEIPT OF
RECOMMENDATIONS FOR DECORATIONS AND AWARDS FOR CERTAIN MILITARY
INTELLIGENCE PERSONNEL.
Section 523(b)(1) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106; 110 Stat. 311; 10 U.S.C. 1130
note) is amended by striking out ``during the one-year period beginning
on the date of the enactment of this Act'' and inserting in lieu thereof
``during the period beginning on February 10, 1996, and ending on
February 9, 1998''.
..............
Subtitle I--Other Matters
..............
SEC. 599. IMPROVEMENT OF MISSING PERSONS AUTHORITIES
APPLICABLE TO DEPARTMENT OF DEFENSE.
(a) Applicability to Department of Defense Civilian Employees and
Contractor Employees.--(1) Section 1501 of title 10, United States Code,
is amended--
(A) by striking out subsection (c) and inserting in lieu thereof the
following:
``(c) Covered Persons.--(1) Section 1502 of this title applies in the
case of any member of the armed forces on active duty--
``(A) who becomes involuntarily absent as a result of a hostile
action or under circumstances suggesting that the involuntary absence is
a result of a hostile action; and
``(B) whose status is undetermined or who is unaccounted for.
``(2) Section 1502 of this title applies in the case of any other
person who is a citizen of the United States and a civilian officer or
employee of the Department of Defense or (subject to paragraph (3)) an
employee of a contractor of the Department of Defense--
``(A) who serves in direct support of, or accompanies, the armed
forces in the field under orders and becomes involuntarily absent as a
result of a hostile action or under circumstances suggesting that the
involuntary absence is a result of a hostile action; and
``(B) whose status is undetermined or who is unaccounted for.
``(3) The Secretary of Defense shall determine, with regard to a
pending or ongoing military operation, the specific employees, or groups
of employees, of contractors of the Department of Defense to be
considered to be covered by this subsection.''; and
(B) by adding at the end the following new subsection:
``(f) Secretary Concerned.--In this chapter, the term `Secretary
concerned' includes, in the case of a civilian officer or employee of
the Department of Defense or an employee of a contractor of the
Department of Defense, the Secretary of the military department or head
of the element of the Department of Defense employing the officer or
employee or contracting with the contractor, as the case may be.''.
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one military officer'' and
inserting in lieu thereof ``one individual described in paragraph (2)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively; and
(C) by inserting after paragraph (1) the following new paragraph (2):
``(2) An individual referred to in paragraph (1) is the following:
``(A) A military officer, in the case of an inquiry with respect to
a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to a
civilian employee of the Department of Defense or of a contractor of the
Department of Defense.''.
(3) Section 1504(d) of such title is amended--
(A) in paragraph (1), by striking out ``who are'' and all that
follows in that paragraph and inserting in lieu thereof ``as follows:
``(A) In the case of a board that will inquire into the whereabouts
and status of one or more members of the armed forces (and no civilians
described in subparagraph (B)), the board shall be composed of officers
having the grade of major or lieutenant commander or above.
``(B) In the case of a board that will inquire into the whereabouts
and status of one or more civilian employees of the Department of
Defense or contractors of the Department of Defense (and no members of
the armed forces), the board shall be composed of--
``(i) not less than three employees of the Department of Defense
whose rate of annual pay is equal to or greater than the rate of annual
pay payable for grade GS 13 of the General Schedule under section 5332
of title 5; and
``(ii) such members of the armed forces as the Secretary considers
advisable.
``(C) In the case of a board that will inquire into the whereabouts
and status of both one or more members of the armed forces and one or
more civilians described in subparagraph (B)--
``(i) the board shall include at least one officer described in
subparagraph (A) and at least one employee of the Department of Defense
described in subparagraph (B)(i); and
``(ii) the ratio of such officers to such employees on the board
shall be roughly proportional to the ratio of the number of members of
the armed forces who are subjects of the board's inquiry to the number
of civilians who are subjects of the board's inquiry.''; and
(B) in paragraph (4), by striking out ``section 1503(c)(3)'' and
inserting in lieu thereof ``section 1503(c)(4)''.
(4) Paragraph (1) of section 1513 of such title is amended to read as
follows:
``(1) The term `missing person' means--
``(A) a member of the armed forces on active duty who is in a
missing status; or
``(B) a civilian employee of the Department of Defense or an
employee of a contractor of the Department of Defense who serves in
direct support of, or accompanies, the armed forces in the field under
orders and who is in a missing status.
Such term includes an unaccounted for person described in section
1509(b) of this title, under the circumstances specified in the last
sentence of section 1509(a) of this title.''.
(b) Transmission to Theater Component Commander of Advisory Copy of
Missing Person Report.--(1) Section 1502 of such title is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new subsection
(b):
``(b) Transmission of Advisory Copy to Theater Component
Commander.--When transmitting a report under subsection (a)(2)
recommending that a person be placed in a missing status, the commander
transmitting that report shall transmit an advisory copy of the report
to the theater component commander with jurisdiction over the missing
person.''.
(2) Section 1513 of such title is amended by adding at the end the
following new paragraph:
``(8) The term `theater component commander' means, with respect to
any of the combatant commands, an officer of any of the armed forces who
(A) is commander of all forces of that armed force assigned to that
combatant command, and (B) is directly subordinate to the commander of
the combatant command.''.
(c) Information To Accompany Recommendation of Status of
Death.--Section 1507(b) of such title is amended adding at the end the
following new paragraphs:
``(3) A description of the location of the body, if recovered.
``(4) If the body has been recovered and is not identifiable through
visual means, a certification by a forensic pathologist that the body
recovered is that of the missing person. In determining whether to make
such a certification, the forensic pathologist shall consider, as
determined necessary by the Secretary of the military department
concerned, additional evidence and information provided by appropriate
specialists in forensic medicine or other appropriate medical
sciences.''.
