[Congressional Record Volume 141, Number 130 (Saturday, August 5, 1995)]
[Senate]
[Pages S11557-S11574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

  The Senate continued with the consideration of the bill.
  Mr. FORD addressed the Chair.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. FORD. I will be assisting the distinguished chairman of the Armed 
Services Committee at the request of the ranking member, Senator Nunn. 
He is in negotiations at the present time. He asked that, until he is 
available, I assist the distinguished chairman. So I will be 
scrutinizing the amendments as they are reported. I think most of them 
are cleared. We will have no problems.
  Mr. THURMOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Carolina.


                           Amendment No. 2252

    (Purpose: To amend the provision relating to authority to lease 
             property requiring environmental remediation)

  Mr. THURMOND. Mr. President, on behalf of Senator Smith, I offer an 
amendment which perfects section 120(h)(3) by clarifying that section 
120(h)(3) of the Comprehensive Environmental Response Compensation and 
Liability Act of 1980 does not apply to long-term leases at military 
bases undergoing hazardous waste remedial action.
  Mr. President, I believe this amendment has been cleared by the other 
side.
  Mr. FORD. Mr. President, the minority side has no objections to this 
amendment.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from South Carolina [Mr. Thurmond], for Mr. 
     Smith, proposes an amendment numbered 2252.

  Mr. THURMOND. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 468, strike lines 16 through 24 and insert the 
     following:

     ``The requirements of subparagraph (B) shall not apply in any 
     case in which the transfer of the property occurs or has 
     occurred by means of a lease, without regard to whether the 
     lessee has agreed to purchase the property or whether the 
     duration of the lease is longer than 55 years. In the case of 
     a lease entered into after September 30, 1995, with respect 
     to real property located at an installation approved for 
     closure or realignment under a base closure law, the agency 
     leasing the property, in consultation with the Administrator, 
     shall determine before leasing the property that the property 
     is suitable for lease, that the uses contemplated for the 
     lease are consistent with protection of human health and the 
     environment, and that there are adequate assurances that the 
     United States will take all remedial action referred to in 
     subparagraph (B) that has not been taken on the date of the 
     lease.''.

  Mr. SMITH. Mr. President, during the Armed Services Committee 
consideration of S. 1026, Senator McCain and I introduced language to 
amend section 120(h)(3) of the Comprehensive Environmental Response 
Compensation and Liability Act of 1980 [CERCLA], otherwise known as 
Superfund, to allow for the use of long-term leases at former military 
bases undergoing hazardous waste remedial action.
  The need for this language grew out of a lawsuit filed by the 
Conservation Law Foundation [CLF] and the town of Newington, NH, which 
charged that the Air Force had violated Superfund section 120(h) by 
transferring contaminated parcels at Pease Air Force Base via long-term 
lease without an approved remedial design. In a decision dated August 
29, 1994, Judge Martin Loughlin of the U.S. District Court for the 
District of New Hampshire, held that the Air Force's actions to provide 
long-term leases to the State of New Hampshire were a violation of 
CERCLA. Not only has this decision placed a cloud over redevelopment 
efforts at Pease, but more important, it has helped to hinder the 
expedited redevelopment of facilities across the Nation that are being 
closed under the Base Closure and Realignment Act.
  The language that was included in section 2824 of S. 1026 was 
intended to modify section 120(h)(3) of Superfund to provide that the 
Department of Defense may enter into long-term or other leases while 
any phase of the cleanup is ongoing. The amendment that I am offering 
today clarifies the language included in section 2824 to provide that 
not only are existing leases appropriate, but future leases may be 
entered into after consultation between the EPA and DOD. I have worked 
closely with Senators Chafee, Baucus, and Lautenberg, as well as the 
Department of Defense and the Department of the Air force, in 
developing this language, and I believe that it has been cleared by 
both sides.
  This amendment will not only eliminate a significant obstacle to the 
expedited redevelopment of these bases, but it will give the Department 
of Defense more flexibility and creativity in placing these facilities 
back into productive use.
  Again, I thank my colleague for working with me to adopt this 
important measure.
  Mr. THURMOND. Mr. President, I urge the Senate adopt this amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2252) was agreed to.
  Mr. FORD. I move to reconsider the vote.
  Mr. THURMOND. I move to lay that motion on the table. 

[[Page S11558]]

  The motion to lay on the table was agreed to.


                           Amendment No. 2253

  (Purpose: To require a cost-benefit analysis of various options for 
  reorganization of the Army ROTC program and to delay reorganization 
   pending submission of a report on the results of the analysis to 
                               Congress)

  Mr. FORD. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford] proposes an amendment 
     numbered 2253.

  Mr. FORD. Mr. President, I ask unanimous consent that further reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       At the end of subtitle E of title V, add the following:

     SEC. 560. DELAY IN REORGANIZATION OF ARMY ROTC REGIONAL 
                   HEADQUARTERS STRUCTURE.

       (a) Delay.--The Secretary of the Army may not take any 
     action to reorganize the regional headquarters and basic camp 
     structure of the Reserve Officers Training Corps program of 
     the Army until six months after the date on which the report 
     required by subsection (d) is submitted.
       (b) Cost-Benefit Analysis.--The Secretary of the Army shall 
     conduct a comparative cost-benefit analysis of various 
     options for the reorganization of the regional headquarters 
     and basic camp structure of the Army ROTC program. As part of 
     such analysis, the Secretary shall measure each 
     reorganization option considered against a common set of 
     criteria.
       (c) Selection of Reorganization Option for 
     Implementation.--Based on the findings resulting from the 
     cost-benefit analysis under subsection (b) and such other 
     factors as the Secretary consider appropriate, the Secretary 
     shall select one reorganization option for implementation. 
     The Secretary may select an option for implementation only if 
     the Secretary finds that the cost-benefit analysis and other 
     factors considered clearly demonstrate that such option, 
     better than any other option considered--
       (1) provides the structure to meet projected mission 
     requirements;
       (2) achieves the most significant personnel and cost 
     savings;
       (3) uses existing basic and advanced camp facilities to the 
     maximum extent possible;
       (4) minimizes additional military construction costs; and
       (5) makes maximum use of the reserve components to support 
     basic and advanced camp operations, thereby minimizing the 
     effect of those operations on active duty units.
       (d) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of the Army shall submit 
     to the Committee on Armed Services of the Senate and the 
     Committee on National Security of the House of 
     Representatives a report describing the reorganization option 
     selected under subsection (c). The report shall include the 
     results of the cost-benefit analysis under subsection (b) and 
     a detailed rationale for the reorganization option selected.

  Mr. FORD. This amendment would prohibit the Army from reorganizing 
regional headquarters of the ROTC Program until 6 months after they 
submit studies justifying the reorganizational cost-benefit.
  I urge its acceptance.
  Mr. THURMOND. Mr. President, it was cleared on this side.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2253) was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote.
  Mr. THURMOND. Mr. President, I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
                           Amendment No. 2254

     (Purpose: To require a report on the effect of the closure of 
 Fitzsimons Army Medical Center on the capability of the Department of 
 Defense to provide appropriate health care to veterans of the Persian 
 Gulf War and their families suffering from illnesses associated with 
                  their service during that conflict)

  Mr. THURMOND. Mr. President, on behalf of Senator Campbell, I offer 
an amendment which will require a report on the effect of the closure 
of Fitzsimons Army Medical Center on the capability of the Department 
of Defense to provide appropriate health care to Persian Gulf war 
veterans suffering from illness associated with that conflict.
  Mr. President, I believe this amendment has been cleared by the other 
side.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from South Carolina [Mr. Thurmond], for Mr. 
     Campbell, proposes an amendment numbered 2254.

  Mr. THURMOND. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 304, between lines 8 and 9, insert the following:

     SEC. 744. REPORT ON EFFECT OF CLOSURE OF FITZSIMONS ARMY 
                   MEDICAL CENTER, COLORADO, ON PROVISION OF CARE 
                   TO MILITARY PERSONNEL AND DEPENDENTS 
                   EXPERIENCING HEALTH DIFFICULTIES ASSOCIATED 
                   WITH PERSIAN GULF SYNDROME

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report that--
       (1) assesses the effects of the closure of Fitzsimons Army 
     Medical Center, Colorado, on the capability of the Department 
     of Defense to provide appropriate and adequate health care to 
     members and former members of the Armed Forces and their 
     dependents who suffer from undiagnosed illnesses (or 
     combination of illnesses) as a result of service in the Armed 
     Forces in the Southwest Asia theater of operations during the 
     Persian Gulf War; and
       (2) describes the plans of the Secretary of Defense and the 
     Secretary of the Army to ensure that adequate and appropriate 
     health care is available to such members, former members, and 
     their dependents for such illnesses.

  Mr. CAMPBELL. Mr. President, this amendment requires the Secretary of 
Defense to complete a report on the effect of the closure of Fitzsimons 
Army Medical Center on gulf war veterans and their families who suffer 
from health problems associated with Persian Gulf syndrome. That report 
must also tell Congress how the Defense Department and the Army plan to 
provide effective testing and treatment of those people.
  Mr. President, last summer I held a field hearing out in Colorado on 
the subject of gulf war illnesses. That experience proved to me that 
the Persian Gulf syndrome is real and serious. Veterans complained of 
respiratory illnesses, muscle and joint aches, and fatigue, as well as 
a series of psychological symptoms. One family I know in Colorado 
watched their son go from a robust, strong, and vigorous young man to a 
thin, weak, and depressed gulf war vet as a result of unexplained 
health problems stemming from his Persian Gulf service.
  Many of these vets, and their families, relied on Fitzsimons for 
testing and treatment. Fitzsimons is 1 of 15 regional medical centers 
for conducting evaluations of Persian Gulf war illnesses. Last October, 
Fitzsimons opened the Persian Gulf War Service Center to diagnose and 
treat gulf war vets. In addition, Fitzsimons set up a Persian Gulf war 
hotline to get information and make appointments.
  It is hard to underestimate the importance of Fitzsimons to the 
regional effort in support of gulf war vets. Fitzsimons provides 
initial evaluations for vets in its immediate area, as well as assisted 
other medical facilities that could not handle the extra workload. 
Fitzsimons is responsible for all gulf war cases that require more 
extensive evaluations and treatment. Fitzsimons organizes quarterly 
regional conferences on Persian Gulf war illness issues. The Fitzsimons 
hotline continues to generate three or four new referrals every day.
  We are going to lose all those services when Fitzsimons closes. I say 
when it closes, because I am sure that Congress will vote to accept the 
BRAC recommendations, with or without my support. I want to make sure 
that the Defense Department and the Army do not ignore these gulf war 
vets, and do not try to sweep their health problems under the rug.
  Congress needs to know the DOD's plans to care for these people, and 
that is why I proposed this amendment. I appreciate the help from my 
colleagues on the Armed Services Committee on both sides of the aisle, 
and I thank them for agreeing to accept this amendment.
  Mr. THURMOND. Mr. President, I congratulate Senator Campbell on his 
amendment to require the Department of Defense to provide a report on 
the impact the closure of the Fitzsimons Army Medical Center will have 
on the treatment of Persian Gulf veterans suffering from illness 
associated with service in that conflict. The amendment will ensure 
that the Department 

[[Page S11559]]
of Defense makes appropriate arrangements for care for these veterans 
and their families.
  I support the amendment and urge its adoption.
  Mr. THURMOND. Mr. President, I urge that the Senate adopt the 
amendment.
  Mr. FORD. Mr. President, we have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2254) was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. THURMOND. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2255

     (Purpose: To state the sense of the Senate on the Director of 
                    Operational Test and Evaluation)

  Mr. FORD. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Pryor, 
     proposes an amendment numbered 2255.

  Mr. FORD. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 69, between lines 9 and 10, insert the following:

     SEC. 242. SENSE OF SENATE ON THE DIRECTOR OF OPERATIONAL TEST 
                   AND EVALUATION.

       (a) Findings.--The Senate makes the following findings:
       (1) The Office of the Director of Operational Test and 
     Evaluation of the Department of Defense was created by 
     Congress to provide an independent validation and 
     verification on the suitability and effectiveness of new 
     weapons, and to ensure that the United States military 
     departments acquire weapons that are proven in an operational 
     environment before they are produced and used in combat.
       (2) The office is currently making significant 
     contributions to the process by which the Department of 
     Defense acquires new weapons by providing vital insights on 
     operational weapons tests to be used in this acquisition 
     process.
       (3) The office provides vital services to Congress in 
     providing an independent certification on the performance of 
     new weapons that have been operationally tested.
       (4) A provision of H.R. 1530, an Act entitled ``An Act 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'', agreed to by 
     the House of Representatives on June 15, 1995, contains a 
     provision that could substantially diminish the authority and 
     responsibilities of the office and perhaps cause the 
     elimination of the office and its functions.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the authority and responsibilities of the Office of the 
     Director of Operational Test and Evaluation of the Department 
     of Defense should not be diminished or eliminated; and
       (2) the conferees on H.R. 1530, an Act entitled ``An Act 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'' should not 
     propose to Congress a conference report on that Act that 
     would either diminish or eliminate the Office of the Director 
     of Operational Test and Evaluation or its functions.

