[Congressional Record Volume 141, Number 130 (Saturday, August 5, 1995)]
[Senate]
[Pages S11606-S11612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                 ______


               MIKULSKI (AND SARBANES) AMENDMENT NO. 2126

  (Ordered to lie on the table.)
  Ms. MIKULSKI (for herself and Mr. Sarbanes) submitted an amendment 
intended to be proposed by them to the bill (S. 1026) to authorize 
appropriations for fiscal year 1996 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 2825. CONSOLIDATION OF DISPOSAL OF PROPERTY AND 
                   FACILITIES AT FORT HOLABIRD, MARYLAND.

       (a) Consolidation.--Notwithstanding any other provision of 
     law, the Secretary of Defense shall dispose of the property 
     and facilities at Fort Holabird, Maryland, described in 
     subsection (b) in accordance with the provisions of the 1990 
     base closure law as such provisions apply to the closure or 
     realignment of military installations approved for closure or 
     realignment under that law in 1995.
       (b) Covered Property and Facilities.--Subsection (a) 
     applies to the following property and facilities at Fort 
     Holabird, Maryland:
       (1) Property and facilities that were approved for closure 
     or realignment under the 1988 base Closure law that are not 
     disposed of as of the date of the enactment of this Act, 
     including buildings 305 and 306 and the parking lots and 
     other property associated with such buildings.
       (2) Property and facilities that are approved for closure 
     or realignment under the 1990 base closure law in 1995.
       (c) Use of Surveys and Other Evaluations of Property.--In 
     carrying out the disposal of the property and facilities 
     referred to in subsection (b)(1), the Secretary shall utilize 
     any surveys and other evaluations of such property and 
     facilities that are prepared by the Corps of Engineers before 
     the date of the enactment of this Act as part of the process 
     for the disposal of such property and facilities under the 
     1988 base closure law.
       (d) Definitions.--In this section:
       (1) The term ``1988 base closure law'' means title II of 
     the Defense Authorization Amendments and Base Closure and 
     Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
       (2) The term ``1990 base closure law'' means 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).

     SEC. 2826. LAND CONVEYANCE, PROPERTY UNDERLYING CUMMINS 
                   APARTMENT COMPLEX, FORT HOLABIRD, MARYLAND.

       (a) Conveyance Authorized.--Notwithstanding any other 
     provision of law, the Secretary of the Army may convey to the 
     existing owner of the improvements thereon all right, title, 
     and interest of the United States in and to a parcel of real 
     property underlying the Cummins Apartment Complex at Fort 
     Holabird, Maryland, consisting of approximately 6 acres.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the owner of the improvements referred 
     to in that subsection shall pay to the United States an 
     amount equal to the fair market value (as determined by the 
     Secretary) of the property interest to be conveyed.
                                 ______


                 GLENN (AND OTHERS) AMENDMENT NO. 2127

  (Ordered to lie on the table.)
  Mr. GLENN (for himself, Mrs. Feinstein, Mr. Pell, and Mr. Moynihan) 
submitted an amendment intended to be proposed by them to the bill S. 
1026, supra, as follows:

       On page 49, between lines 14 and 15, insert the following:

     SEC. 224. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK.

       To the extent provided in appropriations Acts, $9,500,000 
     of the unobligated balance of funds available to the Air 
     Force for research, development, test, and evaluation for 
     fiscal year 1995 for the Defense Support Program shall be 
     available for continuation of the Joint Seismic Program and 
     Global Seismic Network.
                                 ______


                        LEAHY AMENDMENT NO. 2128

  Mr. LEAHY submitted an amendment intended to be proposed by him to 
the bill S. 1026, supra, as follows:

       On page 358, beginning on line 5, strike out ``personnel.'' 
     and all that follows through line 8 on that page, and insert 
     in lieu thereof ``personnel.'.''.
                                 ______


                      GRASSLEY AMENDMENT NO. 2129

  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
the bill S. 1026. supra, as follows:

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

     SEC. 10__. REDUCTION IN OPERATIONAL SUPPORT AIRCRAFT FLEET.

