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

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

Report 105-340


DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT ............... 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 ............ 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.