  Mr. FORD. Mr. President, this is a sense of the Senate that the 
Senate should not recede to the House provision that would abolish DOD 
Director of Operational Test and Evaluations.
  I believe it has been cleared on the other side.
Mr. PRYOR. Mr. President, I rise today to offer an amendment 
with my friend the Senator from Delaware, Senator Roth, that would 
express the sense of the Senate regarding the function of operational 
weapons testing in the U.S. Department of Defense.
  In 1983, Senator Roth and I passed legislation in Congress creating 
the Office of the Director, Operational Test and Evaluation in the 
Pentagon. This office was designed to be an independent and objective 
voice in the acquisition process, making sure that new weapons were 
tested in strong, realistic operational conditions before they were 
built and sent into combat.
  Before the creation of this office, the tests on new weapons overseen 
strictly by those who were responsible for the development and 
production of these systems. Their strong financial and emotional 
attachment to the weapons being tested often compromised the integrity 
of the entire military acquisition process, and led to the fielding of 
weapons that simply did not work.
  So the independent operational testing office was created to 
eliminate the practice where ``the students were grading their own 
exams.'' Since its creation, this office has worked hard to restore 
integrity and objectivity to DOD procurement. Our operational testers 
currently provide valuable information on the reliability and 
effectiveness of new weapons being developed and produced.
  Mr. President, I was shocked to learn that the House version of the 
DOD authorization bill for fiscal year 1996 contained a provision to 
eliminate the Office of the Director of Operational Test and Evaluation 
and its important testing oversight function. The House legislation is 
dangerously misguided. In their apparent effort to streamline the 
Office of the Secretary of Defense, the House National Defense 
Committee has attempted to eliminate this important office and the 
responsibility of operationally testing new weapons.
  I am pleased that the Senate Armed Services Committee's bill does not 
contain a similar provision. However, I am fully aware that this issue 
must still be resolved in the House/Senate conference on this 
particular legislation. As a result, Senator Roth and I, as co-authors 
of the legislation creating the testing office, feel strongly that the 
U.S. Senate must respond strongly to the provisions passed by our 
friends in the House of Representatives.
  I thank the distinguished chairman of the Armed Services Committee, 
Senator Thurmond, and the ranking member, Senator Nunn, for accepting 
this amendment.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2255) was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. THURMOND. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. THURMOND. Mr. President, I have to go to the telephone. I am 
going to ask the able Senator from Idaho to take over in my place.
  The PRESIDING OFFICER. The Senator from Idaho.


                           Amendment No. 2256

(Purpose: To revise the authority relating to awards for service during 
       the Vietnam era in order to authorize upgrades of awards)

  Mr. KEMPTHORNE. Mr. President, on behalf of Senator Lott, I offer an 
amendment which would allow the Secretary of Defense or service 
secretary to award appropriate decorations to Vietnam veterans. I 
believe this amendment has been cleared by the other side.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Lott, 
     proposes an amendment numbered 2256.

       On page 202, line 16, insert ``or upgrade'' after 
     ``award''.

  Mr. FORD. Mr. President, this side has no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2256) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2257

  Mr. FORD. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Nunn, 
     proposes an amendment numbered 2257.

  Mr. FORD. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered. 

[[Page S11560]]

  The amendment is as follows:

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

     SEC.  . AUTHORIZING THE AMOUNTS REQUESTED IN THE BUDGET FOR 
                   JUNIOR ROTC.

       (a) There is hereby authorized to be appropriated 
     $12,295,000 to fully fund the budget request for the Junior 
     Reserve Officer Training Corps programs of the Army, Navy, 
     Air Force, and Marine Corps. Such amount is in addition to 
     the amount otherwise available for such programs under 
     section 301.
       (b) The amount authorized to be appropriated by section 
     101(4) is hereby reduced by $12,295,000.

  Mr. McCAIN. Mr. President, I support the amendment to provide an 
additional $12.2 million to the Junior ROTC Program. This will provide 
a level of funding equal to that requested by the administration. While 
I believe that the JROTC Program is of value to local communities, I 
continue to be concerned that its growth in funding will displace 
higher priority military programs during this era of declining defense 
budgets. I believe that the Department of Defense and Congress need to 
carefully scrutinize the growth of this program. Although current 
authority allows the JROTC Program to expand to as many as 3,500 
schools, I believe that this would place an undue burden on the defense 
budget and therefore will seek to reduce this level of authority in 
future years. I urge the Department to exercise restraint when drafting 
its fiscal year 1997 budget request and not seek a growth in this 
program.
  Mr. NUNN. Mr. President, I send to the desk an amendment that would 
fully fund the Department of Defense budget request for Junior ROTC. 
The bill as reported, would freeze the program at the fiscal year 1995 
level of funding, which would have the effect of precluding the 
Department's planned expansion to an additional 435 schools, covering 
approximately 30,000 students.
  Junior ROTC is a nationwide partnership program between the military 
services and high schools which emphasizes self-discipline, 
citizenship, personal responsibility, and sound work habits. It 
features classroom instruction, extracurricular activities, and summer 
camp. The program has received strong support from high school 
faculties, community leaders, and parents.
  Junior ROTC makes an enormous contribution to our nation, both in 
terms of the impact on military recruiting and the impact on the 
individuals and communities who benefit from this outstanding program.
  In the early nineties, the program was substantially expanded as a 
result of an initiative by Gen. Colin Powell and President Bush to 
address the issues of citizenship and self-esteem among at-risk teens 
in the wake of the LA riots.
  President Bush said that JROTC is ``a great program that boosts high 
school completion rates, reduces drug use, raises self-esteem, and gets 
these kids firmly on the right track.''
  General Powell said:

       With its emphasis on self-discipline, personal 
     responsibility, values, citizenship, and saying NO to drugs, 
     JROTC provides America's youth with positive incentives to 
     stay in high school and graduate. * * * I believe immediate 
     expansion of the JROTC program is the best opportunity for 
     the Department of Defense to make a positive impact on the 
     Nation's youth.

  The present members of the Joint Chiefs of Staff strongly support the 
program, and I ask unanimous request that a letter dated August 3, 
1995, signed by all of the Chiefs be printed in the Record, and I urge 
the adoption of the amendment.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                     The Chairman,


                                        Joint Chiefs of Staff,

                                   Washington, DC, August 3, 1995.
     Hon. Strom Thurmond,
     Chairman, Committee on Armed Services, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman: We are concerned about the recent 
     Committee markup that would freeze funding for the Junior 
     Reserve Officers' Training Corps (JROTC) Program at the FY 
     1995 levels--an action that would deny 435 high schools the 
     opportunity many have sought for years, the chance to host a 
     JROTC unit. This program has an 80-year track record of 
     success and historically has enjoyed strong bipartisan 
     support by the Congress. We hope that the Senate could adopt 
     appropriate modifications to the Committee's Bill (S. 1026).
       The current expansion of the program was initiated by then-
     Chairman Colin Powell, who recognized that JROTC offers young 
     people an opportunity to improve their sense of 
     responsibility, self-esteem, and citizenship, while offering 
     an alternative to drugs and violence. The program also 
     influences youth to stay in high school and graduate--
     something we in uniform have long endorsed. Moreover, with a 
     per-student cost of about $500 annually, JROTC is a modest 
     investment in today's youth.
       Recognizing such benefits, President Bush proposed, and the 
     Congress supported expansion of the program from 1,600 units 
     to 3,500. Under that authority, the Department currently is 
     executing the fourth installment of a 5-year expansion that 
     is slated to add 284 units during the next school year, plus 
     151 the following year. The Committee's Bill would truncate 
     that planned growth.
       Frankly, there would be enormous challenges associated with 
     changing direction. Contracts for the soon-to-start 284 
     schools largely have been accomplished, and faculty hiring 
     substantially is completed. Funding is committed, and JROTC 
     contracts with school districts generally require a 1-year 
     notice before a Military Department unilaterally may 
     terminate a unit. Nearly 70 percent of instructors for the 
     new units are hired and are in the process of relocating. 
     Millions of dollars for instructional materials, uniforms, 
     equipment and supplies are in-place or on-order--the start 
     date for classes is only a few weeks away! A display of 
     affected schools, by state, is attached.
       We remain sensitive to the competing demands and choices 
     that must be made under tight budgets. Nonetheless, the 
     Services always have prioritized JROTC into their funding 
     plans, because we are so frequently reminded of the 
     contributions JROTC makes to America and to its youth. We 
     hope that the Senate can accord similar priority, and amend 
     the Committee's Bill to permit currently planned unit 
     activations to continue.
           Sincerely,
         John M. Shalikashvili, Chairman of the Joint Chiefs of 
           Staff; Dennis J. Reimer, General, U.S. Army Chief of 
           Staff; C.C. Krulak, General, U.S. Marine Corps 
           Commandant; W.A. Owens, Vice Chairman of the Joint 
           Chiefs of Staff; J.M. Boorda, Admiral, U.S. Navy Chief 
           of Naval Operations; Ronald H. Fogleman, General, U.S. 
           Air Force Chief of Staff.

  Mr. FORD. Mr. President, the bill as reported would freeze the 
program at the fiscal year 1995 level of funding for the Junior ROTC. I 
believe it has been cleared on the other side.
  Mr. KEMPTHORNE. We have cleared this amendment.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2257) was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. KEMPTHORNE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2258

  Mr. FORD. Mr. President, I send an amendment to the desk on behalf of 
Senator Nunn and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Nunn, 
     proposes an amendment numbered 2258.

  Mr. FORD. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 109, strike out lines 1 and 2 and insert the 
     following in lieu thereof: by inserting ``of the reserve 
     components and of the combat support and combat service 
     support elements of the regular components'' after 
     ``resources''.
       On page 109, strike out line 11 and all that follows 
     through line 2 on page 110.
       On page 110, in line 3, redesignate subsection (d) as 
     subsection (c).
       On page 403, insert the following between line 16 and line 
     17:

     SEC. 1095. EXTENSION OF PILOT OUTREACH PROGRAM.

       Section 1045(d) of the National Defense Authorization Act 
     for Fiscal Year 1993 is amended by striking out ``three'' and 
     inserting ``five'' in lieu thereof.

  Mr. NUNN. Mr. President, this amendment clarifies the authorities 
concerning the Civil-Military Cooperative Action Program and that would 
extend the pilot program for reducing the demand for illegal drugs.
  On a bipartisan basis, Congress established the Civil-Military 
Cooperative Action Program (10 U.S.C. 410) in the National Defense 
Authorization Act for fiscal year 1993. The purpose was to build upon 
the longstanding tradition of the Armed Forces--acting as good 
neighbors on a local level--in applying military resources to assist in 
worthy 

[[Page S11561]]
civic projects when they would not be competing with the private 
sector.
  The statute required DOD to develop a coordinated program so that DOD 
could insure that such programs were consistent with national policy of 
protecting military readiness and avoiding competition with the private 
sector; DOD could share information among commands about useful ways to 
provide such assistance; and DOD could coordinate requests for 
assistance to avoid duplication among DOD activities and between DOD 
and other Federal agencies.
  The statute requires DOD to establish a ``Civil-Military Cooperative 
Action Program'' to ``use the skills, capabilities, and resources to 
the Armed Forces to assist civilian efforts to meet the domestic needs 
of the United States.'' It further requires DOD to establish advisory 
councils on the regional, State, or local level, as appropriate, 
comprised of representatives from business, civic, and social service 
organizations, and Federal, State, and local agencies. The advisory 
councils provide recommendations on projects and program guidance. In 
addition, DOD is required to issue regulations governing the types of 
assistance, and guidance to assure nonduplication of public service and 
noncompetition with the private sector.
  The Civil-Military Cooperative Action Program builds upon a 
longstanding tradition of military commanders serving as good 
neighbors--coordinating training activities and providing assistance to 
local communities to help with worthy civic projects. The statutory 
program is designed to ensure that these efforts are conducted in 
accordance with national goals--that is, they must be consistent with 
readiness and there must be no competition with the private sector or 
other public activities.
  At a time when we are providing over $250 billion in funding for 
defense--and when defense is the only segment of the Government 
receiving a substantial budget increase--it is no
 time to tell our communities that the military cannot or will not 
provide assistance consistent with military readiness and training.

  The civil-military cooperation cannot and should not be a military 
mission. But there is no reason why the Armed Forces cannot conduct 
training--particularly in terms of the activities of support troops--in 
a manner that can have incidental benefits to civilian society.
  A good example is medical screening. When troops go on cold weather 
training in Alaska, why shouldn't the medics assist medically 
underserved communities with screening and basic medical supplies--
particularly when the shelf-life of those supplies will expire if not 
used?
  The bill as reported by the committee makes a number of useful 
changes in the current statutory authority to emphasize military 
readiness, but several improvements are needed in the language 
recommended by the committee.
  The bill as reported would restrict the program to the reserve 
components. My amendment would make it clear that the program also 
applies to the combat support and combat service support elements of 
active duty regular components.
  The bill as reported would eliminate Federal agencies labor unions 
from participation in the advisory councils. The advisory councils were 
designed to bring together business, civic, and government leaders to 
ensure that there is no private sector competition and no duplication 
of services offered by other public agencies. We should not exclude 
Federal agencies and labor unions from the process since that could 
lead to unnecessary duplication of Federal and private sector services.
  My amendment does not affect the provision of the bill providing that 
the management of the program should not be located under the Assistant 
Secretary of Defense for Reserve Affairs. Since the program clearly 
applies to the active and the reserve components, oversight should be 
provided by the Under Secretary of Defense for Personnel and Readiness. 
It is my expectation that the expertise and experience of those who 
have been responsible for the program to date would be relied upon by 
the Under Secretary in his oversight of this program.
  My amendment also extends for 2 years the pilot outreach program to 
reduce demand for illegal drugs, authorized by section 1045 of the 
National Defense Authorization Act for Fiscal Year 1995. The pilot 
program has been reviewed by the Rand Corp. and has generally received 
good reviews. There has been insufficient opportunity at this point, 
however, to determine the long-term effectiveness of the program, so a 
2-year extension of the pilot is warranted.
  Mr. President, I note that the Department of Defense appropriations 
bill for fiscal year 1995, as reported by the Appropriations Committee, 
fully funds the administration's request for the Civil-Military 
Cooperative Action Program and the related Challenge and Starbase 
Programs. That funding is fully consistent with the continuing 
authority provided by the Armed Services Committee for these important 
programs.
  Mr. McCAIN. Mr. President, I support the amendment to allow the 
Department of Defense to continue the Pilot Outreach Program another 2 
years. I further support the perfecting language regarding the Civil 
Military Cooperation Program. I believe that these programs can be of 
great value, however, I am concerned when scarce defense dollars are 
earmarked for these programs that do not significantly enhance national 
security. I note with approval that this will not be the case in this 
situation. I urge the Department of Defense to refrain from requesting 
funds for these programs in the future since there are so many more 
pressing military requirements that continue to go unfunded. It is my 
hope that these programs will continue to provide valuable services to 
local communities using funds that are more appropriate to their 
mission.
  Mr. FORD. Mr. President, this clarifies the authority concerning the 
Civil Military Cooperative Action Program.
  Mr. KEMPTHORNE. Mr. President, this amendment has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2258) was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. KEMPTHORNE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2259

  (Purpose: To amend section 381 to make the National Defense Sealift 
  Fund available for expenses of the entire National Defense Reserve 
                                 Fleet)

  Mr. KEMPTHORNE. Mr. President, on behalf of Senator Thurmond, I offer 
an amendment which would perfect a provision included in the bill that 
makes certain changes in funding for the Ready Reserve component of the 
National Defense Reserve Fleet. Based on consultation with the Office 
of the Secretary of Defense and Navy, this amendment would extend the 
authority to include the entire National Defense Reserve Fleet.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Thurmond, 
     proposes an amendment numbered 2259.
  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 114, beginning on line 9, strike out ``READY 
     RESERVE COMPONENT OF THE READY RESERVE FLEET.'' and insert in 
     lieu thereof ``THE NATIONAL DEFENSE RESERVE FLEET.''.
       On page 114, beginning on line 20, strike out ``of the 
     Ready Reserve component''

  Mr. KEMPTHORNE. I believe this amendment has been cleared by the 
other side.
  Mr. FORD. Mr. President, we have no objection to this amendment.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2259) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  
[[Page S11562]]



                           Amendment No. 2260

       (Purpose: To authorize a land conveyance, Radar Bomb 
     Scoring Site, Forsyth, Montana)

  Mr. KEMPTHORNE. Mr. President, on behalf of Senators McCain and 
Glenn, the chairman and ranking member of the Readiness Subcommittee, I 
offer an amendment which would convey approximately 58 acres comprising 
radar bomb scoring site, Forsyth, MT, to the city of Forsyth, MT.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. McCain, 
     for himself and Mr. Glenn, proposes an amendment numbered 
     2260.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 487, below line 24, add the following:

     SEC. 2838. LAND CONVEYANCE, RADAR BOMB SCORING SITE, FORSYTH, 
                   MONTANA.

