[Congressional Record Volume 141, Number 136 (Tuesday, September 5, 1995)]
[Senate]
[Pages S12556-S12579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  RETIREMENT OF SENATOR CLAIBORNE PELL

  Mr. EXON. Mr. President, we have just heard the announcement in the 
typical style of the great Senator from the State of Rhode Island. 
Certainly, he has left his mark. I will not be here to miss him at the 
conclusion of his term but others will miss him. The institution of the 
Senate will miss him because I can say that I know of no one who has 
been more forthright in demonstrating to his colleagues in the Senate 
and the folks that he has so ably represented back home in Rhode Island 
what a U.S. Senator should be, what a U.S. Senator is all about.
  Claiborne Pell has been a man of outstanding character, a very hard-
working, dedicated soldier for the Senate and for the United States of 
America and, of course, for Rhode Island.
  Certainly, he has distinguished himself in many areas during his term 
of service. Most distinguished, I suspect, has been the steady hand he 
has provided as a very senior member of the 

[[Page S 12557]]
Foreign Relations Committee. He is the former chairman of the Foreign 
Relations Committee. The people of the world will miss the steady hand 
that Claiborne Pell has always provided.
  During my terms in the Senate, I have considered him a model of 
consistency, thoughtfulness, a true gentleman of the Senate, the likes 
of which we may never have seen before, probably the likes of which we 
will never see again.
  Claiborne, congratulations on your outstanding statement. I wish you 
well. The most exciting part of your speech to me was you indicated you 
still would be active, you still would be around, you still would be 
fighting the principles that have been your hallmark all during the 
time you have been a Member of this body. Thank you so much for your 
contribution of a personal nature. Thank you so very much for your 
friendship over the years.
  Mr. President, I yield the floor.
  Mr. THURMOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. THURMOND. Mr. President, we just heard the announcement by the 
Senator from Rhode Island [Mr. Pell], that he is not going to run 
again. Senator Pell is a man of integrity. He is a man of ability. He 
is a man of dedication. We have all enjoyed serving with him. He served 
ably as the Foreign Relations Committee chairman some years ago and did 
a good job. We are going to feel a void in the Senate when Senator Pell 
leaves.
  I wish to say to you that your colleagues here in the Senate feel 
most kindly toward you. They think highly of you. They wish you well. 
We hope you enjoy good health. Good luck. God bless you and God bless 
all you have stood for while you were here.
  Mr. LIEBERMAN. Mr. President, the announcement that Senator Pell has 
made today that he will retire from the Senate at the end of this term 
obviously in one sense fills us with sadness because we will no longer 
have the benefit of his service and the pleasure of his company. In 
another sense, I would say it is not just sadness; it is a time to 
celebrate and express respect for an extraordinary career of service in 
the Senate. Claiborne Pell has run the race well and has an awful lot 
to be proud of. He leaves a legacy of great accomplishment.
  I think we will not only think first but quite significantly of the 
Pell grants. I do not know how many recipients of those Pell grants, 
whose lives have been changed by the opportunity Senator Pell's 
legislative leadership gave them as poor people to receive an 
education, know exactly who Claiborne Pell is, but they ought to know.
  He is a man who came to the Senate with a proud tradition of service 
in his family which he carried forward. He is a man who has measured 
himself by his accomplishments and by the principles which his service 
has reflected. The Pell grants may be the most visible of them because 
of the extent to which his name is attached to them, but that is only 
the beginning of his service.
  I think also of not only the other work he has done to support public 
education and broadening opportunity in this country but the pioneering 
work--and often the lonely work--he has done on behalf of the rule of 
law in international relations. He carries around in his pocket the 
charter of the United Nations. I do not know of another Member of 
Congress--there it is--who does that.
  Claiborne Pell was there when the charter was put together and 
ratified, and his service in this Chamber has been a service that 
respected and attempted to give meaning and life to the great hopes and 
principles for international law expressed in that charter. He has 
pursued individually and as chairman of the Senate Foreign Relations 
Committee ratification of treaties that would have sat dormant, 
treaties that expressed hopes, offered the opportunity to realize and 
create some rule of law and morality in international affairs where 
they might not otherwise exist.
  This is an extraordinary legacy, a legacy of substantial 
accomplishment. But I wish to say at this time--and it is not all that 
one wants to say, but I do want to say in the midst of a time in our 
politics when people have become all too vicious and partisan, where 
people strive too often for political advantage as opposed to public 
service, Claiborne Pell has established a very high standard of public 
service and public civility.
  Earlier this year, the Speaker of the House, Mr. Gingrich, talked 
about the need to renew American civilization--a worthy goal.
  But it strikes me that we will not ever get to renewing American 
civilization unless we can renew American civility in our public and 
private lives. And by private lives I mean in the life of our community 
and in the basic interaction that we bring to our families, to our 
neighborhoods, to our communities and that Claiborne Pell has brought 
to service in this body. This is as a fellow New Englander, neighbor in 
Connecticut. I am very proud to think that Claiborne represents the 
best of our long history in his steadfast and deep commitment to the 
best interests of our country, in his wider vision of service to the 
best interests of our world, of humankind, and in the extremely decent, 
thoughtful way he has gone about arguing for principles and causes 
without ever being contentious or disagreeable.
  He has a wonderful family. His wife and children and grandchildren 
bring him the greatest pleasures I have seen when I have been with him.
  As to this question of his physical condition, I can offer this 
personal testimony. My wife and I often jog on a small track at 
Georgetown University right across the street from Georgetown Hospital. 
And many a morning as we have jogged, we have seen, usually ahead of 
us, a solitary figure out there, sometimes uniquely wearing a tweed 
coat while jogging--we do not see this often on the track--none other 
than our beloved Senator Claiborne Pell.
  So at this moment I consider myself fortunate that by a twist of fate 
I should be on the floor to express my great admiration for Senator 
Pell, my thanks to him for the model, the standard he set up for so 
many of the rest of us who serve here and my best wishes to him that he 
and his wonderful family have good luck and all of God's blessings in 
the many years that I know he has ahead.
  [Applause, Senators rising.]
  Mr. LIEBERMAN. Mr. President, I yield the floor.
  Mr. CHAFEE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Rhode Island.