(d) Missing Person's Counsel.--(1) Sections 1503(f)(1) and 1504(f)(1)
of such title are amended by adding at the end the following: ``The
identity of counsel appointed under this paragraph for a missing person
shall be made known to the missing person's primary next of kin and any
other previously designated person of the person.''.
(2) Section 1503(f)(4) of such title is amended by adding at the end
the following: ``The primary next of kin of a missing person and any
other previously designated person of the missing person shall have the
right to submit information to the missing person's counsel relative to
the disappearance or status of the missing person.''.
(e) Scope of Preenactment Review.--(1) Section 1509 of such title is
amended by striking out subsection (a) and inserting in lieu thereof the
following:
``(a) Review of Status.--(1) If new information (as defined in
paragraph (2)) is found or received that may be related to one or more
unaccounted for persons described in subsection (b) (whether or not such
information specifically relates (or may specifically relate) to any
particular such unaccounted for person), that information shall be
provided to the Secretary of Defense. Upon receipt of such information,
the Secretary shall ensure that the information is treated under
paragraphs (2) and (3) of section 1505(c) of this title and under
section 1505(d) of this title in the same manner as information received
under paragraph (1) of section 1505(c) of this title. For purposes of
the applicability of other provisions of this chapter in such a case,
each such unaccounted for person to whom the new information may be
related shall be considered to be a missing person.
``(2) For purposes of this subsection, new information is information
that is credible and that--
``(A) is found or received after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998 by a United States
intelligence agency, by a Department of Defense agency, or by a person specified
in section 1504(g) of this title; or
``(B) is identified after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1998 in records of the United
States as information that could be relevant to the case of one or more
unaccounted for persons described in subsection (b).''.
(2) Such section is further amended by adding at the end the
following new subsection:
``(d) Establishment of Personnel Files for Korean Conflict
Cases.--The Secretary of Defense shall ensure that a personnel file is
established for each unaccounted for person who is described in
subsection (b)(1) if the Secretary possesses information relevant to
that person's status. In the case of a person described in subsection
(b)(1) for whom a personnel file does not exist, the Secretary shall
create a personnel file for such person upon receipt of new information
as provided in subsection (a). Each such file shall be handled in
accordance with, and subject to the provisions of, section 1506 of this
title in the same manner as applies to the file of a missing person.''.
(f) Withholding of Classified Information.--Section 1506(b) of such
title is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively; and
(3) by adding at the end the following:
``(2) If classified information withheld under this subsection refers
to one or more unnamed missing persons, the Secretary shall ensure that
notice of that withheld information, and notice of the date of the most
recent review of the classification of that withheld information, is
made reasonably accessible to the primary next of kin, members of the
immediate family, and the previously designated person.''.
(g) Withholding of Privileged Information.--Section 1506(d) of such
title is amended--
(1) in paragraph (2)--
(A) by inserting ``or about unnamed missing persons'' in the first
sentence after ``the debriefing report'';
(B) by striking out ``the missing person'' in the second sentence
and inserting in lieu thereof ``each missing person named in the
debriefing report''; and
(C) by adding at the end the following new sentence: ``Any
information contained in the extract of the debriefing report that
pertains to unnamed missing persons shall be made reasonably accessible
to the primary next of kin, members of the immediate family, and the
previously designated person.''; and
(2) in paragraph (3), by inserting ``, or part of a debriefing
report,'' after ``a debriefing report''.
..............
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
..............
Subtitle A--Department of Defense Positions and Organizations
and Other General Matters
..............
SEC. 905. AIRBORNE RECONNAISSANCE MANAGEMENT.
(a) Reorganization of Defense Airborne Reconnaissance
Management.--Not later than September 30, 1998, the Secretary of Defense
shall reorganize the management of defense airborne reconnaissance
within the Department of Defense in accordance with the plan developed
under subsection (b).
(b) Plan and Report.--(1) The Secretary of Defense shall develop a
plan to reorganize the following organizations by transferring functions
as required under subsections (c) and (d):
(A) The organization within the Department of Defense that is
subordinate to the Under Secretary of Defense for Acquisition and
Technology and known as the Defense Airborne Reconnaissance Office.
(B) The organization within the Department of Defense that is
subordinate to the Secretary of the Navy and known as the Unmanned
Aerial Vehicle Joint Program Office.
(2) The Secretary shall submit to the congressional defense
committees a report containing--
(A) the plan developed under paragraph (1); and
(B) an explanation of how the plan addresses the findings and
recommendations in the final report of the Task Force on Defense Reform
(established by the Secretary of Defense on May 14, 1997, and headed by
the Deputy Secretary of Defense).
(3) The plan under paragraph (1) shall be developed, and the report
under paragraph (2) shall be submitted, not later than March 1, 1998.
(c) Transfer of Certain Functions to Secretaries of Military
Departments.--(1) Not later than September 30, 1998, the Secretary of
Defense shall transfer to the Secretaries of the military departments
those functions specified in paragraph (2) that were performed on the
day before the date of the enactment this Act by the Defense Airborne
Reconnaissance Office and the Unmanned Aerial Vehicle Joint Program
Office.
(2) The functions referred to in paragraph (1) are the functions of
the Defense Airborne Reconnaissance Office and the Unmanned Aerial
Vehicle Joint Program Office relating to their responsibilities for
acquisition of systems, budgeting, program management (for research,
development, test, and evaluation, for procurement, for life-cycle
support, and for operations), and related responsibilities for
individual airborne reconnaissance programs.
(d) Transfer of Certain Functions to Defense Airborne Reconnaissance
Office.--(1) Not later than September 30, 1998, the Secretary of Defense
shall transfer to the Defense Airborne Reconnaissance Office those
functions specified in paragraph (2) that were performed on the day
before the date of the enactment of this Act by the Unmanned Aerial
Vehicle Joint Program Office.
(2) The functions referred to in paragraph (1) are the functions of
the Unmanned Aerial Vehicle Joint Program Office relating to its
responsibilities for management and oversight of defense airborne
reconnaissance architecture, requirements, and system interfaces (other
than the responsibilities specified in subsection (c)(2)).