       (A) Authority To Convey.--The Secretary of the Air Force 
     may convey, without consideration, to the City of Forsyth, 
     Montana (in this section referred to as the ``City''), all 
     right, title, and interest of the United States in and to the 
     parcel of property (including any improvements, thereon) 
     consisting of approximately 58 acres located in Forsyth, 
     Montana, which has served as a support complex and 
     recreational facilities for the Radar Bomb Scoring Site, 
     Forsyth, Montana.
       (b) Condition of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the condition that the 
     City--
       (1) utilize the property and recreational facilities 
     conveyed under that subsection for housing and recreation 
     purposes; or
       (2) enter into an agreement with an appropriate public or 
     private entity to lease such property and facilities to that 
     entity for such purposes.
       (c) Reversion.--If the Secretary determines at any time 
     that the property conveyed under subsection (a) is not being 
     utilized in accordance with paragraph (1) or paragraph (2) of 
     subsection (b), all right, title, and interest in and to the 
     conveyed property, including any improvements thereon, shall 
     revert to the United States and the United States shall have 
     the right of immediate entry onto the property.
       (d) Description of Property.--The exact acreage and legal 
     description of the property conveyed under this section shall 
     be determined by a survey satisfactory to the Secretary. The 
     cost of such survey shall be borne by the City.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     determines appropriate to protect the interests of the United 
     States.

  Mr. McCAIN. Mr. President, I join Senator Glenn, my colleague, the 
ranking member on the Readiness Subcommittee, in offering an amendment 
that the subcommittee considered during the markup of the authorization 
bill.
  The amendment authorizes the Secretary of the Air Force to convey 58 
acres of property located at the Radar Bomb Scoring Site, Forsyth, MT, 
to the city of Forsyth, MT. The Air Force is planning to vacate the 
property and declare it excess to its needs. By authorizing the 
conveyance of the property to the city of Forsyth, we will meet a 
housing need for the elderly and provide a recreation area for the 
community.
  Although we considered the amendment during the markup of this bill, 
the subcommittee had not received the appropriate General Services 
Administration [GSA] screen certifying that no other Federal agency had 
a need for the property. The subcommittee therefore agreed to defer 
action on the conveyance until the GSA cleared the property for 
disposal. We now have that clearance and are prepared to recommend to 
the Senate to accept the amendment.
  Mr. President, Senator Glenn and I believe the GSA screen is an 
essential step toward maximizing the use of our Federal resources. We 
have already submitted all the land conveyances contained in the House 
bill to the GSA for review and will apply the same criteria to those 
conveyances as we have to this amendment.
  I thank Senator Glenn for his cooperation and urge the adoption of 
the amendment.
  Mr. GLENN. Mr. President, the amendment offered by Senator McCain and 
myself concerns a land issue which the Readiness Subcommittee 
considered during its markup proceedings.
  The amendment authorizes the Secretary of the Air Force to convey 58 
acres of property located at the Radar Bomb Scoring Site, Forsyth, MT, 
to the city of Forsyth, MT. The Air Force plans to vacate the few 
housing facilities and to declare the property excess to its needs. In 
receiving the property, the city of Forsyth must continue to use the 
facilities for housing purposes. The city of Forsyth has a justified 
need for these facilities to house the elderly in the community.
  The subcommittee recognized the local community's needs and the Air 
Force's desire to vacate and dispose of the property. However, the 
members of the Readiness Subcommittee chairman agreed to defer action 
on the proposal until the General Services Administration [GSA] 
completed an expedited screening of the property to determine if any 
Federal agencies had an interest in the property.
  Requiring GSA to screen the property is in keeping with my concern 
that we should not give away property without protecting the interests 
of the Federal Government.
  On July 11, GSA reported back to the subcommittee that no Federal 
interests in the property were expressed. In addition at Senator 
McCain's and my request GSA made a preliminary valuation of the 
property. GSA estimates that the property is worth $700,000.
  In keeping with the subcommittee's agreement, Senator McCain and I 
urge the adoption of the amendment.
  Mr. BURNS. Mr. President, I rise today in support of the amendment to 
the defense authorization bill which would transfer land at the Air 
Force Complex at Forsyth, MT, to the community.
  This amendment makes sense. The Air Force will be releasing this 
facility in the near future and the community will benefit greatly by 
acquiring this property. It is a win-win situation for the Air Force 
and the community.
  The city of Forsyth has met all necessary requirements and the 
conveyance is noncontroversial. They will use the property for 
affordable housing for retirees, assist the hospital and nursing home 
in their expansion plans, and assure that the facility is cared for and 
improved rather than allowed to deteriorate.
  This is clearly a positive solution and provides the highest and best 
use for the property. The community of Forsyth should be commended for 
their tireless work on this project.
  I yield the floor.
  Mr. KEMPTHORNE. Mr. President, this has been cleared by the other 
side.
  Mr. FORD. We have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2260) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2261

  (Purpose: To authorize a land conveyance, Radar Bomb Scoring Site, 
                            Powell, Wyoming)

  Mr. KEMPTHORNE. Mr. President, on behalf of Senators McCain and 
Glenn, the chairman and ranking members of the Readiness Subcommittee, 
I offer an amendment which conveys approximately 24 acres comprising 
the radar bomb scoring site, Powell, WY, to the northwest board of 
trustees, Powell, WY.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. McCain, 
     for himself and Mr. Glenn, proposes an amendment numbered 
     2261.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 487, below line 24, add the following:

     SEC. 2838. LAND CONVEYANCE, RADAR BOMB SCORING SITE, POWELL, 
                   WYOMING.

       (a) Authority to Convey.--The Secretary of the Air Force 
     may convey, without consideration to the Northwest College 
     Board of Trustees (in this section referred to as the 
     ``Board''), all right, title, and interest of the United 
     States in and to a parcel of real property (including any 
     improvements thereon) consisting of approximately 24 acres 
     located 

[[Page S11563]]
     in Powell, Wyoming, which has served as the location of a support 
     complex, recreational facilities, and housing facilities for 
     the Radar Bomb Scoring Site, Powell, Wyoming.
       (b) Condition of Conveyance.--The conveyance authorized 
     under subsection (a) shall be subject to the condition that 
     the Board use the property conveyed under that subsection for 
     housing and recreation purposes and for such other purposes 
     as the Secretary and the Board jointly determine appropriate.
       (c) Reversionary Interest.--During the 5-year period 
     beginning on the date that the Secretary makes the conveyance 
     authorized under subsection (a), if the Secretary determines 
     that the conveyed property is not being used in accordance 
     with subsection (b), all right, title, and interest in and to 
     the conveyed property, including any improvements thereon, 
     shall revert to the United States and the United States shall 
     have the right of immediate entry onto the property.
       (d) Description of Property.--The exact acreage and legal 
     description of the property conveyed under this section shall 
     be determined by a survey satisfactory to the Secretary. The 
     cost of the survey shall be borne by the Board.
       (e) 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.

  Mr. McCAIN. Mr. President, Senator Glenn and I are offering an 
amendment to convey approximately 24 acres comprising the radar bomb 
scoring site, Powell, WY, to the Northwest College Board of Trustees. 
This conveyance like the one in the previous amendment has been 
screened by the GSA for other Federal use and declared to be excess to 
the Government.
  I recommend the adoption of the amendment.
  Mr. GLENN. Mr. President, the amendment offered by Senator McCain and 
myself concerns a land issue which the Readiness Subcommittee 
considered during its markup proceedings.
  The amendment authorizes the Secretary of the Air Force to convey 24 
acres of property located at the radar bomb scoring site, Powell, WY, 
to the Northwest College in Powell, WY. The Air Force plans to vacate 
the facilities as early as August 1995. In receiving the property, the 
college must continue to use the facilities for housing purposes and 
recreational purposes. The college has a justified need for these 
facilities to house and support students at the college. The Northwest 
College Task Force, which includes several members of the Wyoming 
Legislature and the Powell Chamber of Commerce, and the Air Force 
support this proposal.
  The subcommittee recognized the college's needs and the Air Force's 
desire to vacate and dispose of the property. However, the members of 
the Readiness Subcommittee Chairman agreed to defer action on the 
proposal until the General Services Administration [GSA] completed an 
expedited screening of the property to determine if any Federal 
agencies had an interest in the property.
  Requiring GSA to screen the property is in keeping with my concern 
that we should not give away property without protecting the interests 
of the Federal Government.
  On July 11, GSA reported back to the subcommittee that no Federal 
interests in the property were expressed. In keeping with the 
subcommittee's agreement, Senator McCain and I urge the adoption of the 
amendment.
  Mr. THURMOND. I want to compliment Senator McCain and Senator Glenn, 
the chairman and ranking member of the Readiness Subcommittee, for 
their work on this amendment and their continuing efforts to ensure 
that Federal property is properly screened for use by other Federal 
agencies before it is conveyed to the private sector.
  Mr. President, I understand that both these bomb scoring sites at 
Powell, WY, and Forsyth, MT, have been screened by the General Services 
Administration for potential use by other Federal agencies and that 
there is no interest. Therefore, I support the amendment and the 
transfer to the local government entities for use to improve housing, 
education, and recreation.
  Mr. SIMPSON. Mr. President, I would simply like to add my strong 
support for this bill and in particular, for the provision relating to 
the land conveyance of the former Air Force radar bomb scoring site 
near Powell, WY.
  This provision properly authorizes the Secretary of the Air Force to 
convey, without consideration, to the Northwest College Board of 
Trustees, all right, title, and interest of the United States--in and 
to--the parcel of real property consisting of approximately 24 acres 
located in Powell, WY.
  This parcel also includes facilities such as a commissary and post 
exchange, as well as housing facilities that the Northwest College will 
most surely put to good use almost immediately.
  The Northwest College Task Force, several members of the Wyoming 
Legislature and the Powell Chamber of Commerce have all endorsed the 
re-use proposal submitted by the Northwest College. Northwest College 
will use the facilities to help to alleviate their acute student 
housing shortage and for other educational and classroom purposes.
  Mr. President, I sat on the Northwest College Board for 8 years and I 
can certainly attest to the fact that this is a great community 
college. One of the best.
  This transfer of Air Force property will be well noted and greatly 
appreciated by the community of Powell, WY and the college, as they 
face continued growth into the 21st century.
  I would like to offer my deepest thanks to Senator Thurmond, Senator 
Burns, and Senator Nunn for their efforts--as well as their fine staff 
representatives--in this endeavor. They have all been so supportive of 
the Wyoming delegation's efforts regarding this provision, and I do 
greatly appreciate that. Thank you, Mr. President.
  Mr. KEMPTHORNE. Mr. President, this has been cleared by the other 
side.
  Mr. FORD. We have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2261) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2262

 (Purpose: To express the sense of Congress regarding establishment of 
  Junior Reserve Officers' Training Corps units in schools on Indian 
                             reservations)

  Mr. KEMPTHORNE. Mr. President, on behalf of Senator Pressler, I offer 
an amendment which expresses the sense of the Senate that Indian 
reservations receive full consideration in selection of future JROTC 
sites.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Pressler, 
     proposes an amendment numbered 2262.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 343, after line 24, insert the following:

     SEC. 1036. ESTABLISHMENT OF JUNIOR R.O.T.C. UNITS IN INDIAN 
                   RESERVATION SCHOOLS.

       It is the sense of Congress that the Secretary of Defense 
     should ensure that secondary educational institutions on 
     Indian reservations are afforded a full opportunity along 
     with other secondary educational institutions to be selected 
     as locations for establishment of new Junior Reserve 
     Officers' Training Corps units.

  Mr. PRESSLER. Mr. President, I rise to offer a sense-of-the-Senate 
amendment which states that as the Junior Reserve Officers Training 
Corps [JROTC] programs expands in the future, the Department of Defense 
will seek to expand JROTC opportunities in schools on Indian 
reservations that seek to participate in the JROTC program. 
Unfortunately, only six of the Nation's 3,500 schools currently 
participating in the JROTC program are located on Indian reservations.
  The JROTC program helps our young people acquire the skills that will 
serve them the remainder of their lives. To achieve this goal, the 
JROTC curriculum includes such topics as American citizenship, history, 
self-discipline, goal-setting, ethics, responsibility, and integrity. 
In short, the JROTC program helps motivate young men and women to 
become better American citizens. I believe the JROTC program is a 
valuable addition to any high school's educational curriculum.

