[Congressional Record Volume 141, Number 136 (Tuesday, September 5, 1995)]
[Senate]
[Pages S12527-S12530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
resume consideration of S. 1026, which the clerk will report.
  The legislative clerk read as follows:

       A 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.

  The Senate resumed consideration of the bill.

       Pending:
       Brown amendment No. 2125, to clarify restrictions on 
     assistance to Pakistan.
  Mr. THURMOND. Mr. President, I want to advise all Senators that the 
Senate is on the Defense authorization bill, and the unanimous-consent 
agreement we propounded before adjourning on August 11 requires us to 
remain on this bill until all debate is completed and we have a final 
vote. This bill is essential to our national security and must be 
passed today.
  Let me start the discussion by alerting everyone of today's plans.
  First, from now until 5 p.m. we plan to debate those amendments that 
are in order under the unanimous-consent agreement of August 11.
  Second, we plan to stack the votes on those amendments and dispose of 
them immediately after the vote on the Defense appropriations bill 
scheduled for 5 p.m. today.
  Third, after the stacked votes, we plan to proceed to consideration 
of the bipartisan missile defense amendments. This debate is scheduled 
for 3 hours. When that debate concludes, we plan to vote on the 
amendment and then vote on the bill itself.
  This means all amendments that are in order under the unanimous-
consent agreement should be raised and debated prior to 5 p.m. today to 
ensure 

[[Page S 12528]]

they are given appropriate consideration. If amendments are not offered 
early, they may have to wait until after 9 p.m. this evening. Keep in 
mind that the unanimous-consent agreement we are operating under states 
that we will not adjourn or recess until final vote is taken on the 
authorization bill.
  Mr. President, I ask my colleagues to come forward with their 
amendments, limit debate, and work toward a timely vote on this bill.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the pending 
amendment be temporarily set aside so that I can offer an amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2427

 (Purpose: To revise the applicability of the Atomic Energy Community 
                     Act of 1955 to Los Alamos, NM)

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

       The Senator from New Mexico (Mr. Bingaman), for himself and 
     Mr. Domenici, proposes an amendment numbered 2427.

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

       On page 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, 1998''.
       (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, 1998''.
       (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, 1997, 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 
     thereof ``June 30, 1997''; and
       (2) by striking out ``July 1, 1996'' in the second sentence 
     and inserting in lieu thereof ``July 1, 1997''.