                    Honoring Senator Claiborne Pell

  Mr. CHAFEE. I wish to make a few comments about my colleague from 
Rhode Island, Senator Pell, who today announced that after 36 years in 
this Chamber he will be retiring.
  This decision obviously cannot escape the reflection of the Senate 
whose Chamber has been given such dignity, such courtesy, such 
statesmanship through the dedicated service of Claiborne Pell. Nor can 
this announcement be taken lightly by our State, our joint State of 
Rhode Island. Our small State, as you can expect, makes big demands on 
its Senate delegation. We all know that the Senate was created in the 
Constitution in order to protect the smaller States from the will of 
the larger, more powerful, more prosperous States over the smaller 
ones. And over the years, different events have created special needs 
in our State that only the Federal Government has been able to 
adequately address.
  Now, there is no doubt, Mr. President, that the Senate and the State 
of Rhode Island will miss Senator Pell. Over 35 years--and 36 when he 
finishes--he has served our Nation and his State with great 
distinction. He not only lived up to the demands of his office, but, 
indeed, he left his handiwork on some of the most important areas and 
policy that our Nation has encountered. Let us just briefly take a look 
at them.
  First, I believe Senator Pell will be most remembered for his work in 
education, particularly providing for education for lower- and middle-
income families in this Nation of ours. Now, many of the younger people 
today, even the younger Members of the Senate refer kind of casually to 
Pell grants, as though they have always been there. But they have not. 
The principle behind that program was not as widely accepted as today 
when they were started by Senator Pell.
  In recognition for the great accomplishment as the primary sponsor of 
the legislation creating these grants, as I recall, it was a 
Republican, Senator Javits, who proposed they be 