[[Page S11564]]

  Many challenges face native American youth today. Too many Indian 
children grow up without having the opportunities or options available 
to help them achieve their full potential. Native American youth too 
often enter adulthood without the necessary skills to contribute to 
their local communities. As a result, they are unable to reap the 
benefits or meet all the responsibilities of parenthood, citizenship, 
and employment.
  Today's native American youth hold within them the key to the future 
of native American communities. In their heads, hands, and hearts are 
the tools to a better life for them, their family, and their community. 
As their elected representatives, we can help prepare these young 
people for more productive lives by expanding the learning 
opportunities available to them. The JROTC program is one option that 
if made more available on native American reservations, could make a 
big contribution to young people seeking to make a difference for 
themselves. I thank the chairman and ranking member of the Armed 
Services Committee for their cooperation with this amendment. I intend 
to work with Secretary Perry and the other leaders of our Armed Forces 
in determining how we can achieve the goal of a greater JROTC presence 
on native American reservations. I urge my colleagues to join me in 
supporting this amendment.
  Mr. McCAIN. Mr. President, I support this amendment expressing the 
sense of the Senate that secondary educational institutions on Indian 
reservations be afforded full and equal opportunity to be selected as 
locations for establishment of new Junior Reserve Officers' Training 
Corps units.
  Mr. KEMPTHORNE. Mr. President, I believe this amendment has been 
cleared with the other side.
  Mr. FORD. We have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2262) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2263

   (Purpose: To make certain that the Committee on Foreign Relations 
        receives certain reports from the Department of Defense)

  Mr. KEMPTHORNE. Mr. President, on behalf of Senator Helms, I offer an 
amendment which would make certain that the Foreign Relations Committee 
receives certain reports from the Department of Defense.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Helms, 
     proposes an amendment numbered 2263.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 348, beginning on line 23, strike out ``to 
     Congress'' and insert in lieu thereof the following: ``to the 
     Committee on Armed Services and on Foreign Relations of the 
     Senate and the Committees on National Security and on 
     International Relations of the House of Representatives''.
       On page 368, line 7, after ``defense committees'' insert 
     the following: ``, the Committee on Foreign Relations of the 
     Senate, and the Committee on International Relations of the 
     House of Representatives''.

  Mr. KEMPTHORNE. Mr. President, I believe this amendment has been 
cleared with the other side.
  Mr. FORD. Mr. President, we have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2263) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2264

(Purpose: To amend section 1012 to strike out a waiver of congressional 
 notification requirements for transfers of certain vessels to certain 
                           foreign countries)

  Mr. KEMPTHORNE. Mr. President, on behalf of Senator Cohen, I offer an 
amendment that would amend section 1012 of the bill. Section 1012 
authorized the transfer of several ships to certain foreign countries 
under the authority of 10 USC 7307(b)(1). It contained a waiver of the 
requirements contained in the Arms Export Control Act and the Foreign 
Assistance Act to formally notify certain congressional committees of 
the terms of transfer. While inclusion of this waiver reflected an 
established practice of several years duration, these committees have 
now reaffirmed their preference for formal notification. This amendment 
would acknowledge their request and delete the waiver of reporting 
requirements from section 1012.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Cohen, 
     proposes an amendment numbered 2264.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 334, strike out lines 6 through 15.
       On page 334, line 16, strike out ``(d)'' and insert in lieu 
     thereof ``(c)''.
       On page 334, line 19, strike out ``(e)'' and insert in lieu 
     thereof ``(d)''.

  Mr. KEMPTHORNE. Mr. President, I believe this has been cleared with 
the other side.
  Mr. FORD. Mr. President, we have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2264) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2265

   (Purpose: To require reports on arms export control and military 
                              assistance)

  Mr. FORD. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Pryor, 
     proposes an amendment numbered 2265.

  Mr. FORD. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 371, below line 21, add the following:

     SEC. 1062. REPORTS ON ARMS EXPORT CONTROL AND MILITARY 
                   ASSISTANCE.

       (a) Reports by Secretary of State.--Not later than 180 days 
     after the date of the enactment of this Act and every year 
     thereafter until 1998, the Secretary of State shall submit to 
     Congress a report setting forth--
       (1) an organizational plan to include those firms on the 
     Department of State licensing watch-lists that--
       (A) engage in the exportation of potentially sensitive or 
     dual-use technologies; and
       (B) have been identified or tracked by similar systems 
     maintained by the Department of Defense, Department of 
     Commerce, or the United States Customs Service; and
       (2) further measures to be taken to strengthen United 
     States export-control mechanisms.
       (b) Reports by Inspector General.--(1) Not later than 180 
     days after the date of the enactment of this Act and 1 year 
     thereafter, the Inspector General of the Department of State 
     and the Foreign Service shall submit to Congress a report on 
     the evaluation by the Inspector General of the effectiveness 
     of the watch-list screening process at the Department of 
     State during the preceding year. The report shall be 
     submitted in both a classified and unclassified version.
       (2) Each report under paragraph (1) shall--
       (A) set forth the number of licenses granted to parties on 
     the watch-list;
       (B) set forth the number of end-use checks performed by the 
     Department;
       (C) assess the screening process used by the Department in 
     granting a license when applicant is on a watch-list; and
       (D) assess the extent to which the watch-list contains all 
     relevant information and parties required by statute or 
     regulation.
       (c) Annual Military Assistance Report.--The Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by 
     inserting after section 654 the following new section:

     ``SEC. 655 ANNUAL MILITARY ASSISTANCE REPORT.

       ``(a) In General.--Not later than February 1 of 1996 and 
     1997, the President shall transmit to Congress an annual 
     report for the fiscal year ending the previous September 30, 

[[Page S11565]]
     showing the aggregate dollar value and quantity of defense articles 
     (including excess defense articles) and defense services, and 
     of military education and training, furnished by the United 
     States to each foreign country and international 
     organization, by category, specifying whether they were 
     furnished by grant under chapter 2 or chapter 5 of part II of 
     this Act or by sale under chapter 2 of the Arms Control 
     Export Control Act or authorized by commercial sale license 
     under section 38 of that Act.
       ``(b) Additional Contents of Reports.--Each report shall 
     also include the total amount of military items of non-United 
     States manufacture being imported into the United States. The 
     report should contain the country of origin, the type of item 
     being imported, and the total amount of items.''.

  Mr. FORD. Mr. President, this requires the Secretary of State and the 
State Department IG to make various reports on weapons exports. I 
believe it has been cleared on the other side.
  Mr. KEMPTHORNE. Mr. President, this has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2266) was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. KEMPTHORNE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2266

(Purpose: To make miscellaneous amendments to provisions of law enacted 
          in the Federal Acquisition Streamlining Act of 1994)

  Mr. KEMPTHORNE. Mr. President, I send an amendment to the desk on 
behalf of Senator Thurmond which makes clarifying changes in the 
Federal Acquisition Streamlining Act and ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Thurmond, 
     proposes an amendment numbered 2266.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 313, between lines 8 and 9, insert the following:

     SEC. 815. COST AND PRICING DATA.

       (a) Armed Services Procurements--Section 2306a(d)(2)(A)(i) 
     of title 10, United States Code, is amended by striking out 
     ``and the procurement is not covered by an exception in 
     subsection (b),'' and inserting in lieu thereof ``and the 
     offeror or contractor requests to be exempted from the 
     requirement for submission of cost or pricing data pursuant 
     to this subsection,''.
       (b) Civilian Agency Procurements.--Section 304a(d)(2)(A)(i) 
     of the Federal Property and Administration Services Act of 
     1949 (41 U.S.C. 254b(d)(2)(A)(i)) is amended by striking out 
     ``and procurement is not covered by an exception in 
     subsection (b),'' and inserting in lieu thereof ``and the 
     offeror or contractor requests to be exempted from the 
     requirement for submission of cost or pricing data pursuant 
     to this subsection,''.

     SEC. 816. PROCUREMENT NOTICE TECHNICAL AMENDMENTS.

       Section 18(c)(1)(E) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 416(c)(1)(E)) is amended by inserting 
     after ``requirements contract'' the following: ``, a task 
     order contract, or a delivery order contract''.

     SEC. 817. REPEAL OF DUPLICATIVE AUTHORITY FOR SIMPLIFIED 
                   ACQUISITION PURCHASES.

       Section 31 of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 427) is amended--
       (1) by striking out subsections (a), (b), and (c);
       (2) by redesignating subsections (d), (e), and (f) as (a), 
     (b), and (c), respectively;
       (3) in subsection (b), as so redesignated, by striking out 
     ``provided in the Federal Acquisition Regulation pursuant to 
     this section'' each place it appears and inserting in lieu 
     thereof ``contained in the Federal Acquisition Regulation''; 
     and
       (4) by adding at the end the following:
       ``(d) Procedures Defined.--The simplified acquisition 
     procedures referred to in this section are the simplified 
     acquisition procedures that are provided in the Federal 
     Acquisition Regulation pursuant to section 2304(g) of title 
     10, United States Code, and section 303(g) of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     253(g)).''.

     SEC. 818. MICRO-PURCHASES WITHOUT COMPETITIVE QUOTATIONS.

       Section 32(d) of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 428) is amended by striking out ``the 
     contracting officer'' and inserting in lieu thereof ``an 
     employee of an executive agency or a member of the Armed 
     Forces of the United States authorized to do so''.

  Mr. THURMOND. Mr. President, this is an amendment containing a series 
of clarifying changes to the Federal Acquisition Streamlining Act of 
1994. These are part of a number of changes that the administration has 
asked us to make to the legislation in light of experience with 
implementation of the new law. The Members of the Senate will note that 
title 8 of the defense authorization bill contains a number of these 
relatively minor changes to title 10 of the United States Code to 
advance the streamlining of the acquisition process. The changes in my 
amendment would affect other parts of the United States Code that are 
not solely within our committee's jurisdiction. This amendment has been 
coordinated with the Committees on Governmental Affairs and Small 
Business. It has been cleared on both sides. I ask that the amendment 
be agreed to.
  Mr. KEMPTHORNE. I believe this has been cleared by the other side.
  Mr. FORD. We have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2266) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2267

 (Purpose: To strike out provisions that amend title 38, United States 
                 Code, relating to veterans' benefits)

  Mr. KEMPTHORNE. Mr. President, I send an amendment to the desk and 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Thurmond, 
     proposes an amendment numbered 2267.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 381, beginning on line 5, strike out ``(a)'' and 
     all that follows through ``Activities.--'' on line 6.
       On page 381, strike out lines 13 through 16.
       On page 403, strike out lines 5 through 16.

  Mr. THURMOND. Mr. President, this amendment clarifies how we will 
deal with three issues with which the Armed Services Committee shares 
an interest with the Veterans' Affairs Committee.
  Our bill includes three provisions which are of interest to the 
Department of Defense and the Department of Veterans' Affairs. I am 
pleased that Senator Simpson, chairman of the Veterans' Affairs 
Committee, and I have been able to agree on how our two Committees will 
work together to ensure the needs of both Departments are accommodated.
  This amendment strikes section 1094, ``Extension of the Vietnam 
Era,'' and section 1075(b) which would eliminate a joint DOD-DVA report 
which the Veterans' Affairs Committee would like to retain. I have been 
assured that the Veterans Affairs' will work in their legislation to 
extend the Vietnam era as requested by the Army.
  As for the joint DOD-DVA report, the Armed Services Committee 
eliminated a large number of unneeded or outdated reporting 
requirements. It was not our intention to eliminate any report for 
which there is a valid requirement. I agree to retain this DOD-DVA 
health care sharing report.
  The Veterans Affairs' Committee also has an interest in section 644 
which makes the maximum coverage under the servicemen's group life 
insurance plan automatic. The change in the amount of coverage 
automatically available to those who elect to participate in the 
servicemen's group life insurance plan is important to the Department 
of Defense and contributes to improved quality of life for service 
members and their families. I have worked closely with the 
distinguished chairman of the Veterans' Affairs Committee to develop 
this legislation. I am pleased that we have been able to make this 
change in a cooperative manner.
  I thank Senator Simpson, the chairman, and Senator Rockefeller, the 
ranking member, of the Veterans' Affairs Committee for their assistance 
as 

[[Page S11566]]
we addressed these issues of mutual interest. Together we have been 
able to move forward with legislation which is beneficial to active and 
reserve military personnel and veterans.
  I understand this amendment has been agreed to on both sides and I 
urge its adoption.
  Mr. KEMPTHORNE. Mr. President, I believe this has been cleared.
  Mr. FORD. We have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2267) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2268

 (Purpose: To establish and maintain a Battlefield Integration Center 
      for the integration of missile defense warfighting pillars)

  Mr. KEMPTHORNE. Mr. President, I send an amendment to the desk on 
behalf of Senators Shelby and Heflin and ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Shelby and 
     Mr. Heflin, proposes an amendment numbered 2268.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       (a) On page 32, before line 20, section 201(4) is amended 
     by adding the following new subsection:
       (c) 475,470,000 is authorized for Other Theater Missile 
     Defense, of which up to $25,000,000 may be made available for 
     the operation of the Battlefield Integration Center.

