[Congressional Record Volume 140, Number 81 (Thursday, June 23, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995

                                 ______


                SPECTER (AND OTHERS) AMENDMENT NO. 1839

  Mr. SPECTER (for himself, Mr. Wofford, and Mr. Lautenberg) proposed 
an amendment to the bill (S. 2182) to authorize appropriations for 
fiscal year 1995 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; as follows:

       At the appropriate place in title XXVIII of the bill, 
     insert the following:

     SEC. 28. JUDICIAL REVIEW OF REQUIREMENTS FOR DISCLOSURE OF 
                   INFORMATION BY THE SECRETARY.

       Section 2903 of 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) is amended by adding at the end the 
     following new subsection:
       ``(f) Judicial Review.--If the Secretary transmits 
     recommendations to the Commission under subsection (c)(1), 
     any person adversely affected thereby or any member of 
     Congress may, upon a prima facie showing of not less than two 
     documentary material acts of fraudulent concealment, bring an 
     action in a district court of the United States for the 
     review of the compliance of the applicable official or entity 
     with the requirement that such official or entity make 
     available to Congress, to the Commission, and to the 
     Comptroller General all information used by or available to 
     the Secretary to prepare the recommendations.
                                 ______


                JOHNSTON (AND OTHERS) AMENDMENT NO. 1840

  Mr. JOHNSTON (for himself, Mrs. Feinstein, Mr. Breaux, Mrs. Boxer, 
and Mr. Kohl) proposed an amendment to the bill S. 2182, supra; as 
follows:

       On page 249, line 7, strike out ``1949'' and insert in lieu 
     thereof the following: 1949.

     SEC. 1068. ACQUISITION OF STRATEGIC SEALIFT SHIPS.

       (a) Amount for Shipbuilding and Conversion.--
     Notwithstanding section 102(3), there is hereby authorized to 
     be appropriated for the Navy for fiscal year 1995, 
     $5,532,007,000 for procurement for shipbuilding and 
     conversion.
       (b) National Defense Sealift Fund.--Notwithstanding section 
     302(2), there is hereby authorized to be appropriated for the 
     Armed Forces and other activities and agencies of the 
     Department of Defense $828,600,000 for providing capital for 
     the National Defense Sealift Fund.
                                 ______


                FEINGOLD (AND OTHERS) AMENDMENT NO. 1841

  Mr. FEINGOLD (for himself, Mr. Simon, Mr. Harkin, Mr. Bumpers, Mr. 
Sasser, and Mr. Wellstone) proposed and amendment to the bill S. 2182, 
supra; as follows:

       On page 22, between lines 9 and 10, insert the following:

     SEC. 122. CVN-76 AIRCRAFT CARRIER PROGRAM.

       No contract (including a contract for advance procurement 
     of long lead items) may be entered into for procurement of a 
     CVN-76 aircraft carrier on or after the date of the enactment 
     of this Act and before October 1, 1999. Any such contract 
     (other than a contract for procurement of long lead items) 
     that has been entered into before the date of the enactment 
     of this Act shall be terminated.
                                 ______


                       McCAIN AMENDMENT NO. 1842

  Mr. McCAIN proposed an amendment to the bill S. 2182, supra; as 
follows:

       On page 223, beginning with line 14, strike out all through 
     page 227, line 11, and insert in lieu thereof the following:

     SEC. 1042. TERMINATION OF CERTAIN DEPARTMENT OF DEFENSE 
                   REPORTING REQUIREMENTS.

