[Congressional Record Volume 141, Number 128 (Thursday, August 3, 1995)]
[Senate]
[Pages S11330-S11335]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                 ______


                 DORGAN (AND OTHERS) AMENDMENT NO. 2087

  Mr. DORGAN (for himself, Mr. Bradley, Mr. Leahy, Mr. Bingaman, Mr. 
Feingold, Mr. Bumpers, Mr. Wellstone, Mr. Exon, Mr. Harkin, Mr. Glenn, 
Mrs. Boxer, Mr. Johnston, and Mr. Conrad) proposed an amendment to the 
bill (S. 1026) to authorize appropriations for fiscal year 1996 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 32, strike out line 14 and insert in lieu thereof 
     the following: ``$9,233,148,000, of which--
       ``(A) not more than $357,900,000 is authorized to implement 
     the national missile defense policy established in Section 
     233(2);''.
                                 ______


                 LEVIN (AND OTHERS) AMENDMENT NO. 2088

  Mr. LEVIN (for himself, Mr. Exon, Mr. Bingaman, Mr. Glenn, Mr. 
Bradley, Mr. Kennedy, Mr. Feingold, Mr. Dorgan, Mr. Wellstone, Mr. 
Biden, Mr. Moynihan, Mr. Harkin, Mr. Jeffords, Mr. Kerrey, Mr. Nunn, 
Mr. Daschle, Mr. Kerry, Mr. Lautenberg, and Mr. Pell) proposed an 
amendment to the bill S. 1026, supra; as follows:

       On page 52, strike out lines 20 through 25.
       On page 62, strike out lines 8 through 11.
       Beginning on page 63, strike out line 11 and all that 
     follows through page 65, line 24.
                                 ______


                        COHEN AMENDMENT NO. 2089

  Mr. COHEN proposed an amendment to the bill S. 1026, supra; as 
follows:

       At the appropriate place in the bill insert the following:
       (a) Findings.--Congress makes the following findings:
       (1) The proliferation of weapons of mass destruction and 
     ballistic missiles of all ranges is a global problem that is 
     becoming increasingly threatening to the United States, its 
     troops and citizens abroad, and its allies.
       (2) Articles XIII of the ABM Treaty envisions ``possible 
     changes in the strategic situation which have a bearing on 
     the provisions of this Treaty''.
       (3) Articles XIII and XIV of the ABM Treaty establish means 
     for the Parties to amend the Treaty, and the Parties have 
     employed these means to amend the Treaty.
       (4) Article X V of the ABM Treaty establishes means for a 
     party to withdraw from the Treaty, upon 6 months notice, ``if 
     it decides that extraordinary events related to the subject 
     matter of this Treaty have jeopardized its supreme 
     interests.''.
       (b) Sense of Congress.--Given the fundamental 
     responsibility of the Government of the United States to 
     protect the security of the United States, the increasingly 
     serious threat posed to the United States by the 
     proliferation of weapons of mass destruction and ballistic 
     missile technology, and the effect this threat could have in 
     constraining the options of the United States to act in time 
     of crisis, it is the sense of Congress that--
       (1) it is in the supreme interest of the United States to 
     defend itself from the threat of limited ballistic missile 
     attack, whatever its source;
       (2) the deployment of a multiple site ground-based national 
     missile defense system to protect against limited ballistic 
     missile attack can strengthen strategic stability and 
     deterrence;
       (3) the policies, programs, and requirements of subtitle C 
     of title II of this Act can be accomplished through processes 
     specified within, or consistent with, the ABM Treaty, which 
     anticipates the need and provides the means for amendment to 
     the Treasury;
       (4) the President is urged to initiate negotiations with 
     the Russian Federation to amend the ABM Treaty as necessary 
     to provide for the national missile defense systems specified 
     in section 235 to protect the United States from limited 
     ballistic missile attack; and
       (5) if these negotiations fail, the President is urged to 
     consult with the Senate about the option of withdrawing the 
     United States from the ABM Treaty in accordance with the 
     provisions of Article XV of the Treaty.
                                 ______


                 McCAIN (AND OTHERS) AMENDMENT NO. 2090

  Mr. McCAIN (for himself, Mr. Roth, Mr. Feingold, and Mr. Grams) 
proposed an amendment to the bill S. 1026, supra; as follows:

       On page 30, after the matter following line 24, insert the 
     following:

     SEC. 125. SSN-23 SEAWOLF CLASS ATTACK SUBMARINE.

       (a) Deletion of Funding.--Notwithstanding any other 
     provision of this Act, the total amount of the funds 
     authorized under section 120(a)(3) for the Navy for fiscal 
     year 1996 for shipbuilding and conversion is reduced by 
     $1,507,477,000.
       (b) Prohibition.--(1) Notwithstanding any other provision 
     of this Act, funds available for the Department of Defense 
     for fiscal year 1996 and, except as provided in paragraph 

[[Page S 11331]]
     (2)(B), funds available for the Department of Defense for any preceding 
     fiscal year may not be obligated or expended for procurement 
     of a third SSN-21 Seawolf class attack submarine or for 
     advance procurement for such submarines.
       (2)(A) Funds available for the Department of Defense for 
     fiscal year 1996 may not be used for paying costs incurred 
     for termination of any contract for procurement of a third 
     SSN-21 Seawolf class attack submarine, including any contract 
     for advance procurement for such submarine.
       (B) Only the funds available for the Department of Defense 
     for fiscal years before fiscal year 1996 for procurement of 
     an SSN-23 Seawolf attack submarine may, to the extent 
     provided in appropriations Acts, be used for paying costs 
     described in subparagraph (A).
                                 ______


                       McCAIN AMENDMENT NO. 2091

  Mr. McCAIN proposed an amendment to the bill S. 1026, supra; as 
follows:

       On page 30, after the matter following line 24, insert the 
     following:

     SEC. 125. SEAWOLF SUBMARINE PROGRAM.