[[Page S 12558]]
named the Pell grants. It was that, I think, that was a reflection of 
the bipartisanship that existed in the Foreign Relations Committee and 
in the Labor Committee among Senator Pell and his colleagues. And, 
indeed, it seems to me, as chairman of the Foreign Relations Committee, 
one of the things that Senator Pell had always strived for was 
bipartisanship, to reach a consensus, to have matters reported out 
unilaterally. That has been one of his goals. He certainly has achieved 
it.
  Now, another example has been Senator Pell's longstanding commitment 
to protection of the oceans and the coastal resources of our country. 
He has been a champion, originator of the Sea Grant Program, which is 
part of the National Oceanic and Atmospheric Administration. And he has 
been the leading Federal sponsor of the University of Rhode Island's 
School of Oceanography, which is the crown jewel of one of our State's 
fine institutions of higher education.
  Senator Pell has demonstrated his expertise in foreign affairs. He 
has been chairman of the Committee on Foreign Relations for several 
years. He distinguished himself as a man of peace. His active work to 
achieve agreements with other nations to limit chemical weapons, for 
example, and nuclear weapons nonproliferation are matters that he has 
worked on constantly ever since he has been in this Chamber.
  In addition, Senator Pell has been the leading advocate, the leading 
advocate in the Senate, for the betterment of our Nation's cultural 
life, primarily through his sponsorship and initiation of the National 
Endowment for the Arts. And I think he will long be remembered for that 
likewise. No question about it.
  Beyond these overarching policy concerns, Senator Pell has been a 
strong advocate for our State. And it is a pleasure that I have had in 
working with him since the years that I have been here on things like 
the preservation of historic Cliff Walk in Newport and the South East 
Light on Block Island or retaining the submarine construction industry 
in our State.
  And when one out of every three Rhode Islanders found themselves 
without access to deposits through failed credit unions--one out of 
every three Rhode Islanders, 33 percent of our State, had some money 
tied up in credit unions when they failed--Senator Pell greatly helped 
in crafting Federal assistance for that.
  Above all, I wish to emphasize those personal qualities that Senator 
Pell has brought to this Chamber as an example for all of us. At some 
point we have all been tired and contentious in debate with the sense 
that we will never finish some of this complicated legislation. But 
Senator Pell has never lost his pleasant disposition, his calmness, his 
sense of objectivity, his striving to achieve a consensus that I 
mentioned before. This is particularly important, his honesty coming 
through.
  And that is important in our State where we have had a series of 
mismanagement and scandals and outright failures. And, indeed, many 
people of our State have gotten very, very cynical about their elected 
officials, but not about Senator Pell, who has stayed on the high road 
ever since he came into public life.

  So, Senator Pell will leave the Senate a better place for his having 
been here. My father used to say, ``Try to leave, wherever you have 
been, your work station a better place than when you got there.'' And 
certainly Senator Pell has followed that admonition. His work station, 
this work station, the Senate of the United States, is a better place 
for his having been here.
  He has left an example for all of us to aspire to. So it is with 
regret and affection that I wish him well in the years to come and that 
he may enjoy the best of health and the pleasantries and good times 
that come with his family and with good health that I so hope that he 
will enjoy.
  I thank the Chair.
  I thank the distinguished Senator from New York for letting me 
proceed.
  Mr. MOYNIHAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from New York.