       (a) Immediate Termination.--Except as provided in 
     subsection (c), notwithstanding the date set forth in 
     subsection (a) of section 1151 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     107 Stat. 1758; 10 U.S.C. 113 note), the reporting 
     requirements referred to in subsection (b) are terminated 
     effective on the date of the enactment of this Act.
       (b) Applicability.--Subsection (a) applies to each 
     reporting requirement specified in enclosures 1 and 2 of the 
     letter, dated April 29, 1994, by which the Director for 
     Administration and Management, Office of the Secretary of 
     Defense, citing the authority of the provision of law 
     referred to in subsection (a), submitted a list of reporting 
     requirements recommended for termination by the Department of 
     Defense.
       (c) Preservation of Requirements.--(1) The reporting 
     requirements set forth in the provisions of law referred to 
     in paragraph (2) shall not terminate under subsection (a) of 
     section 1151 of the National Defense Authorization Act for 
     Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1758; 10 
     U.S.C. 113 note).
       (2) Paragraph (1) applies to the following reports:
       (A) Reports required under the following provisions of 
     title 10, United States Code:
       (i) Section 2662, relating to reports on real property 
     transactions.
       (ii) Section 2672a(b), relating to reports on urgent 
     acquisitions of land.
       (iii) Section 2687(b)(1), relating to notifications of 
     certain base closures and realignments.
       (iv) Section 2690(b)(2), relating to notifications of 
     proposed conversions of heating facilities at United States 
     installations in Europe.
       (v) Section 2804(b), relating to reports on contingency 
     military construction projects.
       (vi) Section 2806(c)(2), relating to reports on 
     contributions for NATO infrastructure in excess of amounts 
     appropriated for such contributions.
       (vii) Subsections (b) and (c) of section 2807, relating to 
     notifications and reports on architectural and engineering 
     services and construction design.
       (viii) Section 2823(b), relating to notifications regarding 
     disagreements between certain officials on the availability 
     of locations for suitable alternative housing for the 
     Department of Defense.
       (ix) Subsections (b) and (c) of section 2825, relating to 
     notifications regarding improvements of family housing or 
     construction of replacement family housing.
       (x) Section 2827(b), relating to notifications regarding 
     relocation of military family housing units.
       (xi) Section 2835(g)(1), relating to economic analyses on 
     the cost effectiveness of leasing family housing to be 
     constructed or rehabilitated.
       (xii) Section 2861(a), relating to the annual report on 
     military construction activities and family housing 
     activities.
       (xiii) Subsections (e) and (f) of section 2865, relating to 
     notifications regarding unauthorized energy conservation 
     construction projects and an annual report regarding energy 
     conservation actions.
       (B) Reports required under the following provisions of 
     title 37, United States Code:
       (i) Section 406(i), relating to the annual report regarding 
     dependents accompanying members stationed outside the United 
     States in relation to the eligibility of such members to 
     receive travel and transportation allowances.
       (ii) Section 1008(a), relating to the annual report by the 
     President on adjustments of rates of pay and allowances for 
     members of the uniformed services.
       (C) Reports required under the following provisions of law:
       (i) Section 326(a)(5) of the National Defense Authorization 
     Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2368; 
     10 U.S.C. 2301 note), relating to reports on use of certain 
     ozone-depleting substances.
       (ii) Subsections (e) and (f) of section 2921 of the 
     National Defense Authorization Act for Fiscal Year 1991 (10 
     U.S.C. 2687 note), relating to notifications regarding 
     negotiations for payments-in-kind for the release of 
     improvements at overseas military installations to host 
     countries and an annual report on the status and use of the 
     Department of Defense Overseas Military Facility Investment 
     Recovery Account.
       (iii) Section 1505(f)(3) of the Military Child Care Act of 
     1989 (title XV of Public Law 101-189; 103 Stat. 1594; 10 
     U.S.C. 113 note), relating to reports on closures of military 
     child development centers.
       (iv) Subsections (a) and (d) of section 7 of the Organotin 
     Antifouling Paint Control Act of 1988 (Public Law 100-133, 
     102 Stat. 607; 33 U.S.C. 2406), relating to the annual report 
     on the monitoring of estuaries and near-coastal waters for 
     concentrations of organotin.
                                 ______