       (a) Limitation of Costs.--Except as provided in subsection 
     (b), the total amount obligated or expended for procurement 
     of the SSN-21, SSN-22, and SSN-23 Seawolf class submarines 
     may not exceed $7,187,800,000.
       (b) Automatic Increase of Limitation Amount.--The amount of 
     the limitation set forth in subsection (a) is increased after 
     fiscal year 1995 by the following amounts:
       (1) The amounts of outfitting costs and postdelivery costs 
     incurred for the submarines referred to in such subsection.
       (2) The amounts of increases in costs attributable to 
     economic inflation after fiscal year 1995.
       (3) The amounts of increases in costs attributable to 
     compliance with changes in Federal, State, or local laws 
     enacted after fiscal year 1995.
                                 ______


                        DODD AMENDMENT NO. 2092

  Mr. DODD proposed an amendment to amendment No. 2091 proposed by Mr. 
McCain to the bill S. 1026, supra; as follows:

       On page 1, line 7, strike out ``$7,187,800,000'' and insert 
     in lieu thereof ``$7,223,659,000''.
                                 ______


                      FAIRCLOTH AMENDMENT NO. 2093

  (Ordered to lie on the table.)
  Mr. FAIRCLOTH submitted an amendment intended to be proposed by him 
to the bill S. 1026, supra; as follows:

       Beginning on page 110 strike line 20 and all that follows 
     through page 114, line 6.
                                 ______


                BUMPERS (AND OTHERS) AMENDMENT NO. 2094

  Mr. BUMPERS (for himself, Mr. Feingold, Mr. Simon, Mrs. Boxer, Mr. 
Hatfield, and Mr. Dorgan) proposed an amendment to the bill S. 1026, 
supra; as follows:

       Strike line 1 on page 353 through line 16 on page 357.
                                 ______


                 CHAFEE (AND WARNER) AMENDMENT NO. 2095

  Mr. WARNER (for Mr. Chafee, for himself and Mr. Warner) proposed an 
amendment to the bill S. 1026, supra; as follows:

       Beginning on page 78, strike line 21 and all that follows 
     through page 87, line 20, and insert the following:

     SEC. 322. DISCHARGES FROM VESSELS OF THE ARMED FORCES.

       (a) Purposes.--The purposes of this section are to--
       (1) enhance the operational flexibility of vessels of the 
     Armed Forces domestically and internationally;
       (2) stimulate the development of innovative vessel 
     pollution control technology; and
       (3) advance the development by the United States Navy of 
     environmentally sound ships.
       (b) Uniform National Discharge Standards Development.--
     Section 312 of the Federal Water Pollution Control Act (33 
     U.S.C. 1322) is amended by adding at the end the following:
       ``(n) Uniform National Discharge Standards for Vessels of 
     the Armed Forces.--
       ``(1) Applicability.--This subsection shall apply to 
     vessels of the Armed Forces and discharges, other than 
     sewage, incidental to the normal operation of a vessel of the 
     Armed Forces, unless the Secretary of Defense finds that 
     compliance with this subsection would not be in the national 
     security interests of the United States.
       ``(2) Determination of discharges required to be controlled 
     by marine pollution control devices.--
       ``(A) In general.--The Administrator and the Secretary of 
     Defense, after consultation with the Secretary of the 
     department in which the Coast Guard is operating, the 
     Secretary of Commerce, and interested States, shall jointly 
     determine the discharges incidental to the normal operation 
     of a vessel of the Armed Forces for which it is reasonable 
     and practicable to require use of a marine pollution control 
     device to mitigate adverse impacts on the marine environment. 
     Notwithstanding subsection (a)(1) of section 553 of title 5, 
     United States Code, the Administrator and the Secretary of 
     Defense shall promulgate the determinations in accordance 
     with the section.
       ``(B) Considerations.--In making a determination under 
     subparagraph (A), the Administrator and the Secretary of 
     Defense shall take into consideration--
       ``(i) the nature of the discharge;
       ``(ii) the environmental effects of the discharge;
       ``(iii) the practicability of using the marine pollution 
     control device;
       ``(iv) the effect that installation or use of the marine 
     pollution control device would have on the operation or 
     operational capability of the vessel;
       ``(v) applicable United States law;
       ``(vi) applicable international standards; and
       ``(vii) the economic costs of the installation and use of 
     the marine pollution control device.
       ``(3) Performance standards for marine pollution control 
     devices.--
       ``(A) In general.--For each discharge for which a marine 
     pollution control device is determined to be required under 
     paragraph (2), the Administrator and the Secretary of 
     Defense, in consultation with the Secretary of the department 
     in which the Coast Guard is operating, the Secretary of 
     State, the Secretary of Commerce, other interested Federal 
     agencies, and interested States, shall jointly promulgate 
     Federal standards of performance for each marine pollution 
     control device required with respect to the discharge. 
     Notwithstanding subsection (a)(1) of section 553 of title 5, 
     United States Code, the Administrator and the Secretary of 
     Defense shall promulgate the standards in accordance with the 
     section.
       ``(B) Considerations.--In promulgating standards under this 
     paragraph, the Administrator and the Secretary of Defense 
     shall take into consideration the matters set forth in 
     paragraph (2)(B).
       ``(C) Classes, types, and sizes of vessels.--The standards 
     promulgated under this paragraph may--
       ``(i) distinguish among classes, types, and sizes of 
     vessels;
       ``(ii) distinguish between new and existing vessels; and
       ``(iii) provide for a waiver of the applicability of the 
     standards as necessary or appropriate to a particular class, 
     type, age, or size of vessel.
       ``(4) Regulations for use of marine pollution control 
     devices.--The Secretary of Defense, after consultation with 
     the Administrator and the Secretary of the department in 
     which the Coast Guard is operating, shall promulgate such 
     regulations governing the design, construction, installation, 
     and use of marine pollution control devices on board vessels 
     of the Armed Forces as are necessary to achieve the standards 
     promulgated under paragraph (3).
       ``(5) Deadlines; effective date.--
       ``(A) Determinations.--The Administrator and the Secretary 
     of Defense shall--
       ``(i) make the initial determinations under paragraph (2) 
     not later than 2 years after the date of enactment of this 
     subsection; and
       ``(ii) every 5 years--