  Mr. SHELBY. Mr. President, the Army's Space and Strategic Defense 
Command has created a promising concept for the integration of the 
pillars of missile defense. Currently, there are no integrated 
warfighting scenario simulations available for a comprehensive 
integration of active defense, passive defense, attack operations and 
battlefield management. SSDC proposes to make fully operational a 
battlefield integration center to provide this virtually needed 
service. Certainly, the gulf war demonstrated that missile defense is 
not simply missile intercept.
  Instead, comprehensive missile defense involves a myriad of 
activities ranging from the preparation of civilian populations for 
attack to the active suppression of an enemy's missile capabilities. 
Without coordination between these elements, we cannot maximize our 
missile defense capabilities. Increased coordination and integrated 
battlefield simulations will allow us to fully utilize these 
capabilities and create far more effective and comprehensive missile 
defense plans.
  In addition, the integration and coordination offered by the BIC is 
not a distant technology. The computing and communications hardware is 
already in place that will allow the BIC to create missile defense 
plans for actual theater and regional conflicts involving U.S. forces. 
The BIC will instantaneously allow U.S. commanders to download and 
receive comprehensive missile defense battle plans based upon the 
existing ground conditions.
  The BIC is a cost-effective, immediately available resource that will 
fill a large void in our missile defense system and I thank the Senate 
for its support.
  Mr. KEMPTHORNE. Mr. President, this would authorize funds for the 
Battlefield Integration Center, which is very important for our theater 
defense program.
  This has been cleared on both sides.
  Mr. FORD. We have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2268) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2269

    (Purpose: To clarify the use of existing technologies under the 
 requirements relating to national missile defense system architecture)

  Mr. FORD. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Heflin and 
     Mr. Shelby, proposes an amendment numbered 2269.

  Mr. FORD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 58, line 13, insert ``, except that Minuteman 
     boosters may not be used as part of a National Missile 
     Defense architecture'' before the period at the end.

  Mr. HEFLIN. Mr. President, this is an amendment which would prevent 
the use of Minuteman missile boosters as part of an NMD architecture. 
The reason for this amendment is the clear fact that using these 
boosters in this fashion would be a clear violation of the START I 
Treaty.
  The START I Treaty is the true centerpiece of modern arms control. I 
am confident that no member of this body supports abandoning this 
treaty, so I hope this amendment will enjoy the full support of the 
Senate.
  Mr. FORD. Mr. President, this amendment would prevent the use of 
Minuteman missile boosters as part of the NMD architecture.
  I understand it has been cleared.
  Mr. KEMPTHORNE. This amendment has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2269) was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote.
  Mr. KEMPTHORNE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2270

  (Purpose: To require the Director of the Ballistic Missile Defense 
Organization to establish a Ballistic Missile Defense Technology Center 
      within the Space and Strategic Defense Command of the Army)

  Mr. FORD. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Shelby and 
     Mr. Heflin, proposes an amendment numbered 2270.

  Mr. FORD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 69, between lines 9 and 10, insert the following:

     SEC. 242. BALLISTIC MISSILE DEFENSE TECHNOLOGY CENTER.

       (a) Establishment.--The Director of the Ballistic Missile 
     Defense Organization shall establish a Ballistic Missile 
     Defense Technology Center within the Space and Strategic 
     Defense Command of the Army.
       (b) Mission.--The missions of the Center are as follows:
       (1) To maximize common application of ballistic missile 
     defense component technology programs, target test programs, 
     functional analysis and phenomenology investigations.
       (2) To store data from the missile defense technology 
     programs of the Armed Forces using computer facilities of the 
     Missile Defense Data Center.
       (c) Technology Program Coordination With Center.--The 
     Secretary of Defense, acting through the Director of the 
     Ballistic Missile Defense Organization, shall require the 
     head of each element or activity of the Department of Defense 
     beginning a new missile defense program referred to in 
     subsection (b)(1) to first coordinate the program with the 
     Ballistic Missile Defense Technology Center in order to 
     prevent duplication of effort.

  Mr. HEFLIN. Mr. President, the purpose of this amendment, creating a 
Ballistic Missile Defense Technology Center, is to improve the 
efficiency of the BMD technology program, in the face of a shrinking 
technology budget. With the increased emphasis on acquisition of 
theater missile defense systems, clearly justified by the imminent and 
expanding theater missile threat, the BMD technology budget has been 
squeezed to the point that built-in technical obsolescence of emerging 
BMD systems is a serious possibility. In effect, we are eating our seed 
corn.
  This amendment recognizes that because the BMD technology budget is 
dangerously close to an inadequate level, it is critically important 
that the dollars that are available are spent wisely. We must be 
vigilant to avoid 

[[Page S11567]]
duplication of effort and waste of funds on technologies of 
questionable priority. With all three services, and other agencies, 
spending BMD technology dollars on related areas of technology, the 
opportunities for duplication are clearly evident. Further screening 
and coordination of candidate technology tasks is urgently needed to 
assure that scarce technology funds are properly allocated.
  The U.S. Army Space and Strategic Command, an organization that has 
been at the forefront of BMD research and development for 40 years, is 
the ideal center for carrying out the necessary screening and 
coordination of BMD technology. Acting as executive agent to the BMD 
office, this organization can bring an unparalleled record of technical 
experience and performance excellence to this challenging coordination 
function. In the current BMD technology program, this organization is 
immersed in all of the critical BMD technologies and it has a core of 
engineers and scientists that can immediately assume a coordination 
role. It constitutes a ``smart buyer'' of BMD technology, proven over 
time, and it can contribute immensely to a more efficient utilization 
of the technology budget.
  Mr. FORD. Mr. President, this amendment establishes a ballistic 
missile defense technology center within the strategic defense command 
of the army.
  This has been cleared.
  Mr. KEMPTHORNE. It has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2270) was agreed to.
  Mr. FORD. I move to reconsider the vote.
  Mr. KEMPTHORNE. I move to lay that on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2271

(Purpose: To revise Section 1055 concerning military cooperation from a 
            United States Policy to a sense of the Congress)

  Mr. KEMPTHORNE. Mr. President, I send an amendment to the desk and 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Helms, 
     proposes an amendment numbered 2271.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       Beginning on page 359, strike out lines 20 and 21, and 
     insert in lieu thereof the following:
       (b) Sense of Congress.--It is the sense of Congress that--

  Mr. KEMPTHORNE. I believe this has been cleared with the other side.
  Mr. FORD. It has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2271) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2272

   (Purpose: To revise and improve the base closure and realignment 
                                process)

  Mr. KEMPTHORNE. Mr. President, I send an amendment to the desk and 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. McCain and 
     Mrs. Feinstein, proposes an amendment numbered 2272.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 468, below line 24, add the following:

     SEC. 2825. IMPROVEMENT OF BASE CLOSURE AND REALIGNMENT 
                   PROCESS.

       (a) Applicability.--Subparagraph (A) of section 2905(b)(7) 
     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 striking out ``Determinations of the use to 
     assist the homeless of buildings and property located at 
     installations approved for closure under this part'' and 
     inserting in lieu thereof ``Procedures for the disposal of 
     buildings and property located at installations approved for 
     closure or realignment under this part''.
       (b) Redevelopment Authorities.--Subparagraph (B) of such 
     section is amended by adding at the end the following:
       ``(iii) The chief executive officer of the State in which 
     an installation covered by this paragraph is located may 
     assist in resolving any disputes among citizens or groups of 
     citizens as to the individuals and groups constituting the 
     redevelopment authority for the installation.''.
       (c) Agreements Under Redevelopment Plans.--Subparagraph 
     (F)(ii)(I) of such section is amended in the second sentence 
     by striking out ``the approval of the redevelopment plan by 
     the Secretary of Housing and Urban Development under 
     subparagraph (H) or (J)'' and inserting in lieu thereof ``the 
     decision regarding the disposal of the buildings and property 
     covered by the agreements by the Secretary of Defense under 
     subparagraph (K) or (L)''.
       (d) Revision of Redevelopment Plans.--Subparagraph (I) of 
     such section is amended by inserting ``the Secretary of 
     Defense and'' before ``the Secretary of Housing and Urban 
     Development'' each place it appears.
       (e) Disposal of Buildings and Property.--(1) Subparagraph 
     (K) of such section is amended to read as follows:
       ``(K)(i) Upon receipt of a notice under subparagraph 
     (H)(iv) or (J)(ii) of the determination of the Secretary of 
     Housing and Urban Development that a redevelopment plan for 
     an installation meets the requirements set forth in 
     subparagraph (H)(i), the Secretary of Defense shall dispose 
     of the buildings and property at the installation.
       ``(ii) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary shall treat the redevelopment plan for the 
     installation (including the aspects of the plan providing for 
     disposal to State or local governments, representatives of 
     the homeless, and other interested parties) as part of the 
     proposed Federal action for the installation.
       ``(iii) The Secretary shall dispose of buildings and 
     property under clause (i) in accordance with the record of 
     decision or other decision document prepared by the Secretary 
     in accordance with the National Environmental Policy Act of 
     1969 (42 U.S.C. 4331 et seq.) In preparing the record of 
     decision or other decision document, the Secretary shall give 
     substantial deference to the redevelopment plan concerned.
       ``(iv) The disposal under clause (i) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       ``(v) In the case of a request for a conveyance under 
     clause (i) of buildings and property for public benefit under 
     section 203(k) of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 484(k)) and subchapter II of 
     chapter 471 of title 49, United States Code, the applicant 
     and use proposed in the request shall be determined to be 
     eligible for the public benefit conveyance under the 
     eligibility criteria set forth in such section or such 
     subchapter. The determination of such eligibility should be 
     made before the redevelopment plan concerned under 
     subparagraph (G) ''.
       (2) Subparagraph (L) of such section is amended by striking 
     out clauses (iii) and (iv) and inserting in lieu thereof the 
     following new clauses (iii) and (iv):
       ``(iii) Not later than 90 days after the date of the 
     receipt of a revised plan for an installation under 
     subparagraph (J), the Secretary of Housing and Urban 
     Development shall--
       ``(I) notify the Secretary of Defense and the redevelopment 
     authority concerned of the buildings and property at an 
     installation under clause (i)(IV) that the Secretary of 
     Housing and Urban Development determines are suitable for use 
     to assist the homeless; and
       ``(II) notify the Secretary of Defense of the extent to 
     which the revised plan meets the criteria set forth in 
     subparagraph (H)(i).
       ``(iv)(I) Upon notice from the Secretary of Housing and 
     Urban Development with respect to an installation under 
     clause (iii), the Secretary of Defense shall, after 
     consultation with the Secretary of Housing and Urban 
     Development and redevelopment authority concerned, dispose of 
     buildings and property at the installation.
       ``(II) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary shall treat the redevelopment plan for the 
     installation (including the aspects of the plan providing for 
     disposal to State or local governments, representatives of 
     the homeless, and other interested parties) as part of the 
     proposed Federal action for the installation.
       ``(III) The Secretary shall dispose of buildings and 
     property under subclause (I) in accordance with the record of 
     decision or other decision document prepared by the Secretary 
     in accordance with the National Environmental Policy Act of 
     1969 (42 U.S.C. 4331 et seq.) In preparing the record of 
     decision or other decision document, the Secretary shall give 
     deference to the redevelopment plan concerned.
       ``(IV) The disposal under subclause (I) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       ``(V) In the case of a request for a conveyance under 
     clause (i) of buildings and property for public benefit under 
     section 203(k) of the Federal Property and Administrative 

[[Page S11568]]
     Services Act of 1949 (40 U.S.C. 484(k)) and subchapter II of chapter 
     471 of title 49, United States Code, the applicant and use 
     proposed in the request shall be determined to be eligible 
     for the public benefit conveyance under the eligibility 
     criteria set forth in such section or such subchapter. The 
     determination of such eligibility should be made before the 
     redevelopment plan concerned under subparagraph (G) ''.
       (f) Conforming Amendment.--Subparagraph (M)(i) of such 
     section is amended by inserting ``or (L)'' after 
     ``subparagraph (K)''.
       (g) Clarification of Participants In Process.--Such section 
     is further amended by adding at the end the following:
       ``(P) For purposes of this paragraph, the term `other 
     interested parties', in the case of an installation, includes 
     any parties eligible for the conveyance of property of the 
     installation under section 203(k) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 484(k)) or 
     subchapter II of chapter 471 of title 49, United States Code, 
     whether or not the parties assist the homeless.''.
       (h) Technical Amendments.--Section 2910 of such Act is 
     amended--
       (1) by designating the paragraph (10) added by section 2(b) 
     of the Base Closure Community Redevelopment and Homeless 
     Assistance Act of 1994 (Public Law 103-421; 108 Stat. 4352) 
     as paragraph (11); and
       (2) in such paragraph, as so designated, by striking out 
     ``section 501(h)(4) of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11411(h)(4))'' and inserting in 
     lieu thereof ``section 501(i)(4) of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11411(i)(4))''.

     SEC. 2826. EXERCISE OF AUTHORITY DELEGATED BY THE 
                   ADMINISTRATOR OF GENERAL SERVICES.

       Section 2905(b)(2) 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--
       (1) in subparagraph (A)--
       (A) by striking out ``Subject to subparagraph (C)'' in the 
     matter preceding clause (i) and inserting in lieu thereof 
     ``Subject to subparagraph (B)''; and
       (B) by striking out ``in effect on the date of the 
     enactment of this Act'' each place it appears in clauses (i) 
     and (ii);
       (2) by striking out subparagraphs (B) and (C) and inserting 
     in lieu thereof the following new subparagraph (B):
       ``(B) The Secretary may, with the concurrence of the 
     Administrator of General Services--
       ``(i) prescribe general policies and methods for utilizing 
     excess property and disposing of surplus property pursuant to 
     the authority delegated under paragraph (1); and
       ``(ii) issue regulations relating to such policies and 
     methods which regulations supersede the regulations referred 
     to in subparagraph (A) with respect to that authority.''; and
       (3) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (C) and (D), respectively.

     SEC. 2827. LEASE BACK OF PROPERTY DISPOSED FROM INSTALLATIONS 
                   APPROVED FOR CLOSURE OR REALIGNMENT.