       (a) Reduction in Number of Aircraft.--(1) After September 
     30, 1996, the number of aircraft of the Department of Defense 
     performing functions that as of June 1, 1995, were performed 
     by aircraft designated as Operational Support Aircraft may 
     not exceed three-quarters of the number of such aircraft as 
     of June 1, 1995.
       (2) After September 30, 1997, the number of aircraft of the 
     Department of Defense performing functions that as of June 1, 
     1995, were performed by aircraft designated as Operational 
     Support Aircraft may not exceed one-half of the number of 
     such aircraft as of June 1, 1995.
       (3) The Secretary of Defense may authorize a higher number 
     of Operational Support aircraft to perform functions referred 
     to in 

[[Page S11607]]
     paragraph (1) or (2) than would otherwise be authorized under the 
     applicable paragraph if the Secretary certifies to Congress 
     that the additional Operational Support aircraft are required 
     by reason of a war declared by Congress.
       (b) Executive Agent.--The Secretary of Defense shall 
     designate the Secretary of one of the military departments to 
     be the executive agent of the Department of Defense for 
     maintenance and operation of all fixed-wing aircraft 
     performing the functions that were performed as of June 1, 
     1995, by aircraft designated as Operational Support Aircraft.
       (c) Regulations.--(1) The Secretary of Defense shall 
     prescribe regulations for the operation, maintenance, and use 
     of fixed-wing aircraft to perform the functions performed as 
     of June 1, 1995, by aircraft designated as Operational 
     Support Aircraft. The regulations shall apply uniformly 
     throughout the Department of Defense.
       (2) The regulations shall, to the maximum extent 
     practicable, provide for the use of commercial airlines or 
     aircraft (including charter services) to perform the 
     functions referred to in paragraph (1).
       (3) The regulations may not require the use of aircraft 
     designated as Operational Support Aircraft by any group or 
     class of individuals.
       (d) National Capital Area Helicopter Usage.--After 
     September 30, 1996, the only helicopters of the Department of 
     Defense that may be used for administrative purposes in the 
     National Capital area are the helicopters assigned for the 
     support of the President.
       (e) Use of Savings.--The Secretary of Defense shall utilize 
     any savings that result from the operation of this section 
     (including the regulations prescribed under subsection (c)) 
     for purposes of maintaining and improving the readiness of 
     the Armed Forces.
                                 ______


                    SMITH AMENDMENTS NOS. 2130-2131

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

                           Amendment No. 2130

     SEC.   . DEPRESSED ALTITUDE GUIDED GUN ROUND SYSTEM.

       Of the funds authorized for Army RDT&E, $5 million may be 
     utilized to continue development of the Depressed Altitude 
     Guided Gun Round System.
                                                                    ____


                           Amendment No. 2131

       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.''.
                                 ______


                       McCAIN AMENDMENT NO. 2132
  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 1062, supra, as follows:

       On page 331, between lines 19 and 20, insert the following:

     SEC. 1008. SUPPLEMENTAL FUNDING REQUESTS FOR COSTS OF 
                   PEACEKEEPING AND OTHER CONTINGENCY OPERATIONS.

       (a) Requirement for Timely Submission.--(1) Chapter 9 of 
     title 10, United States Code, is amended by inserting after 
     section 227 the following:

     ``Sec. 228. Supplemental funding request for peacekeeping and 
       other operations

