[Congressional Record Volume 140, Number 87 (Friday, July 1, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 1, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995

                                 ______


                 GORTON (AND MURRAY) AMENDMENT NO. 2145

  (Ordered to lie on the table.)
  Mr. GORTON (for himself and Mrs. Murray) submitted an amendment 
intended to be proposed by them 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:

       On page 276, line 16, strike out ``$16,470,000'' and insert 
     in lieu thereof ``$26,870,000''.
       On page 313, between lines 16 and 17, insert the following:

     SEC. 2828. LAND CONVEYANCE, NAVAL RESERVE CENTER, SEATTLE, 
                   WASHINGTON.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the City of Seattle, Washington (in this section 
     referred to as the ``City''), all right, title, and interest 
     of the United States in and to a parcel of real property, 
     together with improvements thereon, consisting of 
     approximately 5.09 acres, the location of the Naval Reserve 
     Center, Seattle, Washington.
       (b) Consideration.--(1) As consideration for the conveyance 
     under subsection (a), the City shall pay to the United States 
     an amount equal to the fair market value (as determined by 
     the Secretary) of the portion of the real property to be 
     conveyed under subsection (a) that is described in paragraph 
     (2).
       (2) Paragraph (1) applies to the portion of the parcel of 
     real property referred to in subsection (a) that consists of 
     approximately 3.67 acres and was acquired by the United 
     States from a party other than the City.
       (c) Condition.--The conveyance authorized by subsection (a) 
     shall be subject to the condition that the City accept the 
     real property in its condition at the time of conveyance.
       (d) Requirements Relating to Conveyance.--(1) The Secretary 
     may not make the conveyance authorized by subsection (a) 
     until the commencement of the use by the Navy of a Naval 
     Reserve Center that is a suitable replacement for the Naval 
     Reserve Center located on the property to be conveyed. by the 
     Navy of a Naval Reserve Center that is a suitable 
     replacement for the Naval Reserve Center located on the 
     property to be conveyed.
       (2) The Secretary may not commence construction of a 
     facility to be the replacement facility under paragraph (1) 
     for the Naval Reserve Center until the Secretary completes an 
     environmental impact statement with respect to the 
     construction and operation of the facility to be the 
     replacement facility.
       (e) Payment for Commercial Use.--If at any time after the 
     conveyance under this section the City ceases utilizing the 
     real property conveyed under subsection (a) for public 
     purposes, and uses such real property instead for commercial 
     purposes, the City shall pay to the United States an amount 
     equal to the excess, if any, of--
       (1) an amount equal to the fair market value (as determined 
     by the Secretary) of the real property referred to in 
     subsection (b)(2), and any improvements thereon, at the time 
     the City ceases utilizing the real property for public 
     purposes, over
       (2) the amount determined by the Secretary under subsection 
     (b)(1).
       (f) Use of Proceeds.--(1) The Secretary shall deposit in 
     the special account established under section 204(h)(2) of 
     the Federal Property and Administrative Services Act of 1949 
     (40 U.S.C. 485(h)(2)) the amount received from the City under 
     subsection (b)(1) and the amount, if any, received from the 
     City under subsection (e).
       (2) Notwithstanding subparagraph (A) of such section 
     204(h)(2), the Secretary shall use the entire amount 
     deposited in the account referred to in paragraph (1) for the 
     purposes set forth in subparagraph (B) of such section 
     204(h)(2).
       (g) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under this section 
     shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the City.
       (h) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______


                      DeCONCINI AMENDMENT NO. 2146

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

       At the end of title X, add the following:
            Subtitle __--Investigations of Sexual Misconduct

     SEC. 1081. DIRECTOR OF SPECIAL INVESTIGATIONS.