....................
Subtitle D--Department of Defense Intelligence Matters
SEC. 931. TRANSFER OF CERTAIN MILITARY DEPARTMENT PROGRAMS
FROM TIARA BUDGET AGGREGATION.
(a) Transfer.--Effective March 1, 1998, the Secretary of Defense
shall, for each program identified by the Secretary under subsection
(c)(2), transfer the management and budgeting of funds for that program
from the TIARA budget aggregation to a nonintelligence budget activity
of the military department responsible for that program.
(b) Assessment.--The Secretary of Defense shall conduct an assessment
of the policy of the Department of Defense that is used for determining
the programs of the Department that are included within the TIARA budget
aggregation. In conducting the assessment, the Secretary--
(1) shall consider whether the current policy is in need of revision
to reflect changes in technology and battlefield use of TIARA systems;
(2) shall specifically consider the appropriateness of the continued
inclusion in the TIARA budget aggregation of each of the programs
described in subsection (e); and
(3) may consider the appropriateness of the continued inclusion in
the TIARA budget aggregation of any other program (in addition to the
programs described to in subsection (e)) that as of the date of the
enactment of this Act is managed and budgeted as part of the TIARA
budget aggregation.
(c) Report.--Not later than March 1, 1998, the Secretary of Defense
shall submit to Congress a report on the assessment carried out under
section (b). The Secretary shall include in the report--
(1) a description of any proposed changes to Department of Defense
policies for determining which programs are included in the TIARA budget
aggregation; and
(2) identification of each program (among the programs considered
pursuant to paragraphs (2) and (3) of subsection (b)) for which the
management and budgeting of funds is to be transferred under subsection
(a).
(d) Identification of Programs.--(1) In specifying the programs to be
included on the list under subsection (c)(2), the Secretary--
(A) shall (except as otherwise provided pursuant to a waiver under
paragraph (2)) include each program described in subsection (e); and
(B) may include such additional programs considered in the
assessment pursuant to subsection (b)(3) as the Secretary determines
appropriate.
(2) The Secretary, after considering the results of the assessment
under subsection (c), may waive the applicability of paragraph (1)(A) to
any program described in subsection (e). The Secretary shall include in
the report under subsection (c) identification of each such program for
which the Secretary has granted such a waiver and supporting rationale
for each waiver.
(e) Covered Programs.--The programs described in this subsection are
the following (each of which, as of the date of the enactment of this
Act, is managed and budgeted as part of the TIARA budget aggregation):
(1) Each targeting or target acquisition program of the Department
of Defense, including the Joint Surveillance and Target Attack Radar
System (JSTARS) and the Advanced Deployable System.
(2) Each Tactical Warning and Attack Assessment program of the
Department of Defense, including the Defense Support Program, the
Space-Based Infrared Program, and early warning radars.
(3) Each tactical communications system of the Department of
Defense, including the Joint Tactical Terminal.
(f) TIARA Budget Aggregation Defined.--For purposes of this section,
the term ``TIARA budget aggregation'' means the aggregation of programs
of the Department of Defense for which funds are managed and budgeted
through a common designation as Tactical Intelligence and Related
Activities (TIARA) of the Department of Defense.
SEC. 932. REPORT ON COORDINATION OF ACCESS OF COMMANDERS AND
DEPLOYED UNITS TO INTELLIGENCE COLLECTED AND ANALYZED BY THE
INTELLIGENCE COMMUNITY.
(a) Findings.--Congress makes the following findings:
(1) Coordination of operational intelligence support for the
commanders of the combatant commands and deployed units of the Armed
Forces has proven to be inadequate.
(2) Procedures used to reconcile information among various
intelligence community and Department of Defense data bases have proven
to be inadequate and, being inadequate, have diminished the usefulness
of that information and have precluded commanders and planners within
the Armed Forces from fully benefiting from key information that should
have been available to them.
(3) Excessive compartmentalization of responsibilities and
information within the Department of Defense and the other elements of
the intelligence community has resulted in inaccurate analysis of
important intelligence material.
(4) Excessive restrictions on the distribution of information within
the executive branch have disadvantaged units of the Armed Forces that
would have benefited most from the information.
(5) Procedures used in the Department of Defense to ensure that
critical intelligence information is provided to the right combat units
in a timely manner failed during the Persian Gulf War and, as a result,
information about potential chemical weapons storage locations did not
reach the units that eventually destroyed those storage areas.
(6) A recent, detailed review of the events leading to and following
the destruction of chemical weapons by members of the Armed Forces at
Khamisiyah, Iraq, during the Persian Gulf War has revealed a number of
inadequacies in the way the Department of Defense and the other elements
of the intelligence community handled, distributed, recorded, and stored
intelligence information about the threat of exposure of United States
forces to chemical weapons and the toxic agents in those weapons.
(7) The inadequacy of procedures for recording the receipt of, and
reaction to, intelligence reports provided by the intelligence community
to combat units of the Armed Forces during the Persian Gulf War has
caused it to be impossible to analyze the failures in transmission of
intelligence-related information on the location of chemical weapons at
Khamisiyah, Iraq, that resulted in the demolition of chemical weapons by
members of the Armed Forces unaware of the hazards to which they were
exposed.
(b) Report Requirement.--Not later than March 1, 1998, the Secretary
of Defense shall submit to Congress a report that identifies the
specific actions that have been taken or are being taken to ensure that
there is adequate coordination of access of commanders of the combatant
commands and deployed units of the Armed Forced to intelligence
collected and analyzed by the intelligence community.
SEC. 933. PROTECTION OF IMAGERY, IMAGERY INTELLIGENCE, AND
GEOSPATIAL INFORMATION AND DATA.
(a) Protection of Information on Capabilities.--Paragraph (1)(B) of
section 455(b) of title 10, United States Code, is amended by inserting
``, or capabilities,'' after ``methods''.