       ``(a) In General.--The procedures set forth in this section 
     shall be followed in the case of each operation in which 
     members of the armed forces are deployed--
       ``(1) to provide or to participate in providing support to 
     a United Nations peacekeeping or peace enforcement operation;
       ``(2) to conduct an operation that is a contingency 
     operation within the meaning of section 101(a)(13) of this 
     title;
       ``(3) to provide or to participate in providing 
     humanitarian assistance, disaster relief, or support for law 
     enforcement (including immigration control) for which funds 
     have not been specifically provided in advance; or
       (4) for a purpose (except for a training exercise) for 
     which funds have not been specifically provided in advance.
       ``(b) Requirement for Timely Submission of Request.--Not 
     later than 45 days after the date on which members of the 
     armed forces are deployed in an operation described in 
     subsection (a), the President shall submit to Congress the 
     following;
       ``(1) A report containing the following information:
       ``(A) The objectives of the operation.
       ``(B) A discussion of the necessity for use of the armed 
     forces.
       ``(C) The estimated duration of the operation and of 
     deployment of armed forces personnel.
       ``(D) The estimated incremental cost of the operation to 
     the United States.
       ``(E) The exit strategy and criteria for withdrawal.
       ``(F) The amount of any supplemental appropriations that 
     are necessary to pay the estimated incremental cost 
     enumerated as follows:
       ``(i) The amount necessary for reimbursing appropriations 
     used to pay any of such costs.
       ``(ii) The amount necessary to pay any of such costs that 
     are not paid out of existing appropriations.
       ``(2) Either--
       ``(A) a request for a supplemental appropriation of the 
     funds necessary for paying all of the incremental costs of 
     the operation (either directly or by reimbursement of other 
     appropriations used for paying such costs) together with a 
     request for rescission of funds from one or more 
     appropriations to departments and agencies of the Federal 
     Government in amounts sufficient to fully offset the total 
     amount of the supplemental funding requested; or
       ``(B) if the President determines that it is necessary in 
     the national security interests of the United States, an 
     emergency supplemental appropriation request for paying all 
     of the incremental costs of the operation (either directly or 
     by reimbursement of other appropriations used for paying such 
     costs).
       ``(c) Requirements Relating to Additional Supplemental 
     Appropriations.--If, after a supplemental appropriation has 
     been requested for an operation under subsection (b) and has 
     been provided by law, an additional supplemental 
     appropriation becomes necessary for the operation before the 
     withdrawal of all armed forces personnel from the operation, 
     the President shall submit to Congress a revised report 
     described in paragraph (1) of subsection (b) and an 
     additional request for supplemental funding and rescissions, 
     or for an emergency supplemental funding and rescissions, or 
     for an emergency supplemental appropriation, as described in 
     paragraph (2) of such subsection. The President shall submit 
     the revised report and the request for additional 
     supplemental funding
      and rescission, or for an emergency supplemental 
     appropriation, as soon as the President determines that 
     the additional supplemental appropriation is necessary.
       ``(d) Report on Material Changes.--Within seven days after 
     the President determines that there has been a material 
     change in circumstances discussed in a report under 
     subsection (b)(1), the President shall submit to Congress a 
     revised report incorporating each material change.
       ``(e) Transfer and Use of Funds Prior to Supplemental 
     Appropriations.--(1) Whenever armed forces personnel are 
     deployed in an operation of the Department of Defense 
     described in subsection (a), the Secretary of Defense shall, 
     subject to the provisions of appropriations Acts, transfer 
     amounts described in paragraph (2) to appropriations from 
     which funds have been transferred or expended for incremental 
     expenses of that operation in order to reimburse those 
     appropriations for the amounts so transferred or expended. 
     Amounts transferred under this paragraph shall be merged 
     with, and be available for the same purposes and periods as, 
     the appropriations to which transferred.
       ``(2) Transfers under this subsection may be made only from 
     amounts appropriated to the Department of Defense for a 
     fiscal year that remain available for obligation for 
     administration and servicewide activities of the Department 
     of Defense.
       ``(3) A transfer made from one appropriation to another 
     under the authority of this subsection shall be deemed to 
     increase the amount authorized for the appropriation to which 
     transferred by an amount equal to the amount transferred.
       ``(4) Supplemental appropriations provided with respect to 
     an operation when requested pursuant to this section shall be 
     used to reimburse the appropriations from which transfers are 
     made under this subsection.
       ``(5) The Secretary of Defense shall issue regulations to 
     carry out this subsection.
       ``(f) Waiver of Requirement to Reimburse Support Units.--
     (1) When a unit of the armed forces participating in an 
     operation described in subsection (a) receives services from 
     an element of the Department of Defense that operates through 
     the Defense Business Operations Fund, any working capital 
     fund, any revolving fund, or any fund similar to the Defense 
     Business Operations Fund, the unit may not be required to 
     reimburse that element of the department for any incremental 
     cost incurred by that element of the department in providing 
     such services, notwithstanding any other provision of law
      or any Government accounting practice, until supplemental 
     appropriations are available for doing so.
       ``(2) The amounts to be reimbursed to an element of the 
     Department of Defense (or a fund) out of a supplemental 
     appropriation in accordance with paragraph (1) shall be 
     recorded as an expense attributable to the operation and 
     shall be accounted for separately.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     227 the following:

``228. Supplemental funding request for peacekeeping and other 
              operations.''.
       (b) Waiver of Discretionary Spending Firewalls.--For 
     purposes of supplemental 

[[Page S11608]]
     appropriations and rescissions requested under subsection (b) or (c) of 
     section 228 of title 10, United States Code (as added by 
     subsection (a)), the discretionary spending limit provided in 
     section 201 of House Concurrent Resolution 63 (104th 
     Congress, first session) for fiscal year 1996 shall be the 
     sum of the limits for the defense and nondefense categories.
       (c) Expeditious Congressional Action.--It is the sense of 
     Congress that Congress should act expeditiously on requests 
     for supplemental appropriations submitted in accordance with 
     section 228 of title 10, United States Code, as added by 
     subsection (a).
       (d) Inapplicability of Transfer Authority.--The transfer 
     authority provided in section 1001 may not be exercised for 
     purposes of funding operations referred to in section 228 of 
     title 10, United States Code, as added by subsection (a).
       (e) Prospective Applicability to Operations.--Section 228 
     of title 10, United States Code (as added by subsection (a)), 
     shall apply only to operations described in subsection (a) of 
     such section that begin on or after the date of the enactment 
     of this Act.
       (f) Operations Before Date of Enactment.--The President 
     shall include in the budgets for fiscal years after fiscal 
     year 1996 that are submitted to Congress under section 
     1105(a) of title 31, United States Code, any amounts that are 
     necessary for paying all of the costs of any operation 
     described in section 228(a) of title 10, United States Code 
     (as added by subsection (a)), that began before the date of 
     the enactment of this Act and is ongoing on such date.
                                 ______


               McCAIN (AND FEINSTEIN) AMENDMENT NO. 2133

  (Ordered to lie on the table.)
  Mr. McCAIN (for himself and Mrs. Feinstein) submitted an amendment 
intended to be proposed by them to the bill, S. 1026, supra; 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 
     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.
     
[[Page S11609]]


     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.''.
                                 ______


                     KOHL AMENDMENTS NOS. 2134-2135

  (Ordered to lie on the table.)
  Mr. KOHL submitted two amendments intended to be proposed by him to 
the bill, S. 1026, supra, as follows:

                           Amendment No. 2134

       On page 89, strike out lines 13 through 22 and insert in 
     lieu thereof the following:
       ``(e) Technical Assistance.--(1) The members of a technical 
     review committee or restoration advisory board may use funds 
     made available under subsection (g)--
       ``(A) to obtain technical assistance in interpreting 
     scientific and engineering issues with regard to the nature 
     of environmental hazards at an installation and the 
     restoration activities proposed for or conducted at the 
     installation; and
       ``(B) to assist such members and affected citizens in 
     participating more effectively in environmental restoration 
     activities at the installation.
       ``(2) The Commander of an installation may obtain technical 
     assistance for a technical review committee or restoration 
     advisory board under paragraph (1) with respect to an 
     installation only if--
       ``(A) the restoration advisory board has demonstrated 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 activities at the 
     installation.''.
       On page 90, line 20, strike out ``until'' and insert in 
     lieu thereof ``after March 1, 1996, unless''.
                                                                    ____

                           Amendment No. 2135

       On page 89, strike out lines 1 through 22 and insert in 
     lieu thereof the following:
       ``(e) Technical Assistance.--(1) The members of a technical 
     review committee or restoration advisory board may use funds 
     made available under subsection (g)--
       ``(A) to obtain technical assistance in interpreting 
     scientific and engineering issues with regard to the nature 
     of environmental hazards at an installation and the 
     restoration activities proposed for or conducted at the 
     installation; and
       ``(B) to assist such members and affected citizens in 
     participating more effectively in environmental restoration 
     activities at the installation.
       ``(2) A technical review committee or restoration advisory 
     board may obtain technical assistance under paragraph (1) 
     with respect to an installation if--
       ``(A) the restoration advisory board has demonstrated 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 activities at the 
     installation.''.
       On page 90, line 20, strike out ``until'' and insert in 
     lieu thereof ``after March 1, 1996, unless''.
                                 ______