       (a) Establishment.--Chapter 4 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 143. Director of Special Investigations

       ``(a) Appointment.--There is a Director of Special 
     Investigations who is appointed by the Secretary of Defense 
     from among civilians who have a significant level of 
     experience in criminal investigations. The Director reports 
     directly to the Secretary of Defense.
       ``(b) Senior Executive Service Position.--The position of 
     Director of Special Investigations is a Senior Executive 
     Service position. The Secretary shall designate the position 
     as a career reserved position under section 3132(b) of title 
     5.
       ``(c) Duties.--Subject to the authority, direction, and 
     control of the Secretary of Defense, the Director of Special 
     Investigations shall perform the duties set forth in this 
     section and such other related duties as the Secretary may 
     prescribe.
       ``(d) Data Compilation and Reporting.--(1) The Director 
     shall obtain, compile, store, monitor, and (in accordance 
     with this section) report information on each allegation of 
     sexual misconduct of a member of the armed forces or of a 
     dependent of a member of the armed forces against a member of 
     the armed forces, against a dependent of a member of the 
     armed forces, or against a civilian not a dependent of a 
     member of the armed forces that is received by a member of 
     the armed forces or an officer or employee of the Department 
     of Defense in the official capacity of that member, officer, 
     or employee.
       ``(2) The information compiled pursuant to paragraph (1) 
     shall include the following:
       ``(A) The number of complaints containing an allegation 
     referred to in paragraph (1) that are received as described 
     in that paragraph.
       ``(B) The number of such complaints that are investigated.
       ``(C) In the case of each complaint--
       ``(i) the organization that investigated the complaint (if 
     investigated);
       ``(ii) the disposition of the complaint upon completion or 
     other termination of the investigation; and
       ``(iii) the status or results of any judicial action, 
     nonjudicial disciplinary action, or other adverse action 
     taken.
       ``(D) The number of complaints that were disposed of by 
     formal adjudication in a judicial proceeding, including--
       ``(i) the number disposed of in a court-martial;
       ``(ii) the number disposed of in a court of the United 
     States;
       ``(iii) the number disposed of in a court of a State or 
     territory of the United States or in a court of a political 
     subdivision of a State or territory of the United States;
       ``(iv) the number disposed of by a plea of guilty;
       ``(v) the number disposed of by trial on a contested basis; 
     and
       ``(vi) the number disposed of on any other basis.
       ``(E) The number of complaints that were disposed of by 
     formal adjudication in an administrative proceeding.
       ``(3) The Director shall make the information obtained and 
     compiled under this subsection available to the Secretary of 
     Defense, the Secretaries of the military departments, 
     Congress, any law enforcement agency concerned, and any court 
     concerned.
       ``(e) Direct Investigations.--The Director shall 
     investigate each allegation of sexual misconduct referred to 
     in subsection (d)--
       ``(1) that is made directly, or referred, to the Director, 
     including such an allegation that is made or referred to the 
     Director by--
       ``(A) a commander of a member of the armed forces alleged 
     to have engaged in the sexual misconduct or to have been the 
     victim of the sexual misconduct;
       ``(B) an investigative organization of the Department of 
     Defense; or
       ``(C) a victim of the alleged misconduct who is a member of 
     the armed forces or a dependent of a member of the armed 
     forces; or
       ``(2) that the Secretary directs the Director to 
     investigate.
       ``(f) Oversight and Quality Control of Other 
     Investigations.--(1) The Director shall monitor the conduct 
     of investigations by units, offices, agencies, and other 
     organizations within the Department of Defense regarding 
     allegations of sexual misconduct.
       ``(2) In carrying out paragraph (1), the Director may 
     inspect any investigation conducted or being conducted by any 
     other organization within the Department of Defense, review 
     the records of an investigation, and observe the conduct of 
     an ongoing investigation.
       ``(3) The Director may report to the Secretary on any 
     investigation monitored pursuant to in paragraph (1). The 
     report may include the status of the investigation, an 
     evaluation of the conduct of the investigation, and an 
     evaluation of each investigator and the investigative 
     organization involved in the investigation.
       ``(g) Powers.--In the performance of the duties set forth 
     or authorized in this section, the Director shall have the 
     following powers:
       ``(1) To have access to all records, reports, audits, 
     reviews, documents, papers, recommendations, or other 
     material available in the Department of Defense which relate 