       (a) Authority.--Section 2905(b)(4) 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--
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively; and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C)(i) The Secretary may transfer real property at an 
     installation approved for closure or realignment under this 
     part (including property at an installation approved for 
     realignment which property will be retained by the Department 
     of Defense or another Federal agency after realignment) to 
     the redevelopment authority for the installation if the 
     redevelopment authority agrees to lease, directly upon 
     transfer, all or a significant portion of the property 
     transferred under this subparagraph to the Secretary or to 
     the head of another department or agency of the Federal 
     Government. Subparagraph (B) shall apply to a transfer under 
     this subparagraph.
       ``(ii) A lease under clause (i) shall be for a term of not 
     to exceed 50 years, but may provide for options for renewal 
     or extension of the term by the department or agency 
     concerned.
       ``(iii) A lease under clause (i) may not require rental 
     payments by the United States.
       ``(iv) A lease under clause (i) shall include a provision 
     specifying that if the department or agency concerned ceases 
     requiring the use of the leased property before the 
     expiration of the term of the lease, the remainder of the 
     lease term may, upon approval by the redevelopment authority 
     concerned, be satisfied by the same or another department or 
     agency of the Federal Government using the property for a use 
     similar to the use under the lease.''.
       (b) Use of Funds To Improve Leased Property.--
     Notwithstanding any other provision of law, a department or 
     agency of the Federal Government that enters into a lease of 
     property under section 2905(b)(4)(C) of the such Act, as 
     amended by subsection (a), may use funds appropriated or 
     otherwise available to the department or agency for such 
     purpose to improve the leased property.

     SEC. 2828. PROCEEDS OF LEASES AT INSTALLATIONS APPROVED FOR 
                   CLOSURE OR REALIGNMENT.

       (a) Interim Leases.--Section 2667(d) of title 10, United 
     States Code, is amended--
       (1) in paragraph (1)(A)--
       (A) by striking out ``and'' at the end of clause (i);
       (B) by striking out the period at the end of clause (ii) 
     and inserting in lieu thereof ``; and''; and
       (C) by adding at the end the following:
       ``(iii) money rentals referred to in paragraph (5).''; and
       (2) by adding at the end the following:
       ``(5) Money rentals received by the United States under 
     subsection (f) shall be deposited in the Department of 
     Defense Base Closure Account 1990 established under section 
     2906(a) 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).''.
       (b) Deposit in 1990 Account.--Section 2906(a)(2) 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--
       (1) in subparagraph (C)--
       (A) by striking out ``transfer or disposal'' and inserting 
     in lieu thereof ``transfer, lease, or other disposal''; and
       (B) by striking out ``and'' at the end;
       (2) in subparagraph (D)--
       (A) by striking out ``transfer or disposal'' and inserting 
     in lieu thereof ``transfer, lease, or other disposal''; and
       (B) by striking out the period at the end and inserting in 
     lieu thereof ``; and''; and
       (3) by adding at the end the following:
       ``(E) money rentals received by the United States under 
     section 2667(f) of title 10, United States Code.''.

  Mr. McCAIN. Mr. President, the base realignment and closure process 
has been a necessary evil we have all had to endure in order to reduce 
military infrastructure to a size appropriate for our smaller, post-
cold war military. While most of us have supported the spirit of this 
measure, few would insist that improvements to the process are 
unnecessary.
  Earlier this year I offered S. 803 in hopes of dramatically 
streamlining the process and accelerating the economic recovery time of 
affected communities. I withdrew this amendment at the urging of the 
Department of Defense, in order to allow the Department time to 
complete and promulgate regulations they were in the process of 
designing to accomplish similar goals. I am pleased to say that their 
work had been fruitful.
  The amendment we now offer seeks to address those issues that remain 
problematic; some for the Department of Defense and others for 
communities directly affected by base closures.
  The most common complaints arising from communities participating in, 
and affected by, surplus military base disposal include: lack of equity 
for all parties participating in the process, and, extensive lapses of 
time between closure decision and ultimate reuse.
  The latter of these two issues seems to be adequately addressed by 
the Department of Defense's new regulations, as we had hoped for. It 
appears that DOD's plan offers a realistic approach to the process that 
allows for flexibility where the process requires it and strict time-
lines where they are appropriate. The former issue, equity among 
parties interested in reusing former military property, is dealt with 
in the amendment we now offer.
  Through the first three rounds of base closure, be have witnessed how 
difficult it is to dispose of excess military real estate. While the 
BRAC process was not created to provide disproportionate benefits to 
specific groups of individuals, it became apparent quite early that 
this was in fact an unintended consequence.
  Our amendment would put an end to these practices. This legislation 
levels the playing field by limiting opportunities to acquire property 
to those that exist by working with the recognized Local Redevelopment 
Authority.
  We have the opportunity to alleviate many significant concerns held 
by communities that will undergo change as a result of the 1995 BRAC 
round. This amendment is simple. This amendment improves a process that 
is greatly in need of improvement. This amendment provides a 
desperately needed solution; we cannot fail to act.
  Mrs. FEINSTEIN. Mr. President, I rise to support the amendment 
offered by the Senator from Arizona [Mr. McCain] which would improve 
the base closure process by giving more control to the local community 
in reuse and redevelopment decisions. I am happy to be an original 
cosponsor of this amendment.
  Last year I helped draft legislation that exempts military bases from 
the McKinney Homeless Assistance Act. This legislation, the Base 
Closure Community Redevelopment and Homeless 

[[Page S11569]]
Assistance Act of 1994, passed Congress and was signed into law by the 
President last October.
  Under the new legislation, instead of being given the right of first 
refusal to base property, homeless assistance providers were given a 
seat at the reuse table with the local redevelopment authority. After a 
reuse plan is developed on the local level, the Secretary of Housing 
and Urban Development would review the plan to ensure that the needs of 
the homeless were met. After the HUD Secretary's approval, the 
Secretary of Defense would dispose of the buildings and property at the 
closing base.
  While the new law is a substantial improvement over the old base 
closure and reuse law as well as the McKinney Act provisions, I think 
more should be done to empower communities, put base reuse decisions in 
the hands of local officials, and remove a Federal mandate.
  The McCain/Feinstein amendment amends the new law by requiring the 
Secretary of Defense to simply consult with the Secretary of HUD over 
the reuse plan that is development by the redeveloped authority; it 
removes HUD's veto power over the reuse plan.
  Homeless assistance providers would still be guaranteed a seat at the 
reuse table, and redevelopment authorities would still be required to 
accept expressions of interest for base property by homeless assistance 
groups and other interested parties. In addition, the Secretary of HUD 
would still review the final reuse plan to ascertain if the needs of 
the homeless have been met, and have the ability to consult with the 
redevelopment authority.
  However, instead of the Secretary of HUD approving or disapproving 
the reuse plan, the Secretary of Defense would make the final decision. 
The Secretary of Defense would simply consult with the Secretary of HUD 
before making any property disposal decisions. Furthermore, the local 
redevelopment plan--developed by the local community and local elected 
officials--would be given deference by the Secretary of Defense.
  I believe this amendment would substantially improve last year's Base 
Closure Community Redevelopment and Homeless Assistance Act. Yet, this 
amendment does not go as far as the House of Representative's version 
of the Defense Authorization Act, which contains an amendment offered 
by Representatives Bilbray and Molinari.
  The Bilbray-Molinari amendment would completely repeal the Base 
Closure Community Redevelopment and Homeless Assistance Act and exempt 
all military bases from the McKinney Act.
  In addition to disrupting the base reuse process, the Bilbray-
Molinari amendment would prevent homeless assistance providers from 
acquiring base property at no cost--even when communities want to 
transfer property for homeless use--and would not guarantee that they 
have a seat at the reuse table.
  The McCain-Feinstein amendment still guarantees that homeless 
assistance providers will have an opportunity to acquire base property, 
but it puts base reuse decisions in the hands of local officials who 
know what is best for their communities.
  This amendment also contains some other provisions that will assist 
in the base closure and reuse process. These include:
  Base realignments: This provision would make a technical amendment to 
the Base Closure Community Redevelopment and Homeless Assistance Act of 
1994 by including base realignments, in addition to base closures. 
Current law requires the Secretary of Defense to dispose of base 
property in accordance with the sometimes outdated Federal Property and 
Administrative Services Act regulations. This provision allows the 
Secretary, in consultation with GSA, to prescribe general policies and 
methods for utilizing excess property and disposing of surplus property 
which are unique to base closure situations.
  Lease back of base closure property: This provision would allow base 
closure property, that is still needed by the Department of Defense or 
another Federal agency, to be transferred to a local redevelopment 
authority provided that the LRA leases back the property to DOD or the 
Federal agency on favorable terms, that is: long term lease, nominal 
rent. This provision is needed to improve the planning and 
redevelopment of base closure property by providing local communities 
with certainty over the future use and availability of the property 
should the DOD or Federal occupant vacate.
  Leasing proceeds: This provision would require that leasing proceeds 
for property at closing or realigning bases be deposited into the BRAC 
account, rather than a special Treasury account. This would treat 
leasing proceeds in the same fashion as sale proceeds from BRAC 
property. It would make additional funds available to base closure and 
environmental clean-up activities, thus speeding transfer of property 
to the local community and, thus, economic redevelopment of a closing 
base.
  The McCain-Feinstein amendment makes various changes to existing law 
to improve the base closure and reuse process, and speed economic 
redevelopment of closing military bases. I urge my colleagues support 
of this amendment.
  I ask unanimous consent that a letter from the U.S. Conference of 
Mayors in support of this amendment be placed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                 The United States


                                         Conference of Mayors,

                                   Washington, DC, August 3, 1995.
     Hon. Dianne Feinstein,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Feinstein: At our June 1995 meeting, The U.S. 
     Conference of Mayors adopted the attached resolution on ``A 
     National Action Plan on Military Base Closings.'' I would 
     draw your attention to item 6. This was adopted in response 
     to the House passed Molinari amendment to the 1996 Defense 
     Authorization Bill which would repeal the 1994 BRAC and 
     Homeless Assistance Act.
       The U.S. Conference of Mayors believes that local 
     governments which do not desire transfer for homeless 
     services should not be subject to HUD approval of their reuse 
     plans. However, we support the ability of the federal 
     government to transfer property under existing law 
     provisions, at no cost to the local community or the homeless 
     provider, if so desired by the local government.
       As the mayor of a city with a naval facility on the 1991 
     BRAC closure list, I am concerned about the House amendment 
     which would deny us the ability to implement the homeless 
     provisions of our local reuse plan.
       In Seattle, our adopted reuse plan has a substantial 
     homeless component of which we are proud and anxious to 
     implement, as it will greatly add to our services to assist 
     homeless people in becoming self-sufficient. Without the 
     property transfer positions nullified in the Molinari 
     amendment, our critical homeless component is seriously 
     jeopardized.
       Therefore, I urge you to provide for local flexibility and 
     control while not eliminating the homeless property transfer 
     provisions for local governments desiring such transfer.
           Sincerely,
                                                   Norman B. Rice,
                                    Mayor of Seattle, President.  
  Mr. GLENN. Mr. President, we have agreed to accept the amendment by 
Senators McCain and Feinstein which aims to revise and improve the base 
closure and realignment process. This is certainly not the first time 
that we have tried to improve this process. In 1993, under President 
Clinton's leadership, we passed significant revisions to the BRAC 
process which were aimed to give local, impacted communities a greater 
say in their own future. Those provisions were aimed to help speed up 
the process by which communities can initiate economic development 
efforts to move forward. Again last year another effort was made to 
revise the BRAC property disposal process. This effort resulted in 
legislation which quickened the property disposal process, with 
particular regard to addressing the needs of the homeless.
  While I believe that the amendment before us addresses some 
legitimate problems in the current BRAC process, for example it gives 
DOD the authority to utilize recent regulations promulgated by GSA, I 
am concerned about some particular areas. Overall, my greatest concern 
is that we have not given the existing process a chance to work. Only 
last month did DOD issue its regulations, developed after extensive 
interagency and public comment, which implement the 1993 and 1994 BRAC 
legislation I just mentioned. Communities are having a difficult enough 
time coping with the closure of 

[[Page S11570]]
their particular base without trying to determine which set of 
regulations, or which property disposal process, they need to operate 
under. Should this legislation result in another rewrite of the 
implementing regulation, it will translate directly into further delays 
for the communities.
  I am also concerned about the lease-back provisions of this 
legislation. I am concerned that the Federal Government's interest be 
fully protected in the cases where it retains a presence at a closing 
base. I recognize the need for communities to have assurances that 
future Federal use of these facilities is compatible with their own 
reuse plan. However, we must protect all taxpayers' interest as well. 
With regard to this provision as we proceed to conference with the 
House, I intend to seek the comments of the General Services 
Administration to ensure that appropriate controls are in place for 
future leasing.
  Another concern is whether the Secretary of Housing and Urban 
Development has the necessary authority to provide their comments to 
the local redevelopment plan--and ensure that these comments are 
addressed. This provision is particularly important with regards to the 
concerns of the homeless.
  Mr. President, as we proceed to conference, I look forward to 
obtaining additional comments of the relevant officials in the 
Department of Defense, the Department of Housing and Urban Development, 
as well as the General Services Administration regarding these 
provisions.
  Mr. THURMOND. Mr. President, as a Member representing a State that is 
experiencing the realities of base closure, I welcome any effort to 
expedite the closure process and protect the redevelopment plan 
developed by the communities. This is a good step in that direction. It 
strengthens the Secretary of Defense's authority to review the base 
reuse plan and whether or not it has given appropriate consideration to 
the needs of the homeless or other interested party.
  Mr. President, I especially support the provision of this amendment 
which allows the military departments to convey base closure property 
to local redevelopment authorities, if the property is still required 
by the department or another Federal agency, as long as the needed 
property will be leased back for a 50-year renewable lease at no cost. 
The change satisfies both the Department of Defense or other Federal 
need for available property, while at the same time providing the local 
community with certainty over future use of the property should the 
Federal agency leave. It also provides the local community with the 
ownership it often needs to redevelop the base to make needed 
infrastructure improvements. The permissive authority of this 
legislation is designed to be used infrequently and primarily for small 
parcels or individual buildings which are surrounded by property which 
will be conveyed to the local community.
  Mr. President, this legislation will be of great benefit to 
Charleston, SC, and other communities throughout the Nation. I support 
the amendment and urge its adoption.
  Mr. FORD. This has been cleared on both sides.
  Mr. KEMPTHORNE. Yes, this has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2272) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2273

  (Purpose: To improve the provision relating to restoration advisory 
                                boards)

  Mr. FORD. Mr. President, I send an amendment to the desk ask for its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Kohl, 
     proposes an amendment numbered 2273.