(b) Products Protected.--(1) Paragraph (2) of such section is amended
to read as follows:
``(2) In this subsection, the term `geodetic product' means imagery,
imagery intelligence, or geospatial information.''.
(2) Section 467(4) of title 10, United States Code, is amended--
(A) by inserting ``and'' at the end of subparagraph (A);
(B) in subparagraph (B), by striking out ``and geodetic data; and''
and inserting in lieu thereof ``geodetic data, and related products.'';
and
(C) by striking out subparagraph (C).
SEC. 934. POW/MIA INTELLIGENCE ANALYSIS.
(a) Intelligence Analysis.--The Director of Central Intelligence, in
consultation with the Secretary of Defense, shall provide intelligence
analysis on matters concerning prisoners of war and missing persons (as
defined in chapter 76 of title 10, United States Code) to all
departments and agencies of the Federal Government involved in such
matters.
(b) Use of Intelligence in Analysis of POW/MIA Cases in Department of
Defense.--The Secretary of Defense shall ensure that the Defense
Prisoner of War/Missing Personnel Office of the Department of Defense
takes into full account all intelligence regarding matters concerning
prisoners of war and missing persons (as defined in chapter 76 of title
10, United States Code) in analyzing cases involving such persons.
...............
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
......................
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by the
committee of conference to accompany the conference report on the bill
H.R. 1119 of the One Hundred Fifth Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts specified
in the Classified Annex are not in addition to amounts authorized to be
appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
..............
Subtitle B--Naval Vessels and Shipyards
..............
SEC. 1022. AUTHORITY TO ENTER INTO A LONG-TERM CHARTER FOR A
VESSEL IN SUPPORT OF THE SURVEILLANCE TOWED-ARRAY SENSOR (SURTASS)
PROGRAM.
The Secretary of the Navy is authorized to enter into a contract in
accordance with section 2401 of title 10, United States Code, for the
charter, for a period through fiscal year 2003, of the vessel RV CORY
CHOUEST (United States official number 933435) in support of the
Surveillance Towed-Array Sensor (SURTASS) program.
...................
Subtitle C--Counter-Drug Activities
SEC. 1031. USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION
AND COUNTER-DRUG ACTIVITIES.
(a) Relationship to Training and Readiness.--Subsection (b) of
section 112 of title 32, United States Code, is amended--
(1) by inserting ``(1)'' before ``Under regulations''; and
(2) by adding at the end the following new paragraphs:
``(2) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a State drug interdiction and counter-drug
activities plan is not detrimental to the training and readiness of such
units and personnel, the requirements of section 2012(d) of title 10
shall apply in determining the drug interdiction and counter-drug
activities that units and personnel of the National Guard of a State may
perform.
``(3) Section 508 of this title, regarding the provision of
assistance to certain specified youth and charitable organizations,
shall apply in any case in which a unit or member of the National Guard
of a State is proposed to be used pursuant to a State drug interdiction
and counter-drug activities plan to provide to an organization specified
in subsection (d) of such section any of the services described in
subsection (b) of such section or services regarding counter-drug
education.''.
(b) Engineer-Type Activities.--Subsection (c) of such section is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5) and
(6), respectively; and
(2) by inserting after paragraph (3) the following new paragraph:
``(4) certify that any engineer-type activities (as defined by the
Secretary of Defense) under the plan will be performed only by units and
members of the National Guard;''.
(c) Annual Report.--Such section is further amended--
(1) by redesignating subsections (g) and (h) as subsections (h) and
(i), respectively; and
(2) by inserting after subsection (f) the following new subsection:
``(g) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and activities
carried out under this section during the preceding fiscal year. The
report shall include the following:
``(1) The number of members of the National Guard excluded under
subsection (e) from the computation of end strengths.
``(2) A description of the drug interdiction and counter-drug
activities conducted under State drug interdiction and counter-drug
activities plans referred to in subsection (c) with funds provided under
this section.
``(3) An accounting of the amount of funds provided to each State.
``(4) A description of the effect on military training and readiness
of using units and personnel of the National Guard to perform activities
under the State drug interdiction and counter-drug activities plans.''.
(d) Conforming Amendments.--Subsection (e) of such section is
amended--
(1) by striking out ``(1)'' before ``Members''; and
(2) by striking out paragraph (2).
SEC. 1032. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF MEXICO.
(a) Extension of Authority; Consultation of Secretary of
State.--Subsection (a) of section 1031 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat.
2637), is amended--
(1) by striking out ``fiscal year 1997'' and inserting in lieu
thereof ``fiscal years 1997 and 1998''; and
(2) by inserting after the first sentence the following new
sentence: ``In providing support to the Government of Mexico under this
section, the Secretary of Defense shall consult with the Secretary of
State.''.
(b) Extension of Availability of Funds.--Subsection (d) of such
section is amended--
(1) by striking out ``not more than'' and inserting in lieu thereof
``an amount not to exceed''; and
(2) by adding at the end the following new sentences: ``Funds made
available for fiscal year 1997 under this subsection and unobligated by
September 30, 1997, may be obligated during fiscal year 1998. No funds
are authorized to be appropriated for fiscal year 1998 for the provision
of support under this section.''.
SEC. 1033. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF PERU AND COLOMBIA.
(a) Authority To Provide Support.--Subject to subsection (f), during
fiscal years 1998 through 2002, the Secretary of Defense may provide
either or both of the foreign governments named in subsection (b) with
the support described in subsection (c) for the counter-drug activities
of that government. In providing support to a government under this
section, the Secretary of Defense shall consult with the Secretary of
State. The support provided under the authority of this section shall be
in addition to support provided to the governments under any other
provision of law.
(b) Governments Eligible To Receive Support.--The foreign governments
eligible to receive counter-drug support under this section are as
follows:
(1) The Government of Peru.
(2) The Government of Colombia.