                        SMITH AMENDMENT NO. 2136

  (Ordered to lie on the table.)
  Mr. SMITH submitted an amendment intended to be proposed by him to 
the bill, S. 1026, supra, 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 (LPH-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.
                                 ______


                        BOXER AMENDMENT NO. 2137

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

       On page 487, below line 24, add the following:

     SEC. 2838. LAND CONVEYANCE, FORT ORD, CALIFORNIA.

       (a) Authority To Convey.--(1) Notwithstanding any other 
     provision of law, the Secretary of Defense may convey to the 
     City of Seaside, California (in this section referred to as 
     the ``City''), all right, title, and interest of the United 
     States in and to a parcel of real property (including 
     improvements thereon) consisting of approximately 477 acres 
     located in Monterey County, California, and comprising a 
     portion of the former Fort Ord Military Complex.
       (2) The real property to be conveyed to the City under 
     paragraph (1) shall include Black Horse Golf Course and 
     Bayonet Golf Course and such portion of the Hayes Housing 
     Facilities as the Secretary determines appropriate.
       (b) Consideration.--As consideration for the conveyance of 
     the real property and improvements under subsection (a), the 
     City shall pay to the United States an amount equal to the 
     fair market value of the property to be conveyed. 

[[Page S11610]]

       (c) Use of Proceeds.--(1) The Secretary shall deposit the 
     funds paid by the City under subsection (b) in the accounts 
     referred to in paragraph (2). The Secretary may allocate the 
     funds deposited among the accounts.
       (2) The accounts referred to in paragraph (1) are the 
     following:
       (A) The Defense Base Closure and Realignment 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) The Morale, Welfare, and Recreation Fund of the 
     Department of the Army.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property (including improvements 
     thereon) to be conveyed under subsection (a) shall be 
     determined by a survey satisfactory to the Secretary and the 
     City. The cost of the 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 
     considers appropriate to protect the interests of the United 
     States.
       (f) Report Requirements.--(1) Not later than 60 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report describing the plans, if any, of 
     the Secretary for the conveyance of the real property 
     described in subsection (a).
       (2) If the report submitted under paragraph (1) indicates 
     that the Secretary will convey the real property referred to 
     in that paragraph, the Secretary shall, beginning 60 days 
     after the date of the submittal of the report under paragraph 
     (1) and every 60 days thereafter, submit to Congress a report 
     describing the progress of the Secretary toward completing 
     the conveyance. The requirement set forth in the preceding 
     sentence shall cease on the date of the conveyance of the 
     real property under subsection (a).
                                 ______


                      DOMENICI AMENDMENT NO. 2138

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

       On page   , strike lines    through   , and insert in lieu 
     thereof and renumber accordingly:
       (1) Transitional compensation for dependents of members of 
     the armed forces separated for dependent abuse.--
       (A) Mandatory program.--Subsection (a) of section 1058 of 
     title 10, United States Code, is amended by striking out 
     ``may establish a program'' and inserting in lieu thereof 
     ``shall establish a program.''
       (B) Payment to dependents of members not discharged.--
     Subsection (d) of such section is amended by striking out 
     ``of separation from active duty as'' in the first sentence.
       (C) Subject to appropriation.--The new authority granted by 
     the amendment in (1)(A) shall be effective only to the extent 
     and in such amounts as are provided, for that purpose, in 
     advance in appropriations acts.
                                 ______


               DOMENICI (AND BINGAMAN) AMENDMENT NO. 2139

  (Ordered to lie on the table.)
  Mr. DOMENICI (for himself and Mr. Bingaman) submitted an amendment 
intended to be proposed by them to the bill, S. 1026, supra, as 
follows:

       On page 570, between lines 10 and 11, insert the following:

     SEC. 3168. APPLICABILITY OF ATOMIC ENERGY COMMUNITY ACT OF 
                   1955 TO LOS ALAMOS, NEW MEXICO.