       ``(I) review the determinations; and
       ``(II) if necessary, revise the determinations based on 
     significant new information.

       ``(B) Standards.--The Administrator and the Secretary of 
     Defense shall--
       ``(i) promulgate standards of performance for a marine 
     pollution control device under paragraph (3) not later than 2 
     years after the date of a determination under paragraph (2) 
     that the marine pollution control device is required; and
       ``(ii) every 5 years--

       ``(I) review the standards; and
       ``(II) if necessary, revise the standards, consistent with 
     paragraph (3)(B) and based on significant new information.

       ``(C) Regulations.--The Secretary of Defense shall 
     promulgate regulations with respect to a marine pollution 
     control device under paragraph (4) as soon as practicable 
     after the Administrator and the Secretary of Defense 
     promulgate standards with respect to the device under 
     paragraph (3), but not later than 1 year after the 
     Administrator and the Secretary of Defense promulgate the 
     standards. The regulations promulgated by the Secretary of 
     Defense under paragraph (4) shall become effective upon 
     promulgation unless another effective date is specified in 
     the regulations.
       ``(D) Petition for review.--The Governor of any State may 
     submit a petition requesting that the Secretary of Defense 
     and the Administrator review a determination under paragraph 
     (2) or a standard under paragraph (3), if there is 
     significant new information, not considered previously, that 
     could reasonably result in a change to the particular 
     determination or standard after consideration of the matters 
     set forth in paragraph (2)(B). The petition shall be 
     accompanied by the scientific and technical information on 
     which the petition is based. The Administrator and the 
     Secretary of Defense shall grant or deny the petition not 
     later than 2 years after the date of receipt of the petition.
       ``(6) Effect on other laws.--
       ``(A) Prohibition on regulation by states or political 
     subdivisions of states.--Beginning on the effective date of--
       ``(i) a determination under paragraph (2) that it is not 
     reasonable and practicable to 

[[Page S 11332]]
     require use of a marine pollution control device regarding a particular 
     discharge incidental to the normal operation of a vessel of 
     the Armed Forces; or
       ``(ii) regulations promulgated by the Secretary of Defense 
     under paragraph (4);
     except as provided in paragraph (7), neither a State nor a 
     political subdivision of a State may adopt or enforce any 
     statute or regulation of the State or political subdivision 
     with respect to the discharge or the design, construction, 
     installation, or use of any marine pollution control device 
     required to control the discharge.
       ``(B) Federal laws.--This subsection shall not affect the 
     application of section 311 to discharges incidental to the 
     normal operation of a vessel.
       ``(7) Establishment of state no-discharge zones.--
       ``(A) State prohibition.--
       ``(i) In general.--After the effective date of--

       ``(I) a determination under paragraph (2) that it is not 
     reasonable and practicable to require use of a marine 
     pollution control device regarding a particular discharge 
     incidental to the normal operation of a vessel of the Armed 
     Forces; or
       ``(II) regulations promulgated by the Secretary of Defense 
     under paragraph (4);

     if a State determines that the protection and enhancement of 
     the quality of some or all of the waters within the State 
     require greater environmental protection, the State may 
     prohibit 1 or more discharges incidental to the normal 
     operation of a vessel, whether treated or not treated, into 
     the waters. No prohibition shall apply until the 
     Administrator makes the determinations described in 
     subclauses (II) and (III) of subparagraph (B)(i).
       ``(ii) Documentation.--To the extent that a prohibition 
     under this paragraph would apply to vessels of the Armed 
     Forces and not to other types of vessels, the State shall 
     document the technical or environmental basis for the 
     distinction.
       ``(B) Prohibition by the administrator.--
       ``(i) In general.--Upon application of a State, the 
     Administrator shall by regulation prohibit the discharge from 
     a vessel of 1 or more discharges incidental to the normal 
     operation of a vessel, whether treated or not treated, into 
     the waters covered by the application if the Administrator 
     determines that--

       ``(I) the protection and enhancement of the quality of the 
     specified waters within the State require a prohibition of 
     the discharge into the waters;
       ``(II) adequate facilities for the safe and sanitary 
     removal of the discharge incidental to the normal operation 
     of a vessel are reasonably available for the waters to which 
     the prohibition would apply; and
       ``(III) the prohibition will not have the effect of 
     discriminating against a vessel of the Armed Forces by reason 
     of the ownership or operation by the Federal Government, or 
     the military function, of the vessel.