  Mr. BINGAMAN. Mr. President, the amendment that I am offering on 
behalf of myself and Senator Domenici is a modification of the 
amendment that we originally filed, amendment No. 2159. We have made 
several modifications in the original amendment to accommodate the 
desires of the managers on both sides to speed the day that assistance 
payments to Los Alamos County and its school board can be brought to a 
mutually agreeable conclusion.
  Mr. President, the amendment would extend assistance payments under 
the Atomic Energy Community Act to Los Alamos County and the Los Alamos 
School Board for 1 year, until June 30, 1997. It would require a report 
from the Department of Energy by June 30, 1996 on how and whether a 
plan could be drawn up to end these payments at that time.
  The original amendment would have had a 2-year extension. The pending 
amendment would also require the utilities and municipal installations 
now run by Department of Energy be transferred to the county by June 
30, 1998, instead of June 30, 2001, as in the original amendment.
  Mr. President, the two Los Alamos governmental entities are the last 
remaining recipients of payments under the Atomic Energy Community Act 
of 1954. That law originally encompassed the Hanford area and the Oak 
Ridge area in Tennessee as well. When those communities ceased to 
receive payments under the act, substantial settlements were reached 
with the communities to put them on a firm financial footing.
  Senator Jackson and Senator Magnuson won approval of an amendment of 
a settlement for the Hanford communities in the late 1970's. Senator 
Howard Baker, then the majority leader, spearheaded the Oak Ridge 
settlement in the early 1980's during the Reagan defense buildup when 
defense funds were plentiful.
  Mr. President, unfortunately, the Los Alamos community and DOE did 
not reach agreement at that time on a transition plan. The Department 
of Energy told Congress in a 1986 report that the existing arrangement 
should be continued. So Senator Domenici and I in 1986 offered an 
amendment extending the payment for 10 years to June 30, 1996.
  Mr. President, we do not have the option today of making a 
substantial one-time payment to the Los Alamos entities. The Department 
of Energy has been discussing possible land transfers and other 
arrangements with the county.
  These arrangements will involve other Federal agencies and other 
local entities, and will require time and will probably require that 
legislation be enacted.
  The Department of Energy also must negotiate a new contract with the 
University of California to run the laboratory in 1996, and there is a 
possibility that the Department of Energy will decide to compete that 
contract. The details of that contract could also affect the county and 
the school board significantly.
  For those reasons, Senator Domenici and I are proposing to give these 
processes time to work and have the Congress revisit this issue late 
next year, or more likely in 1997, with specific Department of Energy 
proposals in hand.
  The provision that we are offering has been worked out between the 
Department of Energy and the community leaders and has the support of 
both as an interim step toward a comprehensive solution within the next 
2 years.
  Mr. President, I understand this is acceptable to both the majority 
and the Democratic sides, and I urge support of the amendment.
  Mr. THURMOND. Mr. President, we have no opposition to this amendment 
and are willing to accept it. As I understand, the amendment is offered 
not only by the distinguished Senator who is speaking, Senator 
Bingaman, but also Senator Domenici. They are both in favor of the 
amendment, and we are willing to accept it.
  The PRESIDING OFFICER. If there is no further debate on the 
amendment, without objection the amendment is agreed to.
  So the amendment (No. 2427) was agreed to.
  Mr. THURMOND. Mr. President, I move to reconsider the vote.
  Mr. BINGAMAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BINGAMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2157

 (Purpose: To require the Secretary of Defense to take such actions as 
    are necessary to reduce the cost of renovation of the Pentagon 
              Reservation to not more than $1,118,000,000)

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the pending 


[[Page S 12529]]
amendment 2125 be temporarily laid aside so that I can offer an 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BINGAMAN. Mr. President, I call up for consideration amendment 
No. 2157.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Bingaman], for himself, 
     Mr. Feingold, Mr. Wellstone, and Mr. Lott, proposes an 
     amendment numbered 2157:

  The amendment is as follows:

       On page 515, between lines 2 and 3, insert the following:

     SEC. 2864. RENOVATION OF THE PENTAGON RESERVATION.

       The Secretary of Defense shall take such action as is 
     necessary to reduce the total cost of the renovation of the 
     Pentagon Reservation to not more than $1,118,000,000.

  Mr. BINGAMAN. Mr. President, I offer this amendment on behalf of 
myself, Senator Feingold, Senator Wellstone, and Senator Lott. It is a 
very simple amendment. The amendment sets a new target for the total 
cost of renovation of the Pentagon over a multiyear period. The target 
that we set in here is $1.118 billion. That is $100 million less than 
the level previously set.
  Mr. President, in 1990, Congress took the Pentagon out of the hands 
of the General Services Administration and put it in the hands of the 
Department of Defense. The reason was that the GSA was doing nothing to 
renovate the building, which was in disrepair, and was getting paid a 
lot more than maintenance costs. The 1990 law set the course for 
Pentagon renovation. Such renovation is desperately needed. There is no 
question about that. The building is over 50 years old. Its utilities 
are totally outmoded. Power outages are routine. Rats roam the 
basement. There is no question that we need to move ahead, and we are 
moving ahead.
  In recent years, the Appropriations Committee has required the 
Secretary of Defense to certify that the total cost of Pentagon 
renovation will not exceed $1.218 billion. Secretary Perry sent the 
last such certification to Senator Byrd on December 19, 1994.
  In March of this year, Secretary Perry appointed a steering committee 
chaired by Dr. Kaminski to review plans for the Pentagon renovation and 
to make recommendations on options available for cost reductions, 
transition of personnel, and ultimate tenancy of the building.
  It is my understanding that Deputy Secretary White has now taken over 
that committee. The March Pentagon news release says that--