                    Honoring Senator Claiborne Pell

  Mr. MOYNIHAN. Mr. President, this Chamber has been graced with many a 
fine and wondrous person. Rarely has a State sent two such. In the 
remarks of the junior Senator from Rhode Island concerning his senior 
colleague, we have an example the Republic would do well to consider.
  I would think, sir, of two moments. The first--and I see the senior 
Senator from Massachusetts on the floor--first would be in 1960, 
November, the Presidential election of that year. They were in a store 
front on Salina Street in Syracuse, NY. And my wife Elizabeth had 
persuaded Robert F. Kennedy that if his brother, then Senator Kennedy, 
could carry Syracuse, carry Onondaga County and carry New York, and 
accordingly become President of the United States, not the worst 
calculation, as a properly Democratic city had not voted Democratic 
since 1936. At 9:12 that evening, a phone call came from the compound, 
as I believe it was called, and it was Robert F. Kennedy calling for my 
wife, and the exchange went very quickly. It said: ``Did we?'' ``Yes.'' 
Click, and we had done it.
  Then President Kennedy had come to office, or would do, and within 
about 5 or 10 minutes, young Robin Pell, who had been working with the 
Kennedy campaign in upstate New York, came in, was there and put down 
the phone and said, ``Cousin Claiborne has been elected as well.''
  That is the beginning of a third of a century in this Senate, but a 
career already well begun because I said, Mr. President, I would speak 
of two moments. The other took place in San Francisco not hours ago, if 
you would like. President Clinton was speaking in that city on the 
occasion of the 50th anniversary of the agreement to the U.N. Charter. 
It was in a great hall, the music, the opera where the ratification had 
taken place, and the delegates in what would have been, I dare not ask 
the Senator, I believe 56 countries. The President looked up into the 
boxes and said: ``And Claiborne Pell was present.''
  Indeed, he was on assignment from the military, the Coast Guard, his 
beloved Coast Guard in which he served valiantly in the Second World 
War. He carries that charter with him today, reminding a Senate and 
certainly an administration that sometimes seems to have forgot that we 
made promises in those days in the aftermath, not yet finished, of that 
extraordinary world conflagration.
  He carried that forward as chairman of the Senate Committee on 
Foreign Relations, by all understanding, the senior committee of the 
Senate, with its solemn responsibilities in peace and war. He has done 
so with a civility, a civility of which the Senator from Connecticut 
spoke, that could only come from someone so deeply committed to peace, 
having known war and having known the effort in the aftermath to create 
peace.
  He served behind the Iron Curtain in the Department of State. No 
other Member of this Chamber has ever done that. He did in what is now 
Slovakia in times that were difficult, tenuous and, in the case of his 
mission, dangerous.
  He brought to the Senate floor two of the most important treaties for 
the control of nuclear weapons in our history. And if we may think that 
at last we may have achieved a measure of control, Claiborne Pell will 
be remembered as the person who brought them forth as a common 
understanding of this body, not a contentious, not a ragged, not a 
narrow, but a firm commitment that the other nation involved could 
accept because of that unanimity.
  Other Senators wish to speak. I will only say, and I hope I can 
claim, I hope the junior Senator will not be amiss, that by rights, he 
is a New Yorker. His father represented Manhattan, a district in 
Manhattan, in the House of Representatives. His father was chairman of 
the New York County Democratic Committee, a most honored and, at times, 
advantage not of which some of us still admire and respect and hope to 
do.
  It is typical, as the junior Senator said, that when the Pell Grants, 
that great beneficence, came to the moment when it was to be enacted, 
it was the Senator from New York, my revered former colleague, Senator 
Jacob K. Javits, who said they ought to be named for the Senator who 
has made them possible--Claiborne Pell of Rhode Island.
  It is much too early to say we will miss him. He is still very much 
among 

[[Page S 12559]]
us. He will not for a moment leave public service. In this time to 
speak to the extraordinary achievement of this Senator, I would not be 
amiss, I hope, and I am sure I will not, to mention Nuala, without whom 
it could not possibly have taken place.
  Mr. President, with great respect to my colleague who sits right 
before me now, I thank him for all those things, and yield the floor.
  Mr. KENNEDY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.


                      Honored to Serve the People

  Mr. KENNEDY. Mr. President, just a few hours ago, in his very typical 
manner, Claiborne Pell addressed the people of the State that he has 
served so nobly and so well to announce his decision not to seek 
further election opportunity to represent the people of Rhode Island. 
And then just a few moments ago, he talked to this institution and its 
representatives and to the people of the country about his sense of the 
meaning of the institution of the U.S. Senate and about how he has been 
honored to serve the people of Rhode Island for these past years in 
advancing not just their causes but the causes of our Nation.
  It is a powerful example, Mr. President. All of us should take just a 
few moments to reflect on the career of this extraordinary Senator and 
his life of public service in a world where very often the idea of 
serving the public is dismissed or disdained or ridiculed or condemned.
  We marvel at this extraordinary man and the totality of his lifetime, 
his service in wartime in the Coast Guard, his years in the Foreign 
Service with great distinction, which have been commented on so well by 
our friend and colleague from New York and others, and his 
extraordinary service in the U.S. Senate.
  As one who has shared his party label, I would be quick to join with 
those on the other side of the aisle who always found Claiborne Pell 
was committed to advancing the causes of the people he represented in 
Rhode Island and all Americans, and did it in a way that brought us 
together and achieved the greatest support.
  Mr. President, today we honor the people of his State as well, the 
people of Rhode Island, because for these many years, they have sent 
this extraordinary man to the U.S. Senate. His service is a powerful 
reflection of their values, of the causes which they hold dear, of the 
high ideals by which they are motivated and what this institution is 
really about. We honor the people of Rhode Island for the man they have 
selected to serve them so well in the U.S. Senate.