              SMITH (AND OTHERS) AMENDMENTS NOS. 1843-1848

  Mr. SMITH (for himself, Mr. Kerry, Mr. Dole, Mr. Conrad, Mr. Wofford, 
Mr. Lott, Mr. Grassley, Mr. Helms, Mr. McCain, Mr. Thurmond, Mr. Kohl, 
Mr. Reid, and Mr. Lieberman) proposed six amendments to the bill S. 
2182, supra; as follows:

                           Amendment No. 1843

       On page 249, between lines 7 and 8, insert the following:

     SEC. 1068. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED 
                   FOR UNITED STATES PERSONNEL FROM THE KOREAN 
                   CONFLICT, AND THE COLD WAR.

       Section 1082 of the National Defense Authorization Act for 
     Fiscal Year 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401 
     note) is amended--
       (1) in subsection (a), by striking out paragraph (2) and 
     inserting in lieu thereof the following:
       (2) Paragraph (1) applies to any record, live-sighting 
     report, or other information in the custody of the official 
     custodian referred to in subsection (d)(3) that may pertain 
     to the location treatment or condition of (i) United States 
     personnel who remain not accounted for as a result of service 
     in the Armed Forces of the United States or other Federal 
     Government service during the Korean conflict, the Vietnam 
     era, or the Cold War, or (ii) their remains.'';
       (2) subsection (c)--
       (A) by striking out the first sentence in paragraph (1) and 
     inserting in lieu thereof the following: ``In the case of 
     records or other information originated by the Department of 
     Defense, the official custodian shall make such records and 
     other information available to the public pursuant to this 
     section not later than September 30, 1995.
       (B) in paragraph (2), by striking out ``after March 1, 
     1992,''; and
       (C) in paragraph (3), by striking out ``a Vietnam-era POW/
     MIA who may still be alive in Southeast Asia,'' and inserting 
     in lieu thereof ``any United States personnel referred to in 
     subsection (a)(2) who remain not accounted for but who may 
     still be alive in captivity,'';
       (3) by striking out subsection (d) and inserting in lieu 
     thereof the following:
       ``(d) Definitions.--For purpose of this section:
       ``(1) The terms `Korean conflict' and `Vietnam era' have 
     the meanings given those terms in section 101 of title 38, 
     United States Code.
       ``(2) The term `Cold War' shall have the meaning determined 
     by the Secretary of Defense.
       ``(3) The term `official custodian' means--
       ``(A) in the case of records, reports, and information 
     relating to the Korean conflict or the Cold War, the 
     Archivist of the United States; and
       ``(B) in the case of records, reports, and information 
     relating to the Vietnam era, the Secretary of Defense.''; and
       (4) by striking out the section heading and inserting in 
     lieu thereof the following new section heading:

     ``SEC. 1082. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED 
                   FOR UNITED STATES PERSONNEL OF THE COLD WAR, 
                   THE KOREAN CONFLICT, AND THE VIETNAM ERA.''.

                                  ____


                           Amendment No. 1844

       In title X, insert the following new section:

     SEC.   . REQUIREMENT FOR CERTIFICATION BY SECRETARY OF 
                   DEFENSE CONCERNING DECLASSIFICATION OF VIETNAM-
                   ERA POW/MIA RECORDS.