(c) Types of Support.--The authority under subsection (a) is limited
to the provision of the following types of support to a government named
in subsection (b):
(1) The types of support specified in paragraphs (1), (2), and (3)
of section 1031(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201; 110 Stat. 2637).
(2) The transfer of riverine patrol boats.
(3) The maintenance and repair of equipment of the government that
is used for counter-drug activities.
(d) Applicability of Other Support Authorities.--Except as otherwise
provided in this section, the provisions of section 1004 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101 510; 10
U.S.C. 374 note) shall apply to the provision of support under this
section.
(e) Fiscal Year 1998 Funding; Limitation on Obligations.--(1) Of the
amount authorized to be appropriated under section 301(20) for drug
interdiction and counter-drug activities, an amount not to exceed
$9,000,000 shall be available for the provision of support under this
section.
(2) Amounts made available to carry out this section shall remain
available until expended, except that the total amount obligated and
expended under this section may not exceed $20,000,000 during any of the
fiscal years 1999 through 2002.
(f) Condition on Provision of Support.--(1) The Secretary of Defense
may not obligate or expend funds during a fiscal year to provide support
under this section to a government named in subsection (b) until the end
of the 15-day period beginning on the date on which the Secretary
submits to the congressional committees the written certification
described in subsection (g) for that fiscal year.
(2) In the case of the first fiscal year in which support is to be
provided under this section to a government named in subsection (b), the
obligation or expenditure of funds under this section to provide support
to that government shall also be subject to the condition that--
(A) the Secretary submit to the congressional committees the
riverine counter-drug plan described in subsection (h); and
(B) a period of 60 days expires after the date on which the report
is submitted.
(3) In the case of subsequent fiscal years in which support is to be
provided under this section to a government named in subsection (b), the
obligation or expenditure of funds under this section to provide support
to that government shall also be subject to the condition that the
Secretary submit to the congressional committees any revision of the
counter-drug plan described in subsection (h) applicable to that
government.
(4) For purposes of this subsection, the term ``congressional
committees'' means the following:
(A) The Committee on Armed Services and the Committee on Foreign
Relations of the Senate.
(B) The Committee on National Security and the Committee on
International Relations of the House of Representatives.
(g) Required Certification.--The written certification required by
subsection (f)(1) for a fiscal year is a certification of the following
with respect to each government to receive support under this section:
(1) That the provision of the support to the government will not
adversely affect the military preparedness of the United States Armed
Forces.
(2) That the equipment and materiel provided as support will be used
only by officials and employees of the government who have undergone
background investigations by that government and have been approved by
that government to perform counter-drug activities on the basis of the
background investigations.
(3) That the government has certified to the Secretary of Defense
that--
(A) the equipment and material provided as support will be used only
by the officials and employees referred to in paragraph (2);
(B) none of the equipment or materiel will be transferred (by sale,
gift, or otherwise) to any person or entity not authorized by the United
States to receive the equipment or materiel; and
(C) the equipment and materiel will be used only for the purposes
intended by the United States Government.
(4) That the government has implemented, to the satisfaction of the
Secretary of Defense, a system that will provide an accounting and
inventory of the equipment and materiel provided as support.
(5) That the departments, agencies, and instrumentalities of the
government will grant United States Government personnel access to any
of the equipment or materiel provided as support, or to any of the
records relating to such equipment or materiel, under terms and
conditions similar to the terms and conditions imposed with respect to
such access under section 505(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2314(a)(3)).
(6) That the government will provide security with respect to the
equipment and materiel provided as support that is substantially the
same degree of security that the United States Government would provide
with respect to such equipment and materiel.
(7) That the government will permit continuous observation and
review by United States Government personnel of the use of the equipment
and materiel provided as support under terms and conditions similar to
the terms and conditions imposed with respect to such observation and
review under section 505(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2314(a)(3)).
(h) Riverine Counter-Drug Plan.--The Secretary of Defense, in
consultation with the Secretary of State, shall prepare for fiscal year
1998 (and revise as necessary for subsequent fiscal years) a riverine
counter-drug plan involving the governments named in subsection (b) to
which support will be provided under this section. The plan for a fiscal
year shall include the following with respect to each government to
receive support under this section:
(1) A detailed security assessment, including a discussion of the
threat posed by illicit drug traffickers in the foreign country.
(2) An evaluation of previous and ongoing riverine counter-drug
operations by the government.
(3) An assessment of the monitoring of past and current assistance
provided by the United States under this section to the government to
ensure the appropriate use of such assistance.
(4) A description of the centralized management and coordination
among Federal agencies involved in the development and implementation of
the plan.
(5) A description of the roles and missions and coordination among
agencies of the government involved in the development and
implementation of the plan.
(6) A description of the resources to be contributed by the
Department of Defense and the Department of State for the fiscal year or
years covered by the plan and the manner in which such resources will be
utilized under the plan.
(7) For the first fiscal year in which support is to be provided
under this section, a schedule for establishing a riverine counter-drug
program that can be sustained by the government within five years, and
for subsequent fiscal years, a description of the progress made in
establishing and carrying out the program.
(8) A reporting system to measure the effectiveness of the riverine
counter-drug program.
(9) A detailed discussion of how the riverine counter-drug program
supports the national drug control strategy of the United States.
SEC. 1034. ANNUAL REPORT ON DEVELOPMENT AND DEPLOYMENT OF
NARCOTICS DETECTION TECHNOLOGIES.
(a) Report Requirement.--Not later than December 1st of each year,
the Director of the Office of National Drug Control Policy shall submit
to Congress and the President a report on the development and deployment
of narcotics detection technologies by Federal agencies. Each such
report shall be prepared in consultation with the Secretary of Defense,
the Secretary of State, the Secretary of Transportation, and the
Secretary of the Treasury.
