[Congressional Record Volume 141, Number 130 (Saturday, August 5, 1995)]
[Senate]
[Pages S11635-S11640]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page S11635]]


      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                 ______


                        SMITH AMENDMENT NO. 2252

  Mr. THURMOND (for Mr. Smith) proposed an amendment to the bill S. 
1026, supra, 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.''.
                                 ______


                        FORD AMENDMENT NO. 2253

  Mr. FORD proposed an amendment to the bill S. 1026, supra, 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 considers 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.
                                 ______


                      CAMPBELL AMENDMENT NO. 2254

  Mr. THURMOND (for Mr. Campbell) proposed an amendment to the bill S. 
1026, supra, 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.
                                 ______


                  PRYOR (AND ROTH) AMENDMENT NO. 2255

  Mr. FORD (for Mr. Pryor for himself and Mr. Roth) proposed an 
amendment 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.
                                 ______


                        LOTT AMENDMENT NO. 2256

  Mr. KEMPTHORNE (for Mr. Lott) proposed an amendment to the bill S. 
1026, supra, as follows:

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


                     NUNN AMENDMENTS NOS. 2257-2258

  Mr. FORD (for Mr. Nunn) proposed two amendments to the bill S. 1026, 
supra, as follows:

                           Amendment No. 2257

       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.
                                                                    ____


                           Amendment No. 2258

       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.
                                 ______


                      THURMOND AMENDMENT NO. 2259

  Mr. KEMPTHORNE (for Mr. Thurmond) proposed an amendment to the bill 
S. 1026, supra, 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''.
                                 ______

                                 
[[Page S11636]]


                McCAIN (GLENN) AMENDMENTS NOS. 2260-2261

       Mr. KEMPTHORNE (for Mr. McCain for himself and Mr. Glenn) 
     proposed two amendments to the bill S. 1026, supra, as 
     follows:

                          Amendment No.  2260

       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.
                                                                    ____

                           Amendment No. 2261

       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 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.
                                 ______


                      PRESSLER AMENDMENT NO. 2262

  Mr. KEMPTHORNE (for Mr. Pressler) proposed an amendment to the bill 
S. 1026, supra, 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.
                                 ______


                        HELMS AMENDMENT NO. 2263

  Mr. KEMPTHORNE (for Mr. Helms) proposed an amendment to the bill S. 
1026, supra, as follows:

       On page 348, beginning on line 23, strike out ``to 
     Congress'' and insert in lieu thereof the following: ``to the 
     Committees 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''.
                                 ______


                        COHEN AMENDMENT NO. 2264

  Mr. KEMPTHORNE (for Mr. Cohen) proposed an amendment to the bill S. 
1026, supra, 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)''.
                                 ______


                        PRYOR AMENDMENT NO. 2265

  Mr. FORD (for Mr. Pryor) proposed an amendment to the bill S. 1026, 
supra, 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 (2) 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.''.
                                 ______


                   THURMOND AMENDMENTS NOS. 2266-2267

  Mr. KEMPTHORNE (for Mr. Thurmond) proposed two amendments to the bill 
S. 1026, supra, as follows:

                           Amendment No. 2266

  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 Administrative Services Act of 
     1949 (41 U.S.C. 254b(d)(20(A)(i)) 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,''.
     
[[Page S11637]]


     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)(10(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''.
                                                                    ____

                           Amendment No. 2267

       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.
                                 ______

     SHELBY AMENDMENT NO. 2268
  Mr. KEMPTHORNE (for Mr. Shelby) proposed an amendment to the bill S. 
1026, supra, 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.
                                 ______


             HEFLIN (AND SHELBY) AMENDMENTS NOS. 2269-2270

  Mr. FORD (for Mr. Heflin, for himself and Mr. Shelby) proposed two 
amendments to the bill S. 1026, supra, as follows:

                           Amendment No. 2269

       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.
                                                                    ____

                           Amendment No. 2270

       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.
                                 ______


                        HELMS AMENDMENT NO. 2271

  Mr. KEMPTHORNE (for Mr. Helms) proposed an amendment to the bill S. 
1026, supra, as follows:

       Beginning of 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--
                                 ______


               McCAIN (AND FEINSTEIN) AMENDMENT NO. 2272

  Mr. KEMPTHORNE (for Mr. McCain, for himself and Mrs. Feinstein) 
proposed an amendment 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 

[[Page S11638]]
     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.

     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 AMENDMENT NO. 2273

  Mr. FORD (for Mr. Kohl) proposed an amendment to the bill S. 1026, 
supra, 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''.
                                 ______


                        GLENN AMENDMENT NO. 2274

  Mr. NUNN (for Mr. Glenn) proposed an amendment 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 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.''.
                                 ______


                        HELMS AMENDMENT NO. 2275

  Mr. KEMPTHORNE (for Mr. Helms) proposed an amendment to the bill S. 
1026, supra, as follows:

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

     SEC. 1097. 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 

[[Page S11639]]
     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 350 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.
                                 ______


                      THURMOND AMENDMENT NO. 2276

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

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

     SEC. 125. 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).
                                 ______


                        SMITH AMENDMENT NO. 2277

  Mr. KEMPTHORNE (for Mr. Smith) proposed an amendment 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.
                                 ______


                        LOTT AMENDMENT NO. 2278

  Mr. KEMPTHORNE (for Mr. Lott) proposed an amendment to the bill S. 
1026, supra, as follows:

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


                        GLENN AMENDMENT NO. 2279

  Mr. NUNN (Mr. Glenn) proposed an amendment 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 procurement 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 transfer 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.

[[Page S11640]]

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

                          ____________________