       ``(ii) Approval or disapproval.--The Administrator shall 
     approve or disapprove an application submitted under clause 
     (i) not later than 90 days after the date on which the 
     application is submitted to the Administrator. 
     Notwithstanding clause (i)(II), the Administrator shall not 
     disapprove an application for the sole reason that there are 
     not adequate facilities to remove any discharge incidental to 
     the normal operation of a vessel from vessels of the Armed 
     Forces.
       ``(C) Applicability to foreign flagged vessels.--A 
     prohibition under this paragraph--
       ``(i) shall not impose any design, construction, manning, 
     or equipment standard on a foreign flagged vessel engaged in 
     innocent passage unless the prohibition implements a 
     generally accepted international rule or standard; and
       ``(ii) that relates to the prevention, reduction, and 
     control of pollution shall not apply to a foreign flagged 
     vessel engaged in transit passage unless the prohibition 
     implements an applicable international regulation regarding 
     the discharge of oil, oily waste, or any other noxious 
     substance into the waters.
       ``(8) Prohibition relating to vessels of the armed 
     forces.--After the effective date of the regulations 
     promulgated by the Secretary of Defense under paragraph (4), 
     it shall be unlawful for any vessel of the Armed Forces 
     subject to the regulations to--
       ``(A) operate in the navigable waters of the United States 
     or the waters of the contiguous zone, if the vessel is not 
     equipped with any required marine pollution control device 
     meeting standards established under this subsection; or
       ``(B) discharge overboard any discharge incidental to the 
     normal operation of a vessel in waters with respect to which 
     a prohibition on the discharge has been established under 
     paragraph (7).
       ``(9) Enforcement.--This subsection shall be enforceable, 
     as provided in subsections (j) and (k), against any agency of 
     the United States responsible for vessels of the Armed Forces 
     notwithstanding any immunity asserted by the agency.''.
       (c) Conforming Amendments.--
       (1) Definitions.--Section 312(a) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1322(a)) is amended--
       (A) in paragraph (8)--
       (i) by striking ``or''; and
       (ii) by inserting ``or agency of the United States'' after 
     ``association,'';
       (B) in paragraph (11), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(12) `discharge incidental to the normal operation of a 
     vessel'--
       ``(A) means a discharge, including--
       ``(i) graywater, bilge water, cooling water, weather deck 
     runoff, ballast water, oil water separator effluent, and any 
     other pollutant discharge from the operation of a marine 
     propulsion system, shipboard maneuvering system, crew 
     habitability system, or installed major equipment, such as an 
     aircraft carrier elevator or a catapult, or from a 
     protective, preservative, or absorptive application to the 
     hull of the vessel; and
       ``(ii) a discharge in connection with the testing, 
     maintenance, and repair of a system described in clause (i) 
     whenever the vessel is waterborne; and
       ``(B) does not include--
       ``(i) a discharge of rubbish, trash, garbage, or other such 
     material discharged overboard;
       ``(ii) an air emission resulting from the operation of a 
     vessel propulsion system, motor driven equipment, or 
     incinerator; or
       ``(iii) a discharge that is not covered by part 122.3 of 
     title 40, Code of Federal Regulations (as in effect on the 
     date of enactment of subsection (n));
       ``(13) `marine pollution control device' means any 
     equipment or management practice, for installation or use on 
     board a vessel of the Armed Forces, that is--
       ``(A) designed to receive, retain, treat, control, or 
     discharge a discharge incidental to the normal operation of a 
     vessel; and
       ``(B) determined by the Administrator and the Secretary of 
     Defense to be the most effective equipment or management 
     practice to reduce the environmental impacts of the discharge 
     consistent with the considerations set forth in subsection 
     (n)(2)(B); and
       ``(14) `vessel of the Armed Forces' means--
       ``(A) any vessel owned or operated by the Department of 
     Defense, other than a time or voyage chartered vessel; and
       ``(B) any vessel owned or operated by the Department of 
     Transportation that is designated by the Secretary of the 
     department in which the Coast Guard is operating as a vessel 
     equivalent to a vessel described in subparagraph (A).''.
       (2) Enforcement.--The first sentence of section 312(j) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1322(j)) 
     is amended--
       (A) by striking ``of this section or'' and inserting a 
     comma; and
       (B) by striking ``of this section shall'' and inserting ``, 
     or subsection (n)(8) shall''.
       (3) Other definitions.--Subparagraph (A) of the second 
     sentence of section 502(6) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1362(6)) is amended by striking `` 
     `sewage from vessels' '' and inserting ``sewage from vessels 
     or a discharge incidental to the normal operation of a vessel 
     of the Armed Forces''.
       (d) Cooperation in Standards Development.--The 
     Administrator of the Environmental Protection Agency and the 
     Secretary of Defense may, by mutual agreement, with or 
     without reimbursement, provide for the use of information, 
     reports, personnel, or other resources of the Environmental 
     Protection Agency or the Department of Defense to carry out 
     section 312(n) of the Federal Water Pollution Control Act (as 
     added by subsection (b)), including the use of the resources 
     to--
       (1) determine--
       (A) the nature and environmental effect of discharges 
     incidental to the normal operation of a vessel of the Armed 
     Forces;
       (B) the practicability of using marine pollution control 
     devices on vessels of the Armed Forces; and
       (C) the effect that installation or use of marine pollution 
     control devices on vessels of the Armed Forces would have on 
     the operation or operational capability of the vessels; and
       (2) establish performance standards for marine pollution 
     control devices on vessels of the Armed Forces.
                                 ______


                 PRYOR (AND OTHERS) AMENDMENT NO. 2096

  Mr. NUNN (for Mr. Pryor for himself, Mrs. Feinstein, and Mr. Robb) 
proposed an amendment to the bill S. 1026, supra; as follows:

       On page 137, after line 24, add the following:

     SEC. 389. FUNDING FOR TROOPS TO TEACHERS PROGRAM AND TROOPS 
                   TO COPS PROGRAM.