(b) Matters To Be Included.--Each report under subsection (a) shall
include--
(1) a description of each project implemented by a Federal agency
relating to the development or deployment of narcotics detection
technology;
(2) the agency responsible for each project described in paragraph
(1);
(3) the amount of funds obligated or expended to carry out each
project described in paragraph (1) during the fiscal year in which the
report is submitted or during any fiscal year preceding the fiscal year
in which the report is submitted;
(4) the amount of funds estimated to be obligated or expended for
each project described in paragraph (1) during any fiscal year after the
fiscal year in which the report is submitted to Congress; and
(5) a detailed timeline for implementation of each project described
in paragraph (1).
.....................
Subtitle E--Matters Relating to Terrorism
SEC. 1051. OVERSIGHT OF COUNTERTERRORISM AND ANTITERRORISM
ACTIVITIES; REPORT.
(a) Oversight of Counterterrorism and Antiterrorism Activities.--Not
later than 120 days after the date of the enactment of this Act, the
Director of the Office of Management and Budget shall--
(1) establish a reporting system for executive agencies with respect
to the budget and expenditure of funds by such agencies for the purpose
of carrying out counterterrorism and antiterrorism programs and
activities; and
(2) using such reporting system, collect information on--
(A) the budget and expenditure of funds by executive agencies during
the current fiscal year for purposes of carrying out counterterrorism
and antiterrorism programs and activities; and
(B) the specific programs and activities for which such funds were
expended.
(b) Report.--Not later than March 1 of each year, the President shall
submit to Congress a report in classified and unclassified form (using
the information described in subsection (a)(2)) describing, for each
executive agency and for the executive branch as a whole, the following:
(1) The amounts proposed to be expended for counterterrorism and
antiterrorism programs and activities for the fiscal year beginning in
the calendar year in which the report is submitted.
(2) The amounts proposed to be expended for counterterrorism and
antiterrorism programs and activities for the fiscal year in which the
report is submitted and the amounts that have already been expended for
such programs and activities for that fiscal year.
(3) The specific counterterrorism and antiterrorism programs and
activities being implemented, any priorities with respect to such
programs and activities, and whether there has been any duplication of
efforts in implementing such programs and activities.
SEC. 1052. PROVISION OF ADEQUATE TROOP PROTECTION EQUIPMENT
FOR ARMED FORCES PERSONNEL ENGAGED IN PEACE OPERATIONS; REPORT ON
ANTITERRORISM ACTIVITIES AND PROTECTION OF PERSONNEL.
(a) Protection of Personnel.--The Secretary of Defense shall take
appropriate actions to ensure that units of the Armed Forces engaged in
a peace operation are provided adequate troop protection equipment for
that operation.
(b) Specific Actions.--In taking actions under subsection (a), the
Secretary shall--
(1) identify the additional troop protection equipment, if any,
required to equip a division (or the equivalent of a division) with
adequate troop protection equipment for peace operations; and
(2) establish procedures to facilitate the exchange or transfer of
troop protection equipment among units of the Armed Forces.
(c) Designation of Responsible Official.--The Secretary of Defense
shall designate an official within the Department of Defense to be
responsible for--
(1) ensuring the appropriate allocation of troop protection
equipment among the units of the Armed Forces engaged in peace
operations; and
(2) monitoring the availability, status or condition, and location
of such equipment.
(d) Troop Protection Equipment Defined.--In this section, the term
``troop protection equipment'' means the equipment required by units of
the Armed Forces to defend against any hostile threat that is likely
during a peace operation, including an attack by a hostile crowd, small
arms fire, mines, and a terrorist bombing attack.
(e) Report on Antiterrorism Activities of the Department of Defense
and Protection of Personnel.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report, in classified and unclassified form, on antiterrorism
activities of the Department of Defense and the actions taken by the
Secretary under subsections (a), (b) and (c). The report shall include
the following:
(1) A description of the programs designed to carry out
antiterrorism activities of the Department of Defense, any deficiencies
in those programs, and any actions taken by the Secretary to improve
implementation of such programs.
(2) An assessment of the current policies and practices of the
Department of Defense with respect to the protection of members of the
Armed Forces overseas against terrorist attack, including any
modifications to such policies or practices that are proposed or
implemented as a result of the assessment.
(3) An assessment of the procedures of the Department of Defense for
determining accountability, if any, in the command structure of the
Armed Forces in instances in which a terrorist attack results in the
loss of life at an overseas military installation or facility.
(4) A detailed description of the roles of the Office of the
Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, and the combatant commanders in
providing guidance and support with respect to the protection of members
of the Armed Forces deployed overseas against terrorist attack (both
before and after the November, 1995 bombing in Riyadh, Saudi Arabia) and
how these roles have changed since the June 25, 1996, terrorist bombing
at Khobar Towers in Dhahran, Saudi Arabia.
(5) A description of the actions taken by the Secretary of Defense
under subsections (a), (b), and (c) to provide adequate troop protection
equipment for units of the Armed Forces engaged in a peace operation.
.................
TITLE XII--MATTERS RELATING TO OTHER NATIONS
.................
SEC. 1226. REPORT ON FUTURE MILITARY CAPABILITIES AND STRATEGY
OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Report.--The Secretary of Defense shall prepare a report, in both
classified and unclassified form, on the pattern of military
modernization of the People's Republic of China. The report shall
address the probable course of military-technological development in the
People's Liberation Army and the development of Chinese security
strategy and military strategy, and of military organizations and
operational concepts, through 2015.
(b) Matters To Be Included.--The report shall include analyses and
forecasts of the following:
(1) The goals of Chinese security strategy and military strategy.
(2) Trends in Chinese strategy regarding the political goals of the
People's Republic of China in the Asia-Pacific region and its political
and military presence in other regions of the world, including Central
Asia, Southwest Asia, Europe, and Latin America.
(3) Developments in Chinese military doctrine, focusing on (but not
limited to) efforts to exploit an emerging Revolution in Military
Affairs or to conduct preemptive strikes.
(4) Efforts by the People's Republic of China to enhance its
capabilities in the area of nuclear weapons development.