       This review will include a reexamination of all lower cost 
     options. At a time when the Secretary has initiated efforts 
     to improve housing for our soldiers, sailors, airmen, and 
     marines, we need to do all we can to insure that dollars 
     being spent for other infrastructure projects are not being 
     taken away from the very high priority of improving the 
     lifestyle of our men and women in uniform. It is also prudent 
     at this stage in the project to take a new look to insure 
     that costs are being contained and that we won't end up with 
     more money being spent than initially estimated.

  Mr. President, my cosponsors and I agree with that statement from the 
Pentagon. We are spending $161 million this year for Pentagon 
renovation. The Secretary is right that it is time to assess where we 
are. There is evidence that we can get a better price than the $1.218 
billion previously estimated for the renovation.
  On page 33 of the annual status report on Pentagon renovation 
submitted March 1, 1995, it is noted that--

       Favorable bids on the Basement Phase I renovation were 
     received on August 10 of 1994. The contract was awarded 
     August 30, 1994 to Hyman Construction Company for 
     $48,043,871. The original bid was about 36 percent below the 
     Government estimate.

  The amendment we are offering today gives the Pentagon steering 
committee a target to aim for in their cost reduction efforts, and I 
for one hope they can do even better than this target. When we are 
asking Americans in all walks of life to tighten their belts, the 
Pentagon can do its fair share at the renovation of its headquarters. 
That is what this amendment attempts to achieve.
  Mr. President, as I understand the situation, the majority has agreed 
to this amendment, and on the Democratic side Senator Glenn has 
indicated opposition and a desire to speak to the amendment. 
 Until he comes and has that opportunity, I suggest the absence 
of a quorum.

  Mr. BROWN addressed the Chair.
  The PRESIDING OFFICER. Does the Senator withhold his quorum call 
request?
  Mr. BINGAMAN. Mr. President, I do withhold the quorum call request.
  The PRESIDING OFFICER. Who yields time to the Senator from Colorado?
  Mr. THURMOND. Mr. President, I will yield such time as the Senator 
requires.
  The PRESIDING OFFICER. The Senator from Colorado.
  Mr. BROWN. I thank the distinguished chairman of the committee.
  Mr. President, I will shortly offer an amendment with regard to 
Fitzsimons Army Hospital located just outside Denver, CO. I thought I 
would take advantage of the lull here for a moment and just share a few 
thoughts about Fitzsimons.
  It is with some sadness that I offer an amendment with regard to 
Fitzsimons. This hospital is one that has played an important role in 
Colorado and in the Rocky Mountain region for many, many years.
  It is on the Base Closure Commission's list of facilities to be 
closed. And thus the community has sought, on a rapid basis, to find 
another use for this facility. That will be the subject of the 
amendment that I will offer. But I wanted to share a few thoughts with 
the Chamber also about Fitzsimons because it is an important faculty 
for Colorado as well as the entire region.
  It was built during World War I in response to a number of casualties 
that came in from the fronts in Europe and provided treatment for our 
military personnel. It is an area that I know well. The place where it 
is built is just east of the city of Denver and is an area where my 
grandfather fed cattle prior to and during World War I. It is a 
hospital that has long served the people of the Rocky Mountain region. 
It is where my great-grandfather passed away. He was a Civil War 
veteran and received treatment at that facility and then passed away 
prior to World War II, where my father took his enlistment physical 
just after Pearl Harbor in 1942. It is where I took my enlistment 
physical when I entered the Navy in 1962.
  It is sad that it is closing. And I say that because our delegation 
was interested in saving money and has several times----
  Mr. THURMOND addressed the Chair.
  Mr. BROWN. Mr. President, I yield to the distinguished Senator from 
South Carolina.
  Mr. THURMOND. On the question of time, how does the Senator want his 
time charged? Is he going to offer an amendment? Does he want time 
charged to himself?
  Mr. BROWN. Yes, Mr. President.
  Mr. THURMOND. Mr. President, is that clear now? The time he uses will 
be charged to him when he offers this amendment and not to the present 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWN. What is the pending business of the Senate?
  The PRESIDING OFFICER. The pending question is amendment 2157 offered 
by the Senator from New Mexico.
  Mr. BROWN. Mr. President, I ask unanimous consent that the pending 
amendment be set aside so I may offer an amendment to the bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2428