       (a) Funding.--Of the amount authorized to be appropriated 
     under section 431--
       (1), $42,000,000 shall be available for the Troops-to-
     Teachers program; and
       (2) $10,000,000 shall be available for the Troops-to-Cops 
     program.
       (b) Definition.--In this section:
       (1) The term ``Troops-to-Cops program'' means the program 
     of assistance to separated members and former members of the 
     Armed Forces to obtain employment with law enforcement 
     agencies established, or carried out, under section 1152 of 
     title 10, United States Code.
       (2) The term ``Troops-to-Teachers program'' means the 
     program of assistance to separated members of the Armed 
     Forces to obtain certification and employment as teachers or 
     employment as teachers' aides established under section 1151 
     of such title.
                                 ______

                                 
[[Page S 11333]]


                        DOLE AMENDMENT NO. 2097

  Mr. WARNER (for Mr. Dole) proposed an amendment to the bill S. 1026, 
supra; as follows:

       On page 314, between lines 11 and 12, insert the following:

     SEC. 823. PRESERVATION OF AMMUNITION INDUSTRIAL BASE.

       (a) Review of Ammunition Procurement and Management 
     Programs.--(1) Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense shall 
     commence a review of the ammunition procurement and 
     management programs of the Department of Defense, including 
     the planning for, budgeting for, administration, and carrying 
     out of such programs.
       (2) The review under paragraph (1) shall include an 
     assessment of the following matters:
       (A) The practicability and desirability of using 
     centralized procurement practices to procure all ammunition 
     required by the Armed Forces.
       (B) The capability of the ammunition production facilities 
     of the United States to meet the ammunition requirements of 
     the Armed Forces.
       (C) The practicability and desirability of privatizing such 
     ammunition production facilities.
       (D) The practicability and desirability of using integrated 
     budget planning among the Armed Forces for the procurement of 
     ammunition.
       (E) The practicability and desirability of establishing an 
     advocate within the Department of Defense for ammunition 
     industrial base matters who shall be responsible for--
       (i) establishing the quantity and price of ammunition 
     procured by the Armed Forces; and
       (ii) establishing and implementing policy to ensure the 
     continuing viability of the ammunition industrial base in the 
     United States.
                                 ______


                      THURMOND AMENDMENT NO. 2098

  Mr. WARNER (for Mr. Thurmond) proposed an amendment to the bill S. 
1026, supra; as follows:

       On page 328, line 19, strike out ``1994'' and insert in 
     lieu thereof ``1995''.
       On page 329, line 18, strike out ``1993'' and insert in 
     lieu thereof ``1995''.
                                 ______


                        AKAKA AMENDMENT NO. 2099

  Mr. NUNN (for Mr. Akaka) proposed an amendment to the bill S. 1026, 
supra; as follows:

       Beginning on page 204, strike out line 8 and all that 
     follows through page 206, line 4, and insert in lieu thereof 
     the following:

     SEC. 543. MILITARY INTELLIGENCE PERSONNEL PREVENTED BY 
                   SECRECY FROM BEING CONSIDERED FOR DECORATIONS 
                   AND AWARDS.

       (a) Waiver on Restrictions of Awards.--(1) Notwithstanding 
     any other provision of law, the President, the Secretary of 
     Defense, or the Secretary of the military department 
     concerned may award a decoration to any person for an act, 
     achievement, or service that the person performed in carrying 
     out military intelligence duties during the period January 1, 
     1940, through December 31, 1990.
       (2) Paragraph (1) applies to any decoration (including any 
     device in lieu of a decoration) that, during or after the 
     period described in paragraph (1) and before the date of the 
     enactment of this Act, was authorized by law or under the 
     regulations of the Department of Defense or the military 
     department concerned to be awarded to a person for an act, 
     achievement, or service performed by that person while 
     serving on active duty.
       (b) Review of Award Recommendations.--(1) The Secretary of 
     each military department shall review all recommendations for 
     awards of decorations for acts, achievements, or service 
     described in subsection (a)(1) that have been received by the 
     Secretary during the period of the review.
       (2) The Secretary shall begin the review within 30 days 
     after the date of the enactment of this Act and shall 
     complete the review within one year after such date.
       (3) The Secretary may use the same process for carrying out 
     the review as the Secretary uses for reviewing
      other recommendations for awarding decorations to members of 
     the armed force or armed forces under the Secretary's 
     jurisdiction for acts, achievements, or service.
       (4) The Secretary may reject a recommendation if the 
     Secretary determines that there is a justifiable basis for 
     concluding that the recommendation is specious.
       (5) The Secretary shall take reasonable actions to 
     publicize widely the opportunity to recommend awards of 
     decorations under this section.
       (6)(A) Upon completing the review, the Secretary shall 
     submit a report on the review to the Committee on Armed 
     Services of the Senate and the Committee on National Security 
     of the House of Representatives.
       (B) The report shall contain the following information on 
     each recommendation for an award reviewed:
       (i) A summary of the recommendation.
       (ii) The findings resulting from the review.
       (iii) The final action taken on the recommendation.
       (iv) Administrative or legislative recommendations to 
     improve award procedures with respect to military 
     intelligence personnel.
       (c) Definition.--In this section, the term ``active duty'' 
     has the meaning given such term in section 101(d)(1) of title 
     10, United States Code.
                                 ______


                        AKAKA AMENDMENT NO. 2100

  Mr. NUNN (for Mr. Akaka) proposed an amendment to the bill S. 1026, 
supra; as follows:

       On page 206, between lines 4 and 5, insert the following:

     SEC. 544. REVIEW REGARDING AWARDS OF DISTINGUISHED-SERVICE 
                   CROSS TO ASIAN-AMERICANS AND PACIFIC ISLANDERS 
                   FOR CERTAIN WORLD WAR II SERVICE.