       (a) Findings.--Congress makes the following findings:
       (1) The Senate, by Senate Resolution 324, 102d Congress, 2d 
     session, agreed to on July 2, 1992, unanimously requested the 
     President to ``expeditiously issue an Executive Order 
     requiring all executive branch departments and agencies to 
     declassify and publicly release without compromising United 
     States national security all documents, files, and other 
     materials pertaining to POW's and MIA's.''.
       (2) The President, in an executive order dated July 22, 
     1992, ordered declassification of all United States 
     government documents, files, and other materials pertaining 
     to American personnel who became prisoners of war or missing 
     in action in Southeast Asia.
       (3) The President stated on Memorial Day of 1993 that all 
     such documents, files and other materials pertaining to 
     personnel covered by that executive order should be 
     declassified by Veterans Day of 1993.
       (4) The President declared on Veterans Day of 1993 that all 
     such document, files, and other materials had been 
     declassified.
       (5) Nonetheless, since that Veterans Day declaration in 
     1993, there have been found still classified more United 
     States Government documents, filed more United States 
     Government documents, files, and other materials pertaining 
     to American personnel who became prisoners of war or missing 
     in action in Southeast Asia.
       (b) Review and Certification.--Not later than 60 days after 
     debate of the enactment of this Act, the Secretary of Defense 
     shall--
       (1) conduct a review to determine whether there continue to 
     exist in classified from documents, files, or other materials 
     pertaining to American personnel who became prisoners of war 
     or missing in action in Southeast Asia that should be 
     declassified in accordance with Senate Resolution 324, 102d 
     Congress, 2d session, agreed to on July 2, 1992, and the 
     executive order of July 22, 1992; and
       (2) certify to Congress that all documents, files, and 
     other materials pertaining to such personnel have been 
     declassified and specify in the certification the date on 
     which the declassification was completed.
                                  ____


                           Amendment No. 1845

       In title X, insert the following new section:

     SEC.   . REQUIREMENT FOR SECRETARY OF DEFENSE TO SUBMIT 
                   RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW 
                   CONCERNING MISSING PERSONS.

       (a) Findings.--Congress makes the following findings:
       (1) The families of American personnel who became prisoners 
     of war or missing in action while serving in the Armed Forces 
     of the United States and national veterans organizations have 
     expressed concern to Congress for several years regarding 
     provisions of chapter 10 of title 37, United States Code, 
     relating to missing persons, that authorize the Secretaries 
     of the military departments to declare missing Armed Forces 
     personnel dead based primarily on the passage of time.
       (2) Proposed legislation concerning revisions to those 
     provisions of law has been pending before Congress for 
     several years.
       (3) It is important for Congress to obtain the views of the 
     Secretary of Defense with respect to the appropriateness of 
     revising those provisions of law before acting further on 
     proposed amendments to such provisions.
       (b) Recommendations Required.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense in consultation with the Secretaries of the military 
     departments, the national POW/MIA family organizations, and 
     the national veterans organizations, shall--
       (1) conduct a review of the provisions of chapter 10 of 
     title 37, United States Code, relating to missing persons; 
     and
       (2) submit to Congress the Secretary's recommendations as 
     to whether those provisions of law should be amended.
                                  ____


                           Amendment No. 1846

       In title X, insert the following new section:

     SEC.   . CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND THE 
                   MINISTRY OF NATIONAL DEFENSE OF CHINA ON POW/
                   MIA ISSUES.

       (a) Findings.--Congress makes the following findings:
       (1) The Select Committee on POW/MIA Affairs of the Senate 
     concluded in its final report, dated January 13, 1993, that 
     ``many American POW's had been held in China during the 
     Korean conflict and that foreign POW camps in both China and 
     North Korea were run by Chinese officials'' and, further, 
     that ``given the fact that only 26 Army and 15 Air Force 
     personnel returned from China following the war, the 
     committee can now firmly conclude that the People's Republic 
     of China surely has information on the fate of other 
     unaccounted for American POW's from the Korean conflict.''.
       (2) The Select Committee on POW/MIA Affairs recommended in 
     such report that ``the Department of State and Defense form a 
     POW/MIA task force on China similar to Task Force Russia.''.
       (3) Neither the Department of Defense nor the Department of 
     State has held substantive discussions with officials from 
     the People's Republic of China concerning unaccounted for 
     American prisoners of war of the Korean conflict.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should establish contact with 
     officials of the Ministry of Defense of the People's Republic 
     of China regarding unresolved issues relating to American 
     prisoners of war and American personnel missing in action as 
     a result of the Korean conflict.
                                  ____


                           Amendment No. 1847

       On page 249, between lines 7 and 8, insert the following:

     SEC. 1068. INFORMATION CONCERNING UNACCOUNTED FOR UNITED 
                   STATES PERSONNEL OF THE VIETNAM CONFLICT.