  Mr. FORD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 89, strike out lines 13 through 22 and insert in 
     lieu thereof the following:
       ``(2) The commander of an installation may obtain technical 
     assistance under paragraph (1) for a technical review 
     committee or restoration advisory board only if--
       ``(A) the technical review committee or restoration 
     advisory board demonstrates that the Federal, State, and 
     local agencies responsible for overseeing environmental 
     restoration at the installation, and available Department of 
     Defense personnel, do not have the technical expertise 
     necessary for achieving the objective for which the technical 
     assistance is to be obtained;
       ``(B) the technical assistance is likely to contribute to 
     the efficiency, effectiveness, or timeliness of environmental 
     restoration activities at the installation; and
       ``(C) the technical assistance is likely to contribute to 
     community acceptance of environmental restoration activities 
     at the installation.''.
       On page 90, line 20, strike out ``until'' and insert in 
     lieu thereof ``after March 1, 1996, unless''.

  Mr. KOHL. Mr. President, my amendment seeks to improve the provisions 
relating to restoration advisory boards by helping them to acquire 
independent technical assistance. These boards are a crucial way of 
getting the community around a Defense Department cleanup site involved 
in the process. For these local groups to feel confident that the 
Department of Defense is adequately cleaning up these sites, they may 
need to rely on outside sources of information and analysis. Many times 
communities are unwilling to accept the Government's claim that they 
have done the job adequately, and want an external source to help them 
consider the data. The provisions in this amendment will make sure that 
they have access to the administrative and independent technical 
support they seek.
  I ask unanimous consent that a letter I received from Gary Vest, 
Acting Deputy Under Secretary of Defense for Environmental Security be 
printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                     Office of the


                                   Under Secretary of Defense,

                                   Washington, DC, August 3, 1995.
     Hon. Herbert Kohl,
     United States Senate, Washington, DC.
       Dear Senator Kohl: The purpose of this letter is to respond 
     to your July 27, 1995, letter to the Deputy Under Secretary 
     of Defense (Environmental Security) concerning Section 323 of 
     S. 1026, the FY 1996 Department of Defense Authorization 
     Bill. Responses to the five questions in your letter are 
     provided in the Enclosure.
       Your continued support and commitment to community 
     participation and the Defense Department's restoration 
     advisory board effort is deeply appreciated. If you need 
     additional information, my staff point of contact for this 
     matter is Ms. Marcia Read at (703) 697-9793.
           Sincerely,

                                                 Gary D. Vest,

                                     Acting Deputy Under Secretary
                              of Defense (Environmental Security).
       Enclosure.

  Questions of Senator Herbert Kohl Concerning Section 323 of S. 1026

       Question 1. Will the language in Section 323 in any way 
     obstruct the creation or continued operation of any 
     restoration advisory boards? Do you have any legal opinions 
     on this question?
       Answer 1. Our legal opinion is that Section 323 would cause 
     the Department of Defense (DoD) to suspend operation of 
     existing restoration advisory boards (RABs) until regulations 
     are promulgated, as there would be no available funding 
     source to meet RAB administrative expenses.
       Question 2. Is the language consistent with the regulatory 
     promulgation the Defense Department has initiated to provide 
     technical assistance to RABs?
       Answer 2. The Department has not yet promulgated any 
     regulations to provide technical assistance to RABs. The 
     Department did publish a notice in the Federal Register 
     requesting public comments on various options for providing 
     technical assistance funding to RABs. The closing date to 
     submit written comments was July 24, 1995, and we are 
     currently evaluating the comments we received. We will 
     propose a draft regulation later this year.
       Question 3. Would this language preclude any RAB from 
     receiving technical assistance if the RAB wants to receive 
     technical assistance independent of the installation 
     commander or the environmental contractor providing services 
     to the installation?
       Answer 3. We believe that the precondition outlined in 
     subsection (e)(2) would effectively eliminate independent 
     technical assistance for RABs. It appears that installation 
     commanders would be unable to make the requisite finding 
     regarding the absence of technical expertise without 
     undermining the credibility of the installation's own 
     technical expertise. We understand the existing authority to 
     provide technical assistance was intended to provide RAB 
     members the 

[[Page S11571]]
     means to procure independent, technical advice from a source outside of 
     the Department, and that this authority was not predicated on 
     a finding that the Department's technical experts were in any 
     way deficient.
       Question 4. Does the Defense Department support Section 323 
     as currently drafted?
       Answer 4. The Department is reviewing Section 323 and is 
     considering appealing the language.
       Question 5. After taking into account administrative costs, 
     would there be funds available for technical assistance for 
     RABs under this provision?
       Answer 5. It is difficult to estimate precisely how much of 
     the $4 million would be strictly designated for technical 
     assistance. However, with 200 RABs already in existence, $4 
     million may not be enough to meet even the administrative 
     expenses that may be needed to effectively operate these 
     RABs.

  Mr. FORD. Mr. President, this clarifies language in the bill 
concerning environmental restoration advisory boards.
  This has been cleared.
  Mr. KEMPTHORNE. It has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2273) was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote.
  Mr. KEMPTHORNE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2274

  Mr. NUNN. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Georgia [Mr. Nunn], for Mr. Glenn, 
     proposes an amendment numbered 2274.

  Mr. NUNN. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 110, after line 19, insert the following:

     SEC. 365 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
                   PROGRAMS

       (a) GAO Report.--Not later than December 15, 1995, the 
     Comptroller General of the United States shall provide to the 
     Congressional defense Committees a report on--
       (1) Existing funding mechanisms available to cover the 
     costs associated with the Overseas Humanitarian, Disaster, 
     and Civic Assistance activities through funds provided to the 
     Department of State or the Agency for International 
     Development, and
       (2) if such mechanisms do not exist, actions necessary to 
     institute such mechanisms, including any changes in existing 
     law or regulations.
       On page 70, in line 25, strike out ``$20,000,000'' and 
     insert in lieu thereof ``$60,000,000''.
       On page 70, after line 25, insert the following: The amount 
     authorized to be appropriated by section 301(5) is hereby 
     reduced by $40,000,000.

  Mr. McCAIN. Mr. President, I support this amendment to provide an 
additional $40 million for overseas humanitarian, disaster, and civic 
aid programs. Although I am concerned with any defense funds being 
earmarked for this non-defense mission, I note with approval that this 
is a significant reduction from the administration's requested level.
  I further support the provision requiring the Comptroller General of 
the United States to report to the congressional defense committees any 
actions necessary to ensure that future funding for these activities is 
provided through the Department of State, the U.S. Agency for 
International Development or any successor agency. I think that it is 
important that the Federal Government provide funds for activities 
through appropriate sources. In this case, future international 
humanitarian and disaster assistance activities should be funded 
through those agencies which have primary responsibility for these 
operations. This amendment moves us toward this goal which will allow 
the American people better insight into how their tax dollars are 
spent.
  I will continue to strive to eliminate nondefense spending from the 
DOD budget. I urge the administration to assist in these efforts by 
refraining from including such programs in the DOD budget request. The 
Department of Defense is a military organization and should dedicate 
its resources to those programs which make the greatest contribution to 
national security.
  Mr. NUNN. Mr. President, I urge adoption of the amendment.
  Mr. KEMPTHORNE. Mr. President, this amendment has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2274) was agreed to.
  Mr. NUNN. I move to reconsider the vote.
  Mr. KEMPTHORNE. I move to lay that on the table.
  The motion to lay on the table was agreed to.
  Mr. NUNN. I thank the Senator from Kentucky for handling these 
amendments while I was upstairs doing some negotiation with Senators 
Cohen, Warner, Levin, and others on the ABM matter. We will continue 
that negotiation. We will be discussing with the leaders and our 
colleagues some of the concepts we talked about. We will talk more 
about that on Monday.
  I thank the Senator from Kentucky.


                           Amendment No. 2275

   (Purpose: To state the sense of the Senate on the Midway Islands)

  Mr. KEMPTHORNE. Mr. President, I send an amendment to the desk and 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne], for Mr. Helms, 
     proposes an amendment numbered 2275.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 403, after line 16, add the following:

     SEC. 1095. SENSE OF SENATE ON MIDWAY ISLANDS.

       (a) Findings.--The Senate makes the following findings:
       (1) September 2, 1995, marks the 50th anniversary of the 
     United States victory over Japan in World War II.
       (2) The Battle of Midway proved to be the turning point in 
     the war in the Pacific, as United States Navy forces 
     inflicted such severe losses on the Imperial Japanese Navy 
     during the battle that the Imperial Japanese Navy never again 
     took the offensive against United States or allied forces.
       (3) During the Battle of Midway, an outnumbered force of 
     the United States Navy, consisting of 29 ships and other 
     units of the Armed Forces under the command of Admiral Nimitz 
     and Admiral Spruance, out-maneuvered and out-fought 250 ships 
     of the Imperial Japanese Navy.
       (4) It is in the public interest to erect a memorial to the 
     Battle of Midway that is suitable to express the enduring 
     gratitude of the American people for victory in the battle 
     and to inspire future generations of Americans with the 
     heroism and sacrifice of the members of the Armed Forces who 
     achieved that victory.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Midway Islands and the surrounding seas deserve to 
     be memorialized;
       (2) the historic structures related to the Battle of Midway 
     should be maintained, in accordance with the National 
     Historic Preservation Act, and subject to the availability of 
     appropriations for that purpose.
       (3) appropriate access to the Midway Islands by survivors 
     of the Battle of Midway, their families, and other visitors 
     should be provided in a manner that ensures the public health 
     and safety on the Midway Islands and the conservation and 
     natural resources of those islands in accordance with 
     existing Federal law.

  Mr. HELMS. Mr. President, historic victories such as Midway and 
Gettysburg and Yorktown and Normandy are remembered by memorializing 
the hallowed ground upon which American blood was shed. Historians rank 
the Battle of Midway as one of the most decisive naval battles of all 
time. The Midway Islands, and the surrounding seas where so many 
American lives were sacrificed, deserve to be memorialized as well, and 
that is what this amendment suggests.
  Mr. President, victory at Midway was the turning point in the Pacific 
Theater. During the month of June 1942, a badly outnumbered American 
naval force, consisting of 29 ships and other units of the armed 
forces, under the overall command of Adm. Chester W. Nimitz, out-
maneuvered and out-fought 350 ships of the combined Japanese Imperial 
Fleet. The objectives of the Japanese high command were to occupy the 
Midway Islands and destroy the United States Pacific Fleet, but the 
forces under the command of Admiral Nimitz completely thwarted Japanese 
strategy.
  The outcome of the conflict, Mr. President, was remarkable given the 
fact that U.S. forces were so badly outnumbered. The United 
States lost 163 

[[Page S11572]]
aircraft compared to 286 Japanese aircraft. One American aircraft 
carrier, the U.S.S. Yorktown, and one Destroyer, the U.S.S. Hamman, 
were destroyed. On the other hand, the Japanese Imperial Navy lost five 
ships, four of the ships being the Imperial Navy's main aircraft 
carriers. Almost as devastating was the loss of most of the experienced 
Japanese pilots. At the end of the day, 307 Americans had lost their 
lives. The Japanese navy lost 2,500 men.
  The heroism of many of the American servicemen at Midway often 
required the ultimate sacrifice. Many of the Marine pilots, flying worn 
out and inferior planes, did not live to celebrate the victory at 
Midway. All but five torpedo-plane pilots who attacked the Japanese 
aircraft carrier task force--without protective air cover--were shot 
down. These pilots undoubtedly knew they were flying to an all but 
certain death.
  So severe was the damage inflicted on the Imperial Japanese Navy by 
American airmen and sailors, that Japan never again was able to take 
the offensive against the United States or Allied forces, and the rest, 
as they say, is history.
  Mr. President, victory over the Japanese achieved, of course, by men 
and women from all the U.S. Armed Forces. Certainly at Midway, elements 
of each of the services--Navy, Marines, and U.S. Army Air Corps--were 
heavily engaged, closely coordinated, and paid a high price for their 
bravery. The Midway Islands should be memorialized to honor the 
courageous efforts of all the services when they were called upon to 
defend our Nation and its interests.
  The sacrifice and heroism of these men should never be forgotten--it 
is vital that our sons and daughters never forget what their fathers 
and grandfathers sacrificed for freedom. The Battle of Midway should be 
memorialized for all time, on the Midway Islands, on behalf of a 
grateful Nation.
  Mr. KEMPTHORNE. This has been cleared.
  Mr. NUNN. Mr. President, I urge adoption of the amendment.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 2275) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote.
  Mr. NUNN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. KEMPTHORNE. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DOLE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Burns). Without objection, it is so 
ordered.


                           Amendment No. 2276

 (Purpose: To authorize the Secretary of the Navy to establish a crash 
                 attenuating seats acquisition program)

  Mr. KEMPTHORNE. Mr. President, on behalf of Senators Thurmond, Lott, 
and Inhofe, I offer an amendment to provide for crash attenuating seats 
in H-53E helicopters, a program which would make use of commercially 
developed seats to provide crash protection for passengers.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne] for Mr. Thurmond, 
     Mr. Lott, and Mr. Inhofe, proposes an amendment numbered 
     2276.

  Mr. KEMPTHORNE. I ask unanimous consent further reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

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

     SEC. 125. CRASH ATTENUATING SEATS ACQUISITION PROGRAM.

       (a) Program Authorized.--The Secretary of the Navy may 
     establish a program to procure for, and install in, H-53E 
     military transport helicopters commercially developed, energy 
     absorbing, crash attenuating seats that the Secretary 
     determines are consistent with military specifications for 
     seats for such helicopters.
       (b) Funding.--To the extent provided in appropriations 
     Acts, of the unobligated balance of amounts appropriated for 
     the Legacy Resource Management Program pursuant to the 
     authorization of appropriations in section 301(5) of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 2706), not more than 
     $10,000,000 shall be available to the Secretary of the Navy, 
     by transfer to the appropriate accounts, for carrying out the 
     program authorized in subsection (a)

  Mr. KEMPTHORNE. I believe this has been cleared.
  Mr. NUNN. I urge adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2276) was agreed to.
  Mr. KEMPTHORNE. I move to reconsider the vote.
  Mr. NUNN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2277

  Mr. KEMPTHORNE. On behalf of Senator Smith, I offer an amendment that 
would express the sense of the Senate that the Secretary of Navy should 
name the LHD-7 the U.S.S. Iwo Jima, and name the LPD-17 and all future 
ships of the LPD-17 class after famous Marine Corps battles of famous 
Marine Corps heroes.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne] for Mr. Smith, 
     proposes an amendment numbered 2277.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

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

     SEC.    . NAMING AMPHIBIOUS SHIPS.