       (a) Date of Transfer of Utilities.--Section 72 of the 
     Atomic Energy Community Act of 1955 (42 U.S.C. 2372) is 
     amended by striking out ``not later than five years after the 
     date it is included within this Act'' and inserting in lieu 
     thereof ``not later than June 30, 2001''.
       (b) Date of Transfer of Municipal Installations.--Section 
     83 of such Act (42 U.S.C. 2383) is amended by striking out 
     ``not later than five years after the date it is included 
     within this Act'' and inserting in lieu thereof ``not later 
     than June 30, 2001''.
       (c) Recommendation for Further Assistance Payments.--
     Section 91 of such Act (42 U.S.C. 2391) is amended--
       (1) by striking out ``, and the Los Alamos School Board;'' 
     and all that follows through ``county of Los Alamos, New 
     Mexico'' and inserting in lieu thereof ``; or not later than 
     June 30, 1996, in the case of the Los Alamos School Board and 
     the county of Los Alamos, New Mexico''; and
       (2) by adding at the end the following new sentence: ``If 
     the recommendation under the preceding sentence regarding the 
     Los Alamos School Board or the county of Los Alamos, New 
     Mexico, indicates a need for further assistance for the 
     school board or the county, as the case may be, after June 
     30, 1998, the recommendation shall include a report and plan 
     describing the actions required to eliminate the need for 
     further assistance for the school board or the county, 
     including a proposal for legislative action to carry out the 
     plan.''.
       (d) Contract To Make Payments.--Section 94 of such Act (42 
     U.S.C. 2394) is amended--
       (1) by striking out ``June 30, 1996'' each place it appears 
     in the proviso in the first sentence and inserting in lieu 
     thereoff ``June 30, 1998''; and
       (2) by striking out ``July 1, 1996'' in the second sentence 
     and inserting in lieu thereofff ``July 1, 1998''.
                                 ______


                    PRYOR AMENDMENTS NOS. 2140-2142

  (Ordered to lie on the table.)
  Mr. PRYOR submitted three amendments intended to be proposed by him 
to the bill, S. 1026, supra, as follows:

                           Amendment No. 2140

       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 watchlists 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 an 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, 
     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.''.
                                                                    ____


                           Amendment No. 2141

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

     SEC. 2825. APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT 
                   TO INTERIM LEASES OF PROPERTY AT INSTALLATIONS 
                   APPROVED FOR CLOSURE OR REALIGNMENT.

       Section 2667(f) of title 10, United States Code, is amended 
     by adding at the end the following:
       ``(4) Notwithstanding any other provision of law, a lease 
     of property under this section shall not constitute a major 
     Federal action for purposes of section 102(2) for purposes of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4322(2)) if the term of the lease is 10 years or less.''.
                                                                    ____

                           Amendment No. 2142

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

     SEC. 242. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.

       (a) Testing Indicators.--(1) The Secretary of Defense shall 
     establish for each theater missile defense acquisition 
     program a series of test and evaluation maturity indicators 
     adequate to provide an assessment of the progress of the 
     program at each of the program decision points referred to in 
     paragraph (2). The Secretary shall ensure that the maturity 
     indicators for a program reflect and incorporate the approved 
     baseline of performance and schedule for the program.
       (2) The Secretary shall establish test and evaluation 
     maturity indicators for each of the following program 
     decision points:
       (A) Critical design review.
       (B) Long-lead low-rate initial production.
       (C) Low-rate initial production.
       (D) Long-lead full-rate production.
       (E) Full-rate production.