       Not later than 45 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress 
     the following information pertaining to United States 
     personnel involved in the Vietnam conflict that remain not 
     accounted for:
       (1) A complete listing by name of all such personnel about 
     whom it is possible that officials of the Socialist Republic 
     of Vietnam can produce additional information or remains that 
     could lead to the maximum possible accounting for those 
     personnel, as determined on the basis of all information 
     available to the United States Government.
       (2) A complete listing by name of all such personnel about 
     whom it is possible that officials of the Lao People's 
     Democratic Republic can produce additional information or 
     remains that could lead to the maximum possible accounting 
     for those personnel, as determined on the basis of all 
     information available to the United States Government.
                                  ____


                           Amendment No. 1848

       In title X, insert the following new section:

     SEC.  . REPORT ON POW/MIA MATTER CONCERNING NORTH KOREA

       (a) Findings--Congress makes the following findings:
       (1) The Select Committee on POW/MIA Affairs of the Senate 
     concluded in its final report, dated January 13, 1993, that 
     ``it is likely that a large number of possible MIA remains 
     can be repatriated and several records and documents on 
     unaccounted for POW's and MIA's can be provided from North 
     Korea once a joint working level commission is set up under 
     the leadership of the United States.''.
       (2) The Select Committee recommended in such report that 
     ``the Departments of State and Defense take immediate steps 
     to form this commission through the United Nations Command at 
     Panmunjom, Korea'' and that the ``commission should have a 
     strictly humanitarian mission and should not be tied to 
     political developments on the Korean peninsula.''.
       (3) In August 1993, the United States and North Korea 
     entered into an agreement concerning the repatriation of 
     remains of United States personnel.
       (4) The establishment of a joint working level commission 
     with North Korea could enhance the prospects for results 
     under the August 1993 agreement.
       (b) Report.--The Secretary of Defense shall--
       (1) at the end of January, May, and September of 1995, 
     submit a report to Congress on the status of efforts to 
     obtain information from North Korea concerning United States 
     personnel involved in the Korean conflict who remain not 
     accounted for and to obtain from North Korea any remains of 
     such personnel; and
       (2) actively seek to establish a joint working level 
     commission with North Korea, consistent with the 
     recommendations of the Select Committee on POW/MIA Affairs of 
     the Senate set forth in the final report of the committee, 
     dated January 13, 1993, to resolve the remaining issues 
     related to United States personnel who became prisoners of 
     war or missing in action during the Korean conflict.
                                 ______


               KEMPTHORNE (AND OTHERS) AMENDMENT NO. 1849

  Mr. KEMPTHORE (for himself, Mr. McCain, Mr. Smith, Mr. Coats, Mr. 
Craig, Mr. Lott, and Mr. Nickles) proposed an amendment to the bill S. 
2182, supra; as follows:

       On page 219, after line 19, insert the following:
       (d) Purposes for Which Funds Available.--Notwithstanding 
     subsection (g) of section 403 of title 10, United States 
     Code, as added by subsection (b)(1), funds appropriated 
     pursuant to the authorization of appropriations in section 
     301(20) may not be expended for paying assessments for United 
     Nations peacekeeping and peace enforcement operations 
     (including any arrearages under such assessments). The funds 
     so appropriated shall be credited, in equal amounts, to 
     appropriations for the Army, Navy, Air Force, and Marine 
     Corps for fiscal year 1995 for operation and maintenance in 
     order to enhance training and readiness of the Armed Forces 
     and to offset any expenditure of training funds for such 
     fiscal year for incremental costs incurred by the United 
     States for support of peacekeeping operations for such fiscal 
     year.

                          ____________________