 (Purpose: To urge the Secretary of the Army to move expeditiously to 
lease the Fitzsimons Army Medical Center, Colorado, slated for closure 
                                 1995)

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

       The Senator from Colorado [Mr. Brown] proposes an amendment 
     numbered 2428.

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

       At the appropriate place in the bill, add the following new 
     section:
     
[[Page S 12530]]


     SEC.   . SENSE OF THE CONGRESS REGARDING FITZSIMONS ARMY 
                   MEDICAL CENTER, COLORADO.

       (a) Findings.--The Congress finds that--
       (1) Fitzsimons Army Medical Center in Aurora, Colorado has 
     been recommended for closure in 1995 under the Defense Base 
     Closure and Realignment Act of 1990;
       (2) The University of Colorado Health Sciences Center and 
     the University of Colorado Hospital Authority are in urgent 
     need of space to maintain their ability to deliver health 
     care to meet the growing demand for their services;
       (3) Reuse of the Fitzsimons facility at the earliest 
     opportunity would provide significant benefit to the cities 
     of Aurora and Denver; and
       (4) Reuse of the Fitzsimons facility by the local community 
     ensures that the property is fully utilized by providing a 
     benefit to the community.
       (b) Sense of Congress.--Therefore, it is the sense of 
     Congress that upon acceptance of the Base Closure list--
       (1) The federal screening process for Fitzsimons Army 
     Medical Center should be accomplished at the earliest 
     opportunity;
       (2) The Secretary of the Army should consider on an 
     expedited basis transferring Fitzsimons Army Medical Center 
     to the Local Redevelopment Authority while still operational 
     to ensure continuity of use to all parties concerned;
       (3) The Secretary should not enter into a lease with the 
     Local Redevelopment Authority until he has established that 
     the lease falls within the categorical exclusions established 
     by the Department of the Army pursuant to the National 
     Environmental Policy Act (42 U.S.C. 4321 et seq.);
       (4) This section is in no way intended to circumvent the 
     decisions of the 1995 BRAC;
       (c) Report.--180 days after the enactment of this Act the 
     Secretary of the Army shall provide a report to the 
     appropriate committees of the Congress on the Fitzsimons Army 
     Medical Center that covers--
       (1) The results of the federal screening process for 
     Fitzsimons and any actions that have been taken to expedite 
     the review;
       (2) Any impediments raised during the federal screening 
     process to the transfer or lease of Fitzsimons Army Medical 
     Center;
       (3) Any actions taken by the Secretary of the Army to lease 
     the Fitzsimons Army Medical Center to the local redevelopment 
     authority;
       (4) The results of any environmental reviews under the 
     National Environmental Policy Act in which such a lease would 
     fall into the categorical exclusions established by the 
     Secretary of the Army; and
       (5) The results of the environmental baseline survey and a 
     finding of suitability or nonsuitability.