     to the duties of the Director.
       ``(2) To request such information or assistance as may be 
     necessary for carrying out the Director's duties from any 
     Federal, State, or local governmental agency or unit thereof.
       ``(3) To require by subpoena the production of all 
     information, documents, reports, answers, records, accounts, 
     papers, and other data and documentary evidence necessary in 
     the performance of the Director's duties, which subpoena, in 
     the case of contumacy or refusal to obey, shall be 
     enforceable by order of any appropriate United States 
     district court.
       ``(4) To serve subpoenas, summons, and any judicial process 
     related to the performance of any of the Director's duties.
       ``(5) To administer to or take from any person an oath, 
     affirmation, or affidavit whenever necessary in the 
     performance of the Director's duties, which oath, 
     affirmation, or affidavit when administered or taken by or 
     before an employee designated by the Director shall have the 
     same force and effect as if administered or taken by or 
     before an officer having a seal.
       ``(6) To have direct and prompt access to the Secretary of 
     Defense, the Secretary of a military department, and any 
     commander when necessary for any purpose pertaining to the 
     performance of the Director's duties.
       ``(7) To obtain for any victim of sexual misconduct 
     referred to in subsection (d)(1), from any facility of the 
     uniformed services or any other health care facility of the 
     Federal Government or, by contract, from any other source, 
     medical services and counseling and other mental health 
     services appropriate for treating or investigating--
       ``(A) injuries resulting from the sexual misconduct; and
       ``(B) other mental and physiological results of the sexual 
     misconduct.
       ``(h) Referrals for Prosecution.--(1) The Director may 
     refer any case of sexual misconduct described in subsection 
     (d)(1) to--
       ``(A) a United States Attorney, or another appropriate 
     official in the Department of Justice, for prosecution; or
       ``(B) to an appropriate commander within the armed forces 
     for action under chapter 47 of this title (the Uniform Code 
     of Military Justice) or other appropriate action.
       ``(2) The Director shall report each such referral to the 
     Secretary of Defense.
       ``(i) Staff.--(1) The Director shall have--
       ``(A) a staff of investigators who have extensive 
     experience in criminal investigations;
       ``(B) a staff of attorneys sufficient to provide the 
     Director, the criminal investigators, and the Director's 
     other staff personnel with legal counsel necessary for the 
     performance of the duties of the Director;
       ``(C) a staff of counseling referral specialists; and
       ``(D) such other staff as is necessary for the performance 
     of the Director's duties.
       ``(2) To the maximum extent practicable, the staff of the 
     Director shall be generally representative of the population 
     of the United States with regard to race, gender, and 
     cultural diversity.
       ``(j) Reports to Director.--Each member of the armed forces 
     and each officer or employee of the Department of Defense 
     who, in the official capacity of that member, officer, or 
     employee, receives an allegation of sexual misconduct shall 
     submit to the Director a notification of that allegation 
     together with such information as the Director may require 
     for the purpose of carrying out the Director's duties.
       ``(k) Annual Report on Sexual Misconduct.--The Secretary of 
     Defense shall submit to Congress an annual report on the 
     number and disposition of cases of sexual misconduct by 
     members of the armed forces and officers and employees of the 
     Department of Defense.
       ``(l) Definitions.--In this section:
       ``(1) The term `sexual misconduct' includes the following:
       ``(A) Sexual harassment, including any conduct involving 
     sexual harassment that--
       ``(i) in the case of conduct of a person who is subject to 
     the provisions of chapter 47 of this title (the Uniform Code 
     of Military Justice), comprises a violation of a provision of 
     subchapter X of such chapter (relating to the punitive 
     articles of such Code) or an applicable regulation, 
     directive, or guideline regarding sexual harassment that is 
     prescribed by the Secretary of Defense or the Secretary of a 
     military department; and
       ``(ii) in the case of an employee of the Department of 
     Defense or a dependent subject to the jurisdiction of the 
     Secretary of Defense or of the Secretary of a military 
     department, comprises a violation of a regulation, directive, 
     or guideline referred to in clause (i) that is applicable to 
     such employee or dependent.
       ``(B) Rape.
       ``(C) Sexual assault.
       ``(D) Sexual battery.
       ``(2) The term `complaint', with respect to an allegation 
     of sexual misconduct, includes a report of such 
     allegation.''.
       (b) Table of Sections.--The table of sections at the 
     beginning of chapter 4 of such title is amended by adding at 
     the end the following:
``143. Director of Special Investigations.''.