       (a) Findings.--The Senate finds that--
       (1) This year is the fiftieth anniversary of the battle of 
     Iwo Jima, one of the great victories in all of the Marine 
     Corps' illustrious history.
       (2) The Navy has recently retired the ship that honored 
     that battle, the U.S.S. Iwo Jima (LPB-2), the first ship in a 
     class of amphibious assault ships.
       (3) This Act authorizes the LHD-7, the final ship of the 
     Wasp class of amphibious assault ships that will replace the 
     Iwo Jima class of ships.
       (4) The Navy is planning to start building a new class of 
     amphibious transport docks, now called the LPD-17 class. This 
     Act also authorizes funds that will lead to procurement of 
     these vessels.
       (5) There has been some confusion in the rationale behind 
     naming new naval vessels with traditional naming conventions 
     frequently violated.
       (6) Although there have been good and sufficient reasons to 
     depart from naming conventions in the past, the rationale for 
     such departures has not always been clear.
       (b) Sense of the Senate.--In light of these findings, 
     expressed in subsection (a), it is the sense of the Senate 
     that the Secretary of the Navy should:
       (1) Name the LHD-7 the U.S.S. Iwo Jima.
       (2) Name the LPD-17 and all future ships of the LPD-17 
     class after famous Marine Corps battles or famous Marine 
     Corps heros.

  Mr. KEMPTHORNE. This amendment has been cleared.
  Mr. NUNN. That is correct.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2277) was agreed to.
  Mr. KEMPTHORNE. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2278

    (Purpose: To strike the limitation on contracting with the same 
      contractor for construction of additional new sealift ships)

  Mr. KEMPTHORNE. On behalf of Senators Lott, Cohen, Johnston, and 
Breaux, I offer an amendment by Senator Lott that would strike the 
provision of the bill that would impose certain limitations on the 
Secretary of the Navy on contracting with the same contractor for 
construction of additional new sealift ships.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Kempthorne] for Mr. Lott, Mr. 
     Cohen, Mr. Johnston, and Mr. Breaux, proposes an amendment 
     numbered 2278.

  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered. 

[[Page S11573]]

  The amendment is as follows:

       On page 115, strike out line 4 and all that follows through 
     page 116, line 13.

  Mr. KEMPTHORNE. I believe this has been cleared.
  Mr. NUNN. This has been cleared with this side. I urge adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2278) was agreed to.
  Mr. KEMPTHORNE. I move to reconsider the vote.
  Mr. NUNN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. NUNN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk proceeded to call the roll.
  Mr. NUNN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2279

 (Purpose: To revise section 1003, relating the Defense Modernization 
                                Account)

  Mr. NUNN. Mr. President, on behalf of Senator Glenn, I send an 
amendment to the desk and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Georgia [Mr. Nunn], for Mr. Glenn, 
     proposes an amendment numbered 2279.

  Mr. NUNN. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Beginning on page 321, strike out line 15 and all that 
     follows through page 325, line 18, and insert in lieu thereof 
     the following:
       ``(b) Credits to Account.--(1) Under regulations prescribed 
     by the Secretary of Defense, and upon a determination by the 
     Secretary concerned of the availability and source of excess 
     funds as described in subparagraph (A) or (B), the Secretary 
     may transfer to the Defense Modernization Account during any 
     fiscal year--
       ``(A) any amount of unexpired funds available to the 
     Secretary for procurements that, as a result of economies, 
     efficiencies, and other savings achieved in the procurements, 
     are excess to the funding requirements of the procurements; 
     and
       ``(B) any amount of unexpired funds available to the 
     Secretary for support of installations and facilities that, 
     as a result of economies, efficiencies, and other savings, 
     are excess to the funding requirements for support of 
     installations and facilities.
       ``(2) Funds referred to in paragraph (1) may not be 
     transferred to the Defense Modernization Account by a 
     Secretary concerned if--
       ``(A) the funds are necessary for programs, projects, and 
     activities that, as determined by the Secretary, have a 
     higher priority than the purposes for which the funds would 
     be available if transferred to that account; or
       ``(B) the balance of funds in the account, after transfer 
     of funds to the account would exceed $1,000,000,000.
       ``(3) Amounts credited to the Defense Modernization Account 
     shall remain available for transfer until the end of the 
     third fiscal year that follows the fiscal year in which the 
     amounts are credited to the account.
       ``(4) The period of availability of funds for expenditure 
     provided for in sections 1551 and 1552 of title 31 shall not 
     be extended by transfer into the Defense Modernization 
     Account.
       ``(c) Attribution of Funds.--The funds transferred to the 
     Defense Modernization Account by a military department, 
     Defense Agency, or other element of the Department of Defense 
     shall be available in accordance with subsections (f) and (g) 
     only for that military department, Defense Agency, or 
     element.
       ``(d) Use of Funds.--Funds available from the Defense 
     Modernization Account pursuant to subsection (f) or (g) may 
     be used only for the following purposes:
       ``(1) For increasing, subject to subsection (e), the 
     quantity of items and services procured under a procurement 
     program in order to achieve a more efficient production or 
     delivery rate.
       ``(2) For research, development, test and evaluation and 
     procurement necessary for modernization of an existing system 
     or of a system being procured under an ongoing procurement 
     program.
       ``(e) Limitations.--(1) Funds from the Defense 
     Modernization Account may not be used to increase the 
     quantity of an item or services procured under a particular 
     procurement program to the extent that doing so would--
       ``(A) result in procurement of a total quantity of items or 
     services in excess of--
       ``(i) a specific limitation provided in law on the quantity 
     of the items or services that may be procured; or
       ``(ii) the requirement for the items or services as 
     approved by the Joint Requirements Oversight Council and 
     reported to Congress by the Secretary of Defense; or
       ``(B) result in an obligation or expenditure of funds in 
     excess of a specific limitation provided in law on the amount 
     that may be obligated or expended, respectively, for the 
     procurement program.
       ``(2) Funds from the Defense Modernization Account may not 
     be used for a purpose or program for which Congress has not 
     authorized appropriations.
       ``(3) Funds may not be transferred from the Defense 
     Modernization Account in any year for the purpose of--
       ``(A) making any expenditure for which there is no 
     corresponding obligation; or
       ``(B) making any expenditure that would satisfy an 
     unliquidated or unrecorded obligation arising in a prior 
     fiscal year.
       ``(f) Transfer of Funds.--(1) Funds in the Defense 
     Modernization Account may be transferred in any fiscal year 
     to appropriations available for use for purposes set forth in 
     subsection (d).
       ``(2) Before funds in the Defense Modernization Account are 
     transferred under paragraph (1), the Secretary concerned 
     shall transmit to the congressional defense committees a 
     notification of the amount and purpose of the proposed 
     transfer.
       ``(3) The total amount of the transfers from the Defense 
     Modernization Account may not exceed $500,000,000 in any 
     fiscal year.
       ``(g) Availability of Funds for Appropriation.--Funds in 
     the Defense Modernization Account may be appropriated for 
     purposes set forth in subsection (d) to the extent provided 
     in Acts authorizing appropriations for the Department of the 
     Defense.
       ``(h) Secretary To Act Through Comptroller.--In exercising 
     authority under this section, the Secretary of Defense shall 
     act through the Under Secretary of Defense (Comptroller), who 
     shall be authorized to implement this section through the 
     issuance of any necessary regulations, policies, and 
     procedures after consultation with the General Counsel and 
     Inspector General of the Department of Defense.
       ``(i) Quarterly Report.--Not later than 15 days after the 
     end of each calendar quarter, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a report 
     setting forth the amount and source of each credit to the 
     Defense Modernization Account during the quarter and the 
     amount and purpose of each transfer from the account during 
     the quarter.
       ``(j) Definitions.--In this section:
       ``(1) The term `Secretary concerned' includes the Secretary 
     of Defense.
       ``(2) The term `unexpired funds' means funds appropriated 
     for a definite period that remain available for obligation.
       ``(3) The term `congressional defense committees' means--
       ``(A) the Committees on Armed Services and Appropriations 
     of the Senate; and
       ``(B) the Committees on National Security and 
     Appropriations of the House of Representatives.
       ``(4) The term `appropriate committees of Congress' means--
       ``(A) the congressional defense committees;
       ``(B) the Committee on Governmental Affairs of the Senate; 
     and
       ``(C) the Committee on Government Reform and Oversight of 
     the House of Representatives.
       ``(k) Inapplicability to Coast Guard.--This section does 
     not apply to the Coast Guard when it is not operating as a 
     service in the Navy.''.
       (2) The table of sections at the beginning of chapter 131 
     of such title is amended by adding at the end the following:

``2221. Defense Modernization Account.''.

       (b) Effective Date.--Section 2221 of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     on October 1, 1995, and shall apply only to funds 
     appropriated for fiscal years beginning on or after that 
     date.
       (c) Expiration of Authority and Account.--(1) The authority 
     under section 2221(b) of title 10, United States Code (as 
     added by subsection (a)), to transfer funds into the Defense 
     Modernization Account shall terminate on October 1, 2003.
       (2) Three years after the termination of transfer authority 
     under paragraph (1), the Defense Modernization Account shall 
     be closed and the remaining balance in the account shall be 
     canceled and thereafter shall not be available for any 
     purpose.
       (3)(A) The Comptroller General of the United States shall 
     conduct two reviews of the administration of the Defense 
     Modernization Account. In each review, the Comptroller 
     General shall assess the operations and benefits of the 
     account.
       (B) Not later than March 1, 2000, the Comptroller General 
     shall--
       (i) complete the first review; and
       (ii) submit to the appropriate committees of Congress an 
     initial report on the administration and benefits of the 
     Defense Modernization Account.
       (C) Not later than March 1, 2003, the Comptroller General 
     shall--
       (i) complete the second review; and
       (ii) submit to the appropriate committees of Congress a 
     final report on the administration and benefits of the 
     Defense Modernization Account.
       (D) Each report shall include any recommended legislation 
     regarding the account that the Comptroller General considers 
     appropriate.
       (E) In this paragraph, the term ``appropriate committees of 
     Congress'' has the 

[[Page S11574]]
     meaning given such term in section 2221(j)(4) of title 10, United 
     States Code, as added by subsection (a).

  Mr. NUNN. Mr. President, in the bill there is a provision, which I 
authored and the committee accepted, which would establish a defense 
modernization account for, really, the first time in my knowledge. That 
says to the various departments of the military--Army, Navy, Air Force, 
Marine Corps--that they can have a defense modernization account for 
any savings, including money they might otherwise feel compelled to 
spend at the end of the year to make sure they had fulfilled their 
budget expectations. That is where a lot of waste goes on in budgeting, 
and in the Government, is the urge and incentive we inadvertently 
create in Government to have all Government agencies, not just the 
Army, Navy, Air Force, and Marine Corps, to spend money at the end of 
the year so they look like they needed all the money they originally 
budgeted.
  Much waste comes from that. So the provision in the bill I offered 
will establish a defense modernization account and say to each one of 
the services that they will be able to take any savings that they are 
able to accumulate during the year and put it in this modernization 
account. They will be able to use it, subject to the approval of the 
Congress. It has to come back through the Congress, either through 
direct appropriation or through an approval process that we go through 
here. It has to come back. But subject to that, this money will be able 
to be used where we need it most and that is in long-term 
modernization.
  Senator Glenn has been for this proposal, but he had some concerns 
about it. This amendment would modify the defense modernization account 
to limit the total balance of the account, to limit the number of years 
the funds may remain in the account, to provide for additional 
oversight, and to sunset the account.
  I agree to all of these proposed changes and I urge the adoption of 
the amendment.
  Mr. KEMPTHORNE. Mr. President, this amendment has been cleared with 
our side.
  The PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 2279) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote.
  Mr. NUNN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. NUNN. On this amendment I thank Senator Glenn, Senator Grassley, 
and Senator Roth. They were very helpful in developing these amendments 
and they will be having statements on this amendment on Monday.
  The PRESIDING OFFICER. The majority leader.
  Mr. DOLE. Mr. President, I understand that concludes the action, is 
that correct, tonight? It concludes action on the amendments that have 
been cleared. We cleared about 25 amendments. We appreciate that very 
much. We hope to return to the DOD authorization bill on Monday. I know 
there are some negotiations going on with reference to a couple of 
areas.
  If that is negotiated successfully, we hope to be back on the DOD 
bill late Monday afternoon, and wrap it up. I think in a couple of 
hours we can complete action on this bill. I know there are a few 
amendments out there that might require rollcall votes. If we reach the 
negotiation agreement, there could be at least one amendment that will 
require a vote, plus the others we did not complete last night. But I 
understand there will be very few amendments that we would have to deal 
with.
  So, hopefully we can complete action on the DOD authorization bill on 
Monday. It is a very important bill. It takes a long time. Last year I 
think it was 6 days. It always takes a great deal of time because it is 
so involved and so complex. It involves the defense of our Nation, so 
it deserves a great deal of consideration and debate.
  I thank the managers.
  Mr. SMITH. Mr. President, yesterday during consideration of S. 1026, 
a statement by Senator Roth was inadvertently left out of the 
statements that were made at the time Senator Cohen introduced his 
amendment entitled the Information Technology Management Reform Act of 
1995. Mr. President, I ask unanimous consent that Senator Roth's 
statement be printed in today's Record and that it be printed in the 
permanent Record for Friday, August 4, 1995, immediately following 
Senator Cohen's statement on the information technology amendment.
  The PRESIDING OFFICER. Without objection it is so ordered.

                          ____________________