  Mr. BROWN. Mr. President, this amendment is one that we have worked 
with members of the Armed Services Committee to tailor. It is only a 
sense of the Senate, but it expresses a strong hope that this country 
will move quickly to develop another use for the Fitzsimons hospital.
  Mr. President, I might point out that it was my wish we offer 
legislation on this bill to transfer the hospital so it could be 
immediately turned over to another beneficial use. Unfortunately, I am 
advised that it is the wish of the committee that we not proceed in 
that fashion. While that alternative use is desirable, both for the 
Federal Government and for the community, it is the wish of the 
committee to follow a procedure set forth in law.
  The problem with doing so, Mr. President, is that a delay could cause 
the loss of this alternative use. Fitzsimons Medical Center is a vital 
and important part of our economy. It will be shut down. It will be 
closed. It is the thought of the community that it should be 
immediately put to new use. And, fortunately, the University of 
Colorado's Health Science Center happens at the moment to be looking 
for an alternative facility. It is a serendipitous circumstance that 
this reuse is available just at the time the facility is being shut 
down.
  So, what we had hoped to have is an immediate authorization for it to 
be used by the University of Colorado Health Science Center. It could 
provide significant savings because you would not have the long delay 
and expense of the shutdown and the closedown. It could provide 
immediate and beneficial use of the facilities, saving not only the 
University of Colorado money but the Federal Government money as well.
  Mr. President, that is not what this amendment does. I wish it did. 
What this amendment does is simply express the sense of Congress that 
this alternative has merit and ask for its prompt consideration. My 
hope is, though, that we will see the Pentagon act expeditiously in 
developing this as the alternative use. It is of enormous benefit to 
the community to have this facility reused as a medical center. It not 
only makes the best use of the facility, but it also helps the 
community by saving jobs, medical jobs, that had been at Fitzsimons. 
Many of them can be saved by this alternative use by the University of 
Colorado.
  Mr. President, last, let me close with this thought. The delegation 
from Colorado did not come in as others have in some areas and said, 
``No, do not look at our facility. Do not consider us in trying to save 
money.'' We said, if closing down Fitzsimons makes sense, it ought to 
be done. But if it does not, if it is not the most cost-effective 
alternative to save money, then do not do it. And our delegation itself 
asked for studies to indicate whether or not it was economically 
feasible to keep it open.
  The objective studies done by the Pentagon independently indicated it 
was cost effective to keep the facility open. It provides medical 
services for the entire region.
  After that objective study was done, questions were again raised. We 
again asked for a second objective study. That second objective study 
came back. Again, it identified that it was cost effective to keep this 
facility open. Fitzsimons was one of those facilities kept open between 
World War I and World War II. It was kept open, I believe, because it 
services an entire region of the country in terms of health care for 
our veterans and for our service men and women. It was kept open 
between World War I and between World War II and kept open after World 
War II and before Korea and kept open after Korea and before Vietnam 
and kept open after Vietnam.
  When it was put on the closure list, we asked one thing of the 
Commission: to review the independent studies, and if they disagreed 
with those studies, tell us where they did disagree. Mr. President, 
they did not do that. All the objective studies that looked at 
Fitzsimons indicated it was responsible to keep it open and 
functioning. When the Base Closure Commission looked at it, they did 
not address those studies.
  Mr. President, this is a mistake. It is a mistake to close the 
facility. It is not a cost-effective move on the part of the military. 
What is more, the Base Closure Commission has never addressed the 
independent studies and findings that showed it was cost effective.
  Mr. President, I support the Base Closure Commission. I will vote for 
their report. But, Mr. President, I do not agree with all of their 
suggestions. It will be a sad day when this facility is closed. I am 
happy, though, to see that there is a positive, significant, 
alternative use for it. It has the broad support of the full delegation 
of Colorado and the broad support of the entire community. But, Mr. 
President, I continue to feel it is a mistake for the U.S. military to 
close a facility that is a most cost-effective alternative to health 
care needs that they are committed to supply.
  Mr. President, I yield the remainder of my time.
  The PRESIDING OFFICER. Who yields time?
  Mr. THURMOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. THURMOND. Mr. President, we would like more time to look into 
this amendment. We cannot go undermining what the Base Closure 
Commission has done, but we would like to study this amendment further.
  I ask unanimous consent that it be set aside and let us consider it 
further during the day.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. REID addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, I ask unanimous consent, since there is a 
lull on the floor, that I be allowed to speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________