(5) Efforts by the People's Republic of China to develop long-range
air-to-air or air defense missiles that would provide the capability to
target special support aircraft such as Airborne Warning and Control
System (AWACS) aircraft, Joint Surveillance and Target Attack Radar
System (JSTARS) aircraft, or other command and control, intelligence,
airborne early warning, or electronic warfare aircraft.
(6) Efforts by the People's Republic of China to develop a
capability to conduct ``information warfare'' at the strategic,
operational, and tactical levels of war.
(7) Development by the People's Republic of China of capabilities in
the area of electronic warfare.
(8) Efforts by the People's Republic of China to develop a
capability to establish control of space or to deny access and use of
military and commercial space systems in times of crisis or war,
including programs to place weapons in space or to develop earth-based
weapons capable of attacking space-based systems.
(9) Trends that would lead the People's Republic of China toward the
development of advanced intelligence, surveillance, and reconnaissance
capabilities, including gaining access to commercial or third-party
systems with military significance.
(10) Efforts by the People's Republic of China to develop highly
accurate and stealthy ballistic and cruise missiles, including
sea-launched cruise missiles, particularly in numbers sufficient to
conduct attacks capable of overwhelming projected defense capabilities
in the Asia-Pacific region.
(11) Development by the People's Republic of China of command and
control networks, particularly those capable of battle management of
long-range precision strikes.
(12) Efforts by the People's Republic of China in the area of
telecommunications, including common channel signaling and synchronous
digital hierarchy technologies.
(13) Development by People's Republic of China of advanced aerospace
technologies with military applications (including gas turbine ``hot
section'' technologies).
(14) Programs of the People's Republic of China involving unmanned
aerial vehicles, particularly those with extended ranges or loitering
times or potential strike capabilities.
(15) Exploitation by the People's Republic of China for military
purposes of the Global Positioning System or other similar systems
(including commercial land surveillance satellites), with such analysis
and forecasts focusing particularly on indications of an attempt to
increase the accuracy of weapons or situational awareness of operating
forces.
(16) Development by the People's Republic of China of capabilities
for denial of sea control, including such systems as advanced sea mines,
improved submarine capabilities, or land-based sea-denial systems.
(17) Efforts by the People's Republic of China to develop its
anti-submarine warfare capabilities.
(18) Continued development by the People's Republic of China of
follow-on forces, particularly forces capable of rapid air or amphibious
assault.
(19) Efforts by the People's Republic of China to enhance its
capabilities in such additional areas of strategic concern as the
Secretary identifies.
(c) Analysis of Implications of Sales of Products and Technologies to
Entities in China.--The report under subsection (a) shall include, with
respect to each area for analyses and forecasts specified in subsection
(b)--
(1) an assessment of the military effects of sales of United States
and foreign products and technologies to entities in the People's
Republic of China; and
(2) the potential threat of developments related to such effects to
United States strategic interests.
(d) Submission of Report.--The report shall be submitted to Congress
not later than March 15, 1998.
SEC. 1227. SENSE OF CONGRESS ON NEED FOR RUSSIAN OPENNESS ON
THE YAMANTAU MOUNTAIN PROJECT.
(a) Findings.--Congress finds as follows:
(1) The United States and Russia have been working since the end of
the Cold War to achieve a strategic relationship based on cooperation
and openness between the two nations.
(2) This effort to establish a new strategic relationship between
the two nations has resulted in the conclusion or agreement in principle
on a number of far-reaching agreements, including START I, II, and III,
a revision in the Conventional Forces in Europe Treaty, and a series of
other agreements (such as the Comprehensive Test Ban Treaty and the
Chemical Weapons Convention), designed to further reduce bilateral
threats and limit the proliferation of weapons of mass destruction.
(3) These far-reaching agreements were based on the understanding
between the United States and Russia that there would be a good faith
effort on both sides to comply with the letter and spirit of the
agreements.
(4) Reports indicate that Russia has been pursuing construction of a
massive underground facility of unknown purpose at Yamantau Mountain and
the city of Mezhgorye (formerly the settlements of Beloretsk 15 and
Beloretsk 16) that is designed to survive a nuclear war and appears to
exceed reasonable defense requirements.
(5) The Yamantau Mountain project does not appear to be consistent
with the lowering of strategic threats, openness, and cooperation that
is the basis of the post-Cold War strategic partnership between the
United States and Russia.
(6) The United States has allowed senior Russian military and
government officials to have access to key strategic facilities of the
United States by providing tours of the North American Air Defense
(NORAD) command at Cheyenne Mountain and the United States Strategic
Command (STRATCOM) headquarters in Omaha, Nebraska, among other sites,
and by providing extensive briefings on the operations of those
facilities.
(b) Sense of Congress.--It is the sense of Congress that the Russian
government--
(1) should provide to the United States Government a written
explanation with sufficient detail (including drawings and diagrams) of
the purpose and operational concept of the completed and planned
facilities at Yamantau Mountain to support a high confidence judgment by
the United States that the design of the Yamantau facility is consistent
with official Russian government explanations; and
(2) should allow a United States delegation, to include officials of
the executive branch and Members of Congress, to have access to the
Yamantau Mountain project and buildings and facilities surrounding the
project.
SEC. 1228. ASSESSMENT OF THE CUBAN THREAT TO UNITED STATES
NATIONAL SECURITY.
(a) Findings.--Congress makes the following findings:
(1) Cuba has maintained a hostile policy in its relations with the
United States for over 35 years.
(2) The United States, as a sovereign nation, must be able to
respond to any Cuban provocation and defend the people and territory of
the United States against any attack.
(3) In 1994, the Government of Cuba callously encouraged a massive
exodus of Cubans, by boat and raft, toward the United States during
which countless numbers of those Cubans lost their lives on the high
seas.
(4) The humanitarian response of the United States to rescue,
shelter, and provide emergency care to those Cubans, together with the
actions taken to absorb some 30,000 of those Cubans into the United
States, required significant efforts and the expenditure of hundreds of
millions of dollars for the costs incurred by the United States and
State and local governments in connection with those efforts.