[[Page S11611]]

       (b) Use of Indicators.--(1) For each theater missile 
     defense acquisition program for which the Secretary 
     establishes test and evaluation maturity indicators under 
     subsection (a), the Director of Operational Test and 
     Evaluation shall carry out an operational assessment of the 
     program using the indicators at each of the program decision 
     points referred to in paragraph (2) of that subsection.
       (2) Each operational assessment under paragraph (1) shall 
     be sufficient to permit the Director to form an opinion as to 
     whether or not the program meets, at the decision point in 
     question, the performance and schedule requirements specified 
     in the approved baseline of performance and schedule for the 
     program.
       (3) The Director shall submit each operational assessment 
     carried out under this subsection to the Secretary and to the 
     congressional defense committees.
                                 ______


                  PRYOR (AND ROTH) AMENDMENT NO. 2143

  (Ordered to lie on the table.)
  Mr. PRYOR (for himself and Mr. Roth) submitted an amendment to be 
proposed by them to the bill, S. 1026, supra, 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.
                                 ______


                 GLENN (AND OTHERS) AMENDMENT NO. 2144

  (Ordered to lie on the table.)
  Mr. GLENN (for himself, Mr. Grassley, and Mr. Roth) submitted an 
amendment to be proposed by them to the bill, S. 1026, supra, 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 Defense 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.''.

[[Page S11612]]

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


                        GLENN AMENDMENT NO. 2145

  (Ordered to lie on the table.)
  Mr. GLENN submitted an amendment to be proposed by him to the bill, 
S. 1026, supra, 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 ``$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.
                                 ______


                 HEFLIN (AND SHELBY) AMENDMENT NO. 2146

  (Ordered to lie on the table.)
  Mr. HEFLIN (and Mr. Shelby) submitted an amendment to be proposed by 
them to the bill, S. 1026, supra, as follows:

       On page 16, line 20, strike out ``$1,120,115,000'' and 
     insert in lieu thereof ``$1,135,115,000''.
       On page 69, line 20, strike out ``$18,086,206,000'' and 
     insert in lieu thereof ``$18,071,206,000''.
                                 ______


                       HEFLIN AMENDMENT NO. 2147

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

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


             HEFLIN (AND SHELBY) AMENDMENTS NOS. 2148-2150

  (Ordered to lie on the table.)
  Mr. HEFLIN (for himself and Mr. Shelby) submitted three amendments 
intended to be proposed by him to the bill, S. 1026, supra, as follows:

                           Amendment No. 2148

       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.
                                                                    ____

                           Amendment No. 2149

       On page 16, line 20, strike out ``$1,120,115,000'' and 
     insert in lieu thereof ``$1,135,115,000''.
                                                                    ____


                           Amendment No. 2150

       On page 69, line 20, strike out ``$18,086,206,000'' and 
     insert in lieu thereof ``$18,071,206,000''.

                     ROBB AMENDMENTS NOS. 2151-2152

  (Ordered to lie on the table.)
  Mr. ROBB submitted two amendments intended to be proposed by him to 
the bill, S. 1026, supra, as follows:

                           Amendment No. 2151

       On page 331, between lines 19 and 20, insert the following:
       ``(3) If the total amount reported in accordance with 
     paragraph (2) is less than $1,080,000,000, an additional 
     separate listing described in paragraph (2) in a total amount 
     equal to $1,080,000,000''.
                                                                    ____


                           Amendment No. 2152

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

     SEC. 389. REPORT ON PRIVATE PERFORMANCE OF CERTAIN FUNCTIONS 
                   PERFORMED BY MILITARY AIRCRAFT.

       (a) Report Required.--Not later than May 1, 1996, the 
     Secretary of Defense shall submit to Congress a report on the 
     feasibility, including the costs and benefits, of using 
     private sources for satisfying, in whole or in part, the 
     requirements of the Department of Defense for VIP 
     transportation by air, airlift for other personnel and for 
     cargo, in-flight refueling of aircraft, and performance of 
     such other military aircraft functions as the Secretary 
     considers appropriate to discuss in the report.
       (b) Content of Report.--The report shall include a 
     discussion of the following:
       (1) Contracting for the performance of the functions 
     referred to in subsection (a).
       (2) Converting to private ownership and operation the 
     Department of Defense VIP air fleets, personnel and cargo 
     aircraft, and in-flight refueling aircraft, and other 
     Department of Defense aircraft.
       (3) The wartime requirements for the various VIP and 
     transport fleets.
       (4) The assumptions used in the cost-benefit analysis.
       (5) The effect on military personnel and facilities of 
     using private sources, as described in paragraphs (1) and 
     (2), for the purposes described in subsection (a).

                          ____________________