     SEC. 1082. CRIMINAL FAILURE TO REPORT SEXUAL MISCONDUCT.

       (a) Offenses.--Chapter 109A of title 18, United States 
     Code, is amended--
       (1) by redesignating section 2245 as section 2246;
       (2) by inserting after section 2244 the following new 
     section:

     ``Sec.  2245. Failure to report sexual misconduct

       ``(a) Failure To Act on Allegation of Criminal Sexual 
     Misconduct.--An officer or employee of the Department of 
     Defense or a member of the Armed Forces of the United States 
     who, in the official capacity of the officer, employee, or 
     member--
       ``(1) receives an allegation of criminal sexual misconduct 
     of a member of the Armed Forces of the United States or of a 
     dependent of a member of the Armed Forces of the United 
     States against a member of the Armed Forces of the United 
     States, against a dependent of a member of the Armed Forces 
     of the United States, or against a civilian not a dependent 
     of a member of the Armed Forces of the United States;
       ``(2) is required by law to determine whether to initiate 
     an investigation of, or to determine whether to take 
     disciplinary action in the case of, the allegation; and
       ``(3) fails to submit a notification of the allegation to 
     the Director of Special Investigations of the Department of 
     Defense and to the immediate employment supervisor or 
     immediate commander, as the case may be, of the alleged 
     offender,

     shall be imprisoned not more than 10 years, fined under this 
     title, or both.
       ``(b) Failure To Act on Allegation of Civil Sexual 
     Misconduct.--An officer or employee of the Department of 
     Defense or a member of the Armed Forces of the United States 
     who, in the official capacity of the officer, employee, or 
     member--
       ``(1) receives an allegation of civil sexual misconduct of 
     a member of the Armed Forces of the United States or of a 
     dependent of a member of the Armed Forces of the United 
     States against a member of the Armed Forces of the United 
     States, against a dependent of a member of the Armed Forces 
     of the United States, or against a civilian not a dependent 
     of a member of the Armed Forces of the United States;
       ``(2) is required by law to determine whether to initiate 
     an investigation of, or to determine whether to take 
     disciplinary action in the case of, the allegation; and
       ``(3) fails to submit a notification of the allegation to 
     the Director of Special Investigations of the Department of 
     Defense and to the immediate employment supervisor or 
     immediate commander, as the case may be, of the alleged 
     offender,
     shall be imprisoned not more than 1 year, fined under this 
     title, or both.''; and
       (3) in section 2246, as redesignated by paragraph (1)--
       (A) by striking ``and'' at the end of paragraph (2);
       (B) by striking the period at the end of paragraph (5) and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(6) the term `criminal sexual misconduct' means engaging 
     in a sexual act or sexual contact in circumstances such that 
     the act or conduct constitutes a criminal offense under this 
     chapter, other Federal law, or State law; and
       ``(7) the term `civil sexual misconduct' means engaging in 
     a sexual act, sexual conduct, or other activity of a sexual 
     nature in violation of a statute, rule, order, or other 
     lawful authority that prohibits the activity but does not 
     authorize imposition of a sentence of imprisonment for a 
     violation.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by striking the item 
     relating to section 2245 and inserting the following:

``2245. Failure to report sexual misconduct.
``2246. Definitions for chapter.''.