(5) On February 24, 1996, Cuban MiG aircraft attacked and destroyed,
in international airspace, two unarmed civilian aircraft flying from the
United States, and the four persons in those unarmed civilian aircraft
were killed.
(6) Since that attack, the Cuban government has issued no apology
for the attack, nor has it indicated any intention to conform its
conduct to international law that is applicable to civilian aircraft
operating in international airspace.
(b) Review and Assessment.--The Secretary of Defense shall carry out
a comprehensive review and assessment of--
(1) Cuban military capabilities; and
(2) the threats to the national security of the United States that
may be posed by Cuba, including--
(A) such unconventional threats as (i) encouragement of massive and
dangerous migration, and (ii) attacks on citizens and residents of the
United States while they are engaged in peaceful protest in
international waters or airspace;
(B) the potential for development and delivery of chemical or
biological weapons; and
(C) the potential for internal strife in Cuba that could involve
citizens or residents of the United States or the Armed Forces of the
United States.
(c) Report.--Not later than March 31, 1998, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the review and assessment. The report shall include the following:
(1) The Secretary's assessment of the capabilities and threats
referred to in subsection (b), including each of the threats described
in paragraph (2) of that subsection.
(2) A discussion of the results of the review and assessment,
including an assessment of the contingency plans developed by the
Secretary to counter any threat posed by Cuba to the United States.
(d) Consultation on Review and Assessment.--In performing the review
and assessment and in preparing the report, the Secretary of Defense
shall consult with the Chairman of the Joint Chiefs of Staff, the
commander of the United States Southern Command, and the heads of other
appropriate departments and agencies of the United States.
............
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
............
TITLE XXI--ARMY
............
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(1), the Secretary
of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
State Installation or Location Amount
..........
CONUS Classified Classified Location $6,500,000
--------------
Total $598,750,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
Country Installation or Location Amount
................
Overseas Classified Overseas Classified $37,000,000
--------------
Total $156,100,000
...............
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(1), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
State Installation or Location Amount
.............
Alaska Clear Air Station $67,069,000
California Edwards Air Force Base $2,887,000
Vandenberg Air Force Base $26,876,000
Colorado Buckley Air National Guard Base $6,718,000
Falcon Air Force Station $10,551,000
Peterson Air Force Base $4,081,000
............
CONUS Classified Classified Location $6,175,000
--------------
Total $559,085,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
Country Installation or Location Amount
Germany Spangdahlem Air Base $18,500,000
Italy Aviano Air Base $15,220,000
Korea Kunsan Air Base $10,325,000
Portugal Lajes Field, Azores $4,800,000
United Kingdom Royal Air Force, Lakenheath $11,400,000
Overseas Classified Classified Location $29,100,000
-------------
Total $89,345,000
...........
TITLE XXIV--DEFENSE AGENCIES
...........
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2405(a)(1), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
Agency Installation or Location Amount
..............
Defense Intelligence Agency lBolling Air Force Base, District of Columbia $7,000,000
.................
National Security Agency Fort Meade, Maryland $29,700,000
Special Operations Command Eglin Auxiliary Field 9, Florida $8,550,000
....................
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
.............
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1995 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B of
Public Law 103 337; 108 Stat. 3046), authorizations for the projects set
forth in the tables in subsection (b), as provided in section 2101,
2201, 2202, 2301, 2302, 2401, or 2601 of such Act, shall remain in
effect until October 1, 1998, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 1999,
whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Navy: Extension of 1995 Project Authorizations
State Installation or location Project Amount
.....................
CONUS Classified lClassified Location lAircraft Fire and Rescue and Vehicle Maintenance Facilities $2,200,000
....................
TITLE XXVIII--GENERAL PROVISIONS
....................
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
....................
SEC. 2826. PROHIBITION AGAINST CERTAIN CONVEYANCES OF PROPERTY
AT NAVAL STATION, LONG BEACH, CALIFORNIA.
(a) Prohibition Against Direct Conveyance.--In disposing of real
property in connection with the closure of 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; 10 U.S.C. 2687 note), the
Secretary of the Navy may not convey any portion of the property (by
sale, lease, or other method) to the China Ocean Shipping Company or any
legal successor or subsidiary of that Company (in this section referred
to as ``COSCO'').
(b) Prohibition Against Indirect Conveyance.--The Secretary of the
Navy shall impose as a condition on each conveyance of real property
located at Naval Station, Long Beach, California, the requirement that
the property may not be subsequently conveyed (by sale, lease, or other
method) to COSCO.
(c) Reversionary Interest.--If the Secretary of the Navy determines
at any time that real property located at Naval Station, Long Beach,
California, and conveyed under the Defense Base Closure and Realignment
Act of 1990 has been conveyed to COSCO in violation of subsection (b) or
is otherwise being used by COSCO in violation of such subsection, all
right, title, and interest in and to the property shall revert to the
United States, and the United States shall have immediate right of entry
thereon.
(d) National Security Report and Determination.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Defense and the Director of the Federal Bureau of Investigation shall
separately submit to the President and the congressional defense
committees a report regarding the potential national security
implications of conveying property described in subsection (a) to COSCO.
Each report shall specifically identify any increased risk of espionage,
arms smuggling, or other illegal activities that could result
from a conveyance to COSCO and recommend appropriate action to address
any such risk.
(e) Waiver Authority.--(1) The President may waive the prohibitions
contained in this section with respect to a conveyance of property
described in subsection (a) to COSCO if the President determines that--
(A) appropriate action has been taken to address any increased
national security risk identified in the reports required by subsection
(d); and
(B) the conveyance would not adversely affect national security or
significantly increase the counter-intelligence burden on the
intelligence community.
(2) Any waiver under paragraph (1) shall take effect 30 days after
the date on which the President notifies the Speaker of the House of
Representatives and the President of the Senate of the President's
determination to use the waiver authority provided under this
subsection.
<pre>
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