       (a) Review Required.--The Secretary of the Army shall--
       (1) review the records relating to the award of the 
     Distinguished-Service Cross to Asian-Americans and Native 
     American Pacific Islanders for service as members of the Army 
     during World War II in order to determine whether the award 
     should be upgraded to the Medal of Honor; and
       (2) submit to the President a recommendation that the 
     President award a Medal of Honor to each such person for whom 
     the Secretary determines an upgrade to be appropriate.
       (b) Waiver of Time Limitations.--The President is 
     authorized to award a Medal of Honor to any person referred 
     to in subsection (a) in accordance with a recommendation of 
     the Secretary of the Army submitted under that subsection. 
     The following restrictions do not apply in the case of any 
     such person:
       (1) Sections 3744 and 8744 of title 10, United States Code.
       (2) Any regulation or other administrative restriction on--
       (A) the time for awarding a Medal of Honor: or
       (B) the awarding of a Medal of Honor for service for which 
     a Distinguished-Service Cross has been awarded.
       (c) Definitions.--In this section:
       (1) The term ``Native American Pacific Islander'' means a 
     Native Hawaiian and any other Native American Pacific 
     Islander within the meaning of the Native American Programs 
     Act of 1974 (42 U.S.C. 2991 et seq.).
       (2) The term ``World War II'' has the meaning given that 
     term in section 101(8) of title 38, United States Code.
                                 ______


                        COATS AMENDMENT NO. 2101

  Mr. WARNER (for Mr. Coats) proposed an amendment to the bill S. 1026, 
supra; as follows:

       Beginning on page 290, strike out line 12 and all that 
     follows through page 291, line 14, and insert in lieu thereof 
     the following:

     SEC. 723. APPLICABILITY OF CHAMPUS PAYMENT RULES IN CERTAIN 
                   CASES

       Section 1074 of title 10, United States Code, is amended by 
     adding at the end the following:
       ``(d)(1) The Secretary of Defense, after consultation with 
     the other administering Secretaries, may by regulation 
     require a private CHAMPUS provider to apply the CHAMPUS 
     payment rules (subject to any modifications considered 
     appropriate by the Secretary) in imposing charges for health 
     care that the provider provides outside the catchment area of 
     a Uniformed Services Treatment Facility to a member of the 
     uniformed services who is enrolled in a health care plan of 
     the Uniformed Services Treatment Facility.
       ``(2) In this subsection:
       ``(A) The term `private CHAMPUS provider' means a private 
     facility or health care provider that is a health care 
     provider under the Civilian Health and Medical Program of the 
     Uniformed Services.
       ``(B) The term `CHAMPUS payment rules' means the payment 
     rules referred to in subsection (c).
       ``(C) The term `Uniformed Services Treatment Facility' 
     means a facility deemed to be a facility of the uniformed 
     services under section 911(a) of the Military Construction 
     Authorization Act, 1982 (42 U.S.C. 248c(a)).''.
                                 ______


                        COATS AMENDMENT NO. 2102

  Mr. WARNER (for Mr. Coats) proposed an amendment to the bill S. 1026, 
supra; as follows:

       On page 285, line 14, strike out ``January 1, 1995'' and 
     insert in lieu thereof ``October 1, 1995''.
                                 ______


                NICKLES (AND INHOFE) AMENDMENT NO. 2103

  Mr. WARNER (for Mr. Nickles, for himself and Mr. Inhofe) proposed an 
amendment to the bill S. 1026, supra; as follows:

       On page 76, insert the following after line 4:
       ``(f) Review by the General Accounting Office.--(1) The 
     Secretary shall make available to the Comptroller General of 
     the United States all information used by the Department in 
     developing the policy under subsections (a) through (d) of 
     this section.
       ``(2) Not later than 45 days after the Secretary submits to 
     Congress the report required by subsection (a), the 
     Comptroller General shall transmit to Congress a report 
     containing a detailed analysis of the Secretary's proposed 
     policy as reported under subsection (a).''
                                 ______

                                 
[[Page S 11334]]


                 McCAIN (AND OTHERS) AMENDMENT NO. 2104

  Mr. WARNER (for Mr. McCain, for himself, Mr. Campbell, Mr. Brown, and 
Mr. Bingaman) proposed an amendment to the bill S. 1026, supra; as 
follows:

       On page 572, line 19, strike out ``three months'' and 
     insert in lieu thereof ``five months''.
       On page 573, line 11, strike out ``fair market''.
       On page 574, beginning on line 9, strike out ``In setting 
     that price, the Secretary, in consultation with the Director, 
     may consider'' and insert in lieu thereof ``The Secretary may 
     not set the minimum acceptable price below''.
       On page 574, at the end of line 19, insert the following: 
     ``Notwithstanding section 7433(b) of this title, costs and 
     fees of retaining the investment banker shall be paid out of 
     the proceeds of the sale of the reserve.''.
       On page 574, line 22, insert ``or contracts'' after 
     ``contract''.
       On page 575, line 3, insert ``or contracts'' after 
     ``contract''.
       On page 575, line 11, insert ``or contracts'' after 
     ``contract''.
       On page 575, line 17, insert ``or contracts'' after 
     ``contract''.
       On page 576, line 11, by inserting ``or purchasers (as the 
     case may be)'' after ``purchaser''.
       On page 578, line 17, by inserting ``or purchasers (as the 
     case may be)'' after ``purchaser''.
       On page 579, line 4, strike out ``a contract'' and insert 
     in lieu thereof ``any contract''.
       On page 579, line 12, insert after ``reserve'' the 
     following: ``or any subcomponent thereof''.
       On page 579, line 16, insert ``or parcel'' after 
     ``reserve''.
       On page 584, strike out line 11, and insert in lieu thereof 
     the following:
     the committees.
       ``(m) Oversight.--The Comptroller General shall monitor the 
     actions of the Secretary relating to the sale of the reserve 
     and report to the Committee on Armed Services of the Senate 
     and the Committee on National security of the House of 
     Representatives any findings on such actions that the 
     Comptroller General considers appropriate to report to such 
     committees.
       ``(n) Acquisition of Services.--The Secretary may enter 
     into contracts for the acquisition of services required under 
     this section under the authority of paragraph (7) of section 
     303(c) of the Federal Property and Administrative Services 
     Act of 1949 (41 U.S.C. 253(c)), except that the notification 
     required under subparagraph (B) of such paragraph for each 
     contract shall be submitted to Congress not less than 7 days 
     before the award of the contract.
       ``(o) Reconsideration of Process of Sale.--(1) If during 
     the course of the sale of the reserve the Secretary of Energy 
     and the Director of the Office of Management and Budget 
     jointly determine that--
       ``(A) the sale is proceeding in a manner inconsistent with 
     achievement of a sale price that reflects the full value of 
     the reserve, or
       ``(B) a course of action other than the immediate sale of 
     the reserve is in the best interests of the United States,

     the Secretary shall submit a notification of the 
     determination to the Committee on Armed Services of the 
     Senate and the Committees on National Security and on 
     Commerce of the House of Representatives.
       ``(2) After the Secretary submits a notification under 
     paragraph (1), the Secretary may not complete the sale the 
     reserve under this section unless there is enacted a joint 
     resolution--
       ``(A) that is introduced after the date on which the 
     notification is received by the committees referred to in 
     such paragraph;
       ``(B) that does not have a preamble;
       ``(C) the matter after the resolving clause of which reads 
     only as follows: `That the Secretary of Energy shall proceed 
     with activities to sell Naval Petroleum Reserve Numbered 1 in 
     accordance with section 7421a of title 10, United States 
     Code, notwithstanding the determination set forth in the 
     notification submitted to Congress by the Secretary of Energy 
     on ____________.' (the blank space being filled in with the 
     appropriate date); and
       ``(D) the title of which is as follows: `Joint resolution 
     approving continuation of actions to sell Naval Petroleum 
     Reserve Numbered 1'.
       ``(3) Subsection (k), except for paragraph (1) of such 
     subsection, shall apply to the joint resolution described in 
     paragraph (2).''.
       On page 584, strike out line 20 and all that follows 
     through page 586, line 12, and insert in lieu thereof the 
     following:

     SEC. 3302. FUTURE OF NAVAL PETROLEUM RESERVES (OTHER THAN 
                   NAVAL PETROLEUM RESERVE NUMBERED 1).

       (a) Study of Future of Petroleum Reserves.--(1) The 
     Secretary of Energy shall conduct a study to determine which 
     of the following options, or combination of options, would 
     maximize the value of the naval petroleum reserves to or for 
     the United States:
       (A) Transfer of all or a part of the naval petroleum 
     reserves to the jurisdiction of the Department of the 
     Interior for leasing in accordance with the Mineral Leasing 
     Act (30 U.S.C. 181 et seq.) and surface management in 
     accordance with the Federal Land Policy and Management Act 
     (43 U.S.C. 1701 et seq.).
       (B) Lease of the naval petroleum reserves consistent with 
     the provisions of such Acts.
       (C) Sale of the interest of the United States in the naval 
     petroleum reserves.
       (2) The Secretary shall retain such independent consultants 
     as the Secretary considers appropriate to conduct the study.
       (3) An examination of the value to be derived by the United 
     States from the transfer, lease, or sale of the naval 
     petroleum reserves under paragraph (1) shall include an 
     assessment and estimate, in a manner consistent with 
     customary property valuation practices in the oil industry, 
     of the fair market value of the interest of the United States 
     in the naval petroleum reserves.
       (4) Not later than December 31, 1995, the Secretary shall 
     submit to Congress and make available to the public a report 
     describing the results of the study and containing such 
     recommendations as the Secretary considers appropriate to 
     implement the option, or combination of options, identified 
     in the study that would maximize the value of the naval 
     petroleum reserves to or for the United States,
       (b) Implementation of Recommendations.--Not earlier than 31 
     days after submitting to Congress the report required under 
     subsection (a)(4), and not later than December 31, 1996, the 
     Secretary shall carry out the recommendations contained in 
     the report.
       (c) Naval Petroleum Reserves Defined.--For purposes of this 
     section, the term ``naval petroleum reserves'' has the 
     meaning given that term in section 7420(2) of title 10, 
     United States Code, except that such term does not include 
     Naval Petroleum Reserve Numbered 1.
                                 ______


                      FEINSTEIN AMENDMENT NO. 2105

  Mr. NUNN (for Mrs. Feinstein) proposed an amendment to the bill S. 
1026, supra; as follows:

       On page 433, in the table relating to the extension of 1993 
     project authorizations for the Army National Guard, insert 
     after the item relating to the project at Union Springs, 
     Alabama, the following:

California.........  Los Alamitos Armed  Fuel Facility.....   $1,553,000
                      Forces Reserve                                    
                      Center.                                           
------------------------------------------------------------------------

                                 ______


                      THURMOND AMENDMENT NO. 2106

  Mr. WARNER (for Mr. Thurmond) proposed an amendment to the bill S. 
1026, supra; as follows:

       Beginning on page 275, strike out line 19 and all that 
     follows through page 277, line 18, and insert in lieu thereof 
     the following:
       (a) Study Required.--(1) The Secretary of Defense shall 
     conduct a study to determine the quantitative results 
     (described in subsection (b)) of enactment and exercise of 
     authority for the Secretary of the military department 
     concerned to pay an annuity to the qualified surviving spouse 
     of each member of the Armed Forces who--
       (A) died before March 21, 1974, and was entitled to retired 
     or retainer pay on the date of death: or
       (B) was a member of a reserve component of the Armed Forces 
     during the period beginning on September 21, 1972, and ending 
     on October 1, 1978, and at the time of his death would have 
     been entitled to retired pay under chapter 67 of title 10, 
     United States Code (as in effect before December 1, 1994), 
     but for the fact that he was under 60 years of age.
       (2) A qualified surviving spouse for purposes of paragraph 
     (1) is a surviving spouse who has not remarried and who is 
     not eligible for an annuity under section 4 of Public Law 92-
     425 (10 U.S.C. 1448 note).
       (b) Required Determinations.--By means of the study 
     required under subsection (a), the Secretary shall determine 
     the following matters:
       (1) The number of unremarried surviving spouses of deceased 
     members and deceased former members of the Armed Forces 
     referred to in subparagraph (A) of subsection (a)(1) who 
     would be eligible for an annuity under authority described in 
     such subsection.
       (2) The number of unremarried surviving spouses of deceased 
     members and deceased former members of reserve components of 
     the Armed Forces referred to in subparagraph (B) of 
     subsection (a)(1) who would be eligible for an annuity under 
     authority described in such subsection.
       (3) The number of persons in each group of unremarried 
     former spouses described in paragraphs (1) and (2) who are 
     receiving a widow's insurance benefit or a widower's 
     insurance benefit under title II of the Social Security Act 
     on the basis of employment of a deceased member or deceased 
     former member referred to in subsection (a)(1).
       (c) Report.--(1) Not later than March 1, 1996, 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 results of 
     the study.
       (2) The Secretary shall include in the report a 
     recommendation on the amount of the annuity that should be 
     authorized to be paid under any authority described in 
     subsection (a)(1) together with a recommendation on whether 
     the annuity should be adjusted annually to offset increases 
     in the cost of living.
                                 ______

                                 
[[Page S 11335]]


                  KYL (AND OTHERS) AMENDMENT NO. 2107

  Mr. WARNER (for Mr. Kyl, for himself, Mr. Robb, and Mr. Bingaman) 
proposed an amendment to the bill S. 1026, supra; as follows:

       On page 403, between lines 16 and 17, insert the following:

     SEC. 1095. REVIEW OF NATIONAL POLICY ON PROTECTING THE 
                   NATIONAL INFORMATION INFRASTRUCTURE AGAINST 
                   STRATEGIC ATTACKS.

       Not later than 120 days after the date of the enactment of 
     this Act, the President shall submit to Congress a report 
     setting forth the following:
       (1) The national policy and architecture governing the 
     plans for establishing procedures, capabilities, systems, and 
     processes necessary to perform indications, warning, and 
     assessment functions regarding strategic attacks by foreign 
     nations, groups, or individuals, or any other entity against 
     the national information infrastructure.
       (2) The future of the National Communications System (NCS), 
     which has performed the central role in ensuring national 
     security and emergency preparedness communications for 
     essential United States Government and private sector users, 
     including, specifically, a discussion of--
       (A) whether there is a federal interest in expanding or 
     modernizing the National Communications System in light of 
     the changing strategic national security environment and the 
     revolution in information technologies; and
       (B) the best use of the National Communications System and 
     the assets and experience it represents as an integral part 
     of a larger national strategy to protect the United States 
     against a strategic attack on the national information 
     infrastructure.
                                 ______


               McCAIN (AND LIEBERMAN) AMENDMENT NO. 2108

  Mr. WARNER (for Mr. McCain, for himself and Mr. Lieberman) proposed 
an amendment to the bill S. 1026, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC. --. IRAN AND IRAQ ARMS NONPROLIFERATION.

       (a) Sanctions Against Transfers of Persons.--Section 
     1604(a) of the Iran-Iraq Arms Non-Proliferation Act of 1992 
     (title XVI of Public Law 102-484; 50 U.S.C. 1701 note) is 
     amended by inserting ``to acquire chemical, biological, or 
     nuclear weapons or'' before ``to acquire''.
       (b) Sanctions Against Transfers of Foreign Countries.--
     Section 1605(a) of such Act is amended by inserting ``to 
     acquire chemical, biological, or nuclear weapons or'' before 
     ``to acquire''.
       (c) Clarification of United States Assistance.--
     Subparagraph (A) of section 1608(7) of such Act is amended to 
     read as follows:
       ``(A) any assistance under the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian 
     assistance or medicine;''.
                                 ______


                      THURMOND AMENDMENT NO. 2109

  Mr. WARNER (for Mr. Thurmond) proposed an amendment to the bill S. 
1026, supra; as follows:

       On page 468, after line 24, add the following:

     SEC. 2825. FINAL FUNDING FOR DEFENSE BASE CLOSURE AND 
                   REALIGNMENT COMMISSION.

       Section 2902(k) 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:
       ``(3)(A) The Secretary may transfer from the account 
     referred to in subparagraph (B) such unobligated funds in 
     that account as may be necessary for the Commission to carry 
     out its duties under this part during October, November, and 
     December 1995. Funds transferred under the preceding sentence 
     shall remain available until December 31, 1995.
       ``(B) The account referred to in subparagraph (A) is the 
     Department of Defense Base Closure Account established under 
     section 207(a) of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).''.

                          ____________________