       (c) Conforming Amendment.--Section 506(f)(3)(B) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3756(f)(3)(B)) is amended by striking out ``section 2245(1)'' 
     and inserting in lieu thereof ``section 2246(1)''.

     SEC. 1083. PERSONNEL ADMINISTRATION MATTERS.

       (a) Performance Evaluations and Benefits.--(1) The 
     Secretary of Defense shall prescribe in regulations a 
     requirement that the commitment of an officer or employee of 
     the Department of Defense and a member of the Armed Forces of 
     the United States to the elimination of sexual harassment in 
     the officer's, employee's, or member's place of work or duty 
     and at installations and other facilities of the Department 
     of Defense be one of the factors considered in--
       (A) the preparation of the evaluations of the officer's, 
     employee's, or member's performance of work or duties;
       (B) the determination of the appropriateness of a promotion 
     of the officer, employee, or member; and
       (C) the determination of the appropriateness of selecting 
     the officer, employee, or member to receive a financial award 
     for performance of work or duties.
       (2) The Secretary shall submit to Congress an annual report 
     on the implementation of the regulations required by 
     paragraph (1). The report shall contain an assessment of the 
     effects of the implementation of such regulations on the 
     number, extent, and seriousness of the cases of sexual 
     harassment in the Department of Defense. The annual report 
     under this paragraph shall be separate from the annual report 
     required by section 143(k) of title 10, United States Code, 
     as added by section 1081.
       (b) Eligibility for Promotions and Awards.--The Secretary 
     of Defense and the Secretary of the military department 
     concerned may not approve for presentation of a financial 
     award for performance of work or duties or for promotion any 
     officer or employee of the Department of Defense or any 
     member of the Armed Forces of the United States who--
       (1) has been convicted of a criminal offense involving 
     sexual misconduct; or
       (2) has received any other disciplinary action or adverse 
     personnel action on the basis of having engaged in sexual 
     misconduct.

     SEC. 1084. PROTECTION OF PERSONS REPORTING SEXUAL HARASSMENT.

       (a) Regulations of the Secretary of Defense.--The Secretary 
     of Defense shall prescribe regulations that prohibit officers 
     and employees of the Department of Defense from retaliating 
     or taking any adverse personnel action against any other 
     officer or employee of the Department of Defense or any 
     member of the Armed Forces of the United States for reporting 
     sexual misconduct by an officer or employee of the Department 
     of Defense or a member of the Armed Forces or for providing 
     information in an investigation, disciplinary action, or 
     adverse personnel action in the case of an allegation of 
     sexual misconduct by any other such officer, employee, or 
     member. The regulations shall include sanctions for violation 
     of the regulations.
       (b) Regulations of a Secretary of a Military Department.--
     (1) The Secretary of each military department shall prescribe 
     regulations that prohibit members of the armed force under 
     the jurisdiction of that Secretary from retaliating or taking 
     any adverse personnel action against any officer or employee 
     of the Department of Defense or any member of the Armed 
     Forces of the United States for reporting sexual misconduct 
     by any other officer or employee of the Department of Defense 
     or any other member of the Armed Forces or for providing 
     information in an investigation, disciplinary action, or 
     adverse personnel action in the case of an allegation of 
     sexual misconduct by any other such officer, employee, or 
     member.
       (2) A violation of the regulations prescribed pursuant to 
     paragraph (1) shall be punishable under section 892 of title 
     10, United States Code (article 92 of the Uniform Code of 
     Military Justice).

     SEC. 1085. SEXUAL MISCONDUCT DEFINED.

       In this subtitle, the term ``sexual misconduct'' has the 
     meaning given that term in section 143(l) of title 10, United 
     States Code, as added by section 1081.

                                 ______


                  NUNN (AND OTHERS) AMENDMENT NO. 2147

  Mr. NUNN (for himself, Mrs. Murray, Ms. Moseley-Braun, and Mr. Robb) 
proposed an amendment to amendment No. 2146 proposed by Mr. DeConcini 
to the bill S. 2182, supra; as follows:

       On page 1, strike out everything after ``Subtitle'' down 
     through the end of the amendment and insert in lieu thereof 
     the following:

     SEC.   . DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES ON 
                   DISCRIMINATION AND SEXUAL HARASSMENT.

       (a) Military Department Policies.--(1) Subject to paragraph 
     (2), the Secretary of the Navy and the Secretary of the Air 
     Force shall review and revise the regulations of the 
     Department of the Navy and the Department of the Air Force, 
     respectively, relating to equal opportunity policy and 
     complaint procedures to ensure that such regulations are 
     substantially equivalent to the regulations of the Army on 
     such matters.
       (2) In revising regulations pursuant to paragraph (1), the 
     Secretary of the Navy or the Secretary of the Air Force, as 
     the case may be, may make such additions and modifications as 
     the Secretary of Defense determines appropriate to strengthen 
     the regulations beyond the substantial equivalent of the Army 
     regulations in accordance with--
       (A) the recommendations of the Department of Defense Task 
     Force on Discrimination and Sexual Harassment; and
       (B) the experience of the Army, Navy, Air Force, and Marine 
     Corps regarding equal opportunity cases.
       (3) The Secretary of the Army shall review the regulations 
     of the Department of the Army relating to equal opportunity 
     policy and complaint procedures and revise the regulations as 
     the Secretary of Defense considers appropriate to strengthen 
     the regulations in accordance with the recommendations and 
     experience described in subparagraphs (A) and (B) of 
     paragraph (2).
       (b) Requirements Regarding Report of Task Force on 
     Discrimination and Sexual Harassment.--(1) The Department of 
     Defense Task Force on Discrimination and Sexual Harassment 
     shall transmit the report of the task force to the Secretary 
     of Defense not later than October 1, 1994.
       (2) The Secretary of Defense shall transmit to Congress the 
     report of the task force not later than October 10, 1994.
       (3) Not later than 45 days after receiving the report, the 
     Secretary of Defense shall--
       (A) review the recommendations for action contained in such 
     report;
       (B) determine which recommendations the Secretary approves 
     for implementation and which recommendations the Secretary 
     disapproves; and
       (C) submit to Congress a report that--
       (i) identifies the approved recommendations and the 
     disapproved recommendations; and
       (ii) explains the reasons for each such approval and 
     disapproval.
       (4) The Secretary of Defense shall implement the approved 
     recommendations not later than April 1, 1995.
       (c) The Advisory Board on the investigative capability of 
     the Department of Defense should consider and include in its 
     report--
       (1) whether the Department of Defense should establish a 
     separate unit to oversee all matters related to allegations 
     of discrimination or sexual misconduct in the Department of 
     Defense; and
       (2) whether additional data collection and reporting 
     procedures are needed to enhance the ability at the 
     Department of Defense to deal with sexual misconduct.
       (d) The Secretary of Defense shall ensure that regulations 
     governing consideration of equal opportunity matters in 
     performance evaluations include consideration of an 
     individual's commitment to elimination of discrimination or 
     of sexual harassment.
                                 ______


                NICKLES (AND OTHERS) AMENDMENT NO. 2148

  Mr. NICKLES (for himself, Mr. Thurmond, Mr. Lott, Mr. Mack, Mr. 
McCain, Mr. Coats, Mr. Bennett, Mr. Brown, Mr. Faircloth, Mr. Grassley, 
Mr. Smith, Mr. Simpson and Mr. Bond) proposed an amendment to the bill 
S. 2182, supra; as follows:

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

     SEC. 1068. MILITARY RECRUITING ON CAMPUS.

       (a) Denial of Funds.--(1) No funds available to the 
     Department of Defense may be provided by grant or contract to 
     any institution of higher education that has a policy of 
     denying, or which effectively prevents, the Secretary of 
     Defense from obtaining for military recruiting purposes--
       (A) entry to campuses or access to students on campuses; or
       (B) access to directory information pertaining to students.
       (2) Students referred to in paragraph (1) are individuals 
     who are 17 years of age or older.
       (b) Procedures for Determination.--The Secretary of 
     Defense, in consultation with the Secretary of Education, 
     shall prescribe regulations that contain procedures for 
     determining if and when an educational institution has denied 
     or prevented access to students or information described in 
     subsection (a).
       (c) Definition.--For purposes of this section, the term 
     ``directory information'' means, with respect to a student, 
     the student's name, address, telephone listing, date and 
     place of birth, level of education, degrees received, and the 
     most recent previous educational institution enrolled in by 
     the student.
                                 F_____


                        BROWN AMENDMENT NO. 2149

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

       On page 200, between lines 8 and 9, insert the following:

     SEC. 1017. BURDENSHARING POLICY AND REPORT.

       (a) Policy.--It is the policy of the United States that the 
     North Atlantic Treaty Organization (NATO) allies should 
     assist the United States in paying the incremental cost 
     incurred by the United States for maintaining members of the 
     Armed Forces in assignments to permanent duty ashore in 
     Europe solely for performing United States obligations for 
     support of NATO.
       (b) Implementation.--The President shall take all necessary 
     actions to ensure the effective implementation of the 
     burdensharing policy set forth in subsection (a).
       (c) Report.--The Secretary of Defense shall include in the 
     annual burdensharing report required by section 1002(d) of 
     the Department of Defense Authorization Act, 1985 (22 U.S.C. 
     1928 note) the following matters:
       (1) A specific enumeration and description of the United 
     States military resources and military personnel assigned to 
     permanent duty ashore in Europe primarily in support of NATO 
     and an analysis of the cost of providing and maintaining such 
     resources and personnel in such assignment primarily for that 
     purpose.
       (2) A specific enumeration and description of the United 
     States military resources and military personnel assigned to 
     permanent duty ashore in Europe primarily in support of other 
     United States interests in other regions of the world and an 
     analysis of the cost of providing and maintaining such 
     resources and personnel in such assignment primarily for that 
     purpose.
       (3) A specific enumeration and description of the offsets 
     to United States costs of providing and maintaining United 
     States military resources and military personnel in Europe 
     that the United States has previously received from other 
     NATO member nations, set out by country and by type of 
     assistance, including both ``in-kind'' assistance and direct 
     cash reimbursement, and the projected offsets for the five 
     fiscal years following the fiscal year in which the report is 
     submitted.
       (4) A detailed identification of the costs associated with 
     maintaining United States military personnel in assignments 
     to permanent duty ashore in Europe for NATO and the 
     difference in cost that would result from stationing such 
     personnel at military bases within the United States and 
     continuing to assign to such personnel the mission to perform 
     United States obligations under NATO.
       (5) A comparison of the defense spending by each NATO 
     member country as a percentage of Gross Domestic Product 
     (GDP) beginning in 1985 and the projected future defense 
     spending as a percentage of Gross Domestic Product through 
     2000.
       (6) A review of all actions taken by the United States to 
     ensure the effective implementation of the United States 
     burdensharing policy set forth in subsection (a).
         (d) Incremental Cost Defined.--In this section, the term 
     ``incremental cost'', with respect to maintaining members of 
     the Armed Forces in assignments to permanent duty ashore in 
     Europe, includes the cost of transportation to and from duty 
     stations in Europe, any variation in the cost of housing and 
     food as compared to the cost of housing and food for members 
     of the Armed Forces stationed in the United States, and any 
     additional expenditures associated with infrastructure 
     necessary to support United States forces in Europe.

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