  I join with others who commend Senator Pell for his extraordinary 
contributions and his innovations in so many different areas of public 
policy. I think if I asked the Senator right now on this important day 
if he had in his pocket a small notebook that would indicate the number 
of days that the children of America spend in school versus the number 
of days that the children of Japan spend in school versus the number of 
days that the people of Germany spend in school, he would have it. I 
take note now, as I am looking over at my very good, valued, and dear 
friend, that I think he has just pulled that notebook out of his 
pocket.
  Does the Senator care to respond so that we can put into the Record 
one more time just what those figures are? I think it is useful 
information, and there is nobody who displays it with such commitment 
as the Senator from Rhode Island.
  Mr. PELL. Mr. President, in the United States, we have 180 days a 
year school; in Sweden, there are 200; in the Soviet Union, 210; in 
Canada, 200; in Thailand, 220; in Japan, 240; in Italy, 213. We are way 
down the list.
  Thank you.
  Mr. KENNEDY. Mr. President, I do not have to recite the Senator's 
commitment in the area of the education of the young people of this 
country. I think all of us can see here, all of us who have been 
honored to serve on the Education Subcommittee which he has championed 
and led over these many years, that this is not just a public policy 
issue for him. This is a commitment, a deep commitment, one that 
continues with him every single hour of every single day.
  I will just address the Senate for a moment about the value the 
Senator has placed on education, and about some of the innovative 
initiatives he has taken over his extraordinary life.
  Mr. President, today in Rhode Island, in my State, and in all of our 
States represented here, there are millions of young people whose hopes 
and dreams will be achieved because of the work in education by Senator 
Pell as chairman of the Education Subcommittee for so many years, 
because of his dedication and his commitment, and because of his 
tenacity and his willingness to bring various groups together, from the 
youngest of children in the early Head Start programs, to pupils in the 
high schools of this country, to students in the colleges throughout 
this land. Millions of Americans perhaps do not know the name of 
Claiborne Pell, but their lives have been forever changed because of 
his service and commitment in the field of education.
  So I think I speak for all the parents of Massachusetts when I say: 
Thank you, Senator Pell, for the work that you have done in education.
  I also had the good fortune to serve on the Labor and Human Resources 
Committee when Senator Pell--again, in a bipartisan way with Senator 
Javits--began the initiative that has continued on and enhanced and 
enriched the lives of so many of our citizens through the creation of 
the National Endowments for the Arts and the Humanities. He understood 
that the greatest days of any civilization are recognized over history 
by respect and support for the arts and humanities, more than through 
the use of force and weaponry.
  He has made that case so well and so eloquently and provided such 
leadership in those areas. I can remember being here as a young Member 
of the Senate when the Senate took up the Seabed Treaty, to try to 
prevent nuclear weapon from being planted in the ocean bottoms. Even 
though the Soviet Union and United States had not done so, we were 
moving technologically to the point where each nation could have done 
so. The Senator was ahead of his time. Even in the height of the cold 
war, he was able to achieve accomplishments and agreements in 
anticipation of new types of technology. What a difference that has 
made.
  Mr. President, reference has been made here about Nuala Pell, and I 
want to join in saying that I know that Claiborne and Nuala are such a 
strong team for Rhode Island and such wonderful, loving, caring friends 
to President Kennedy, to my brother Bob, and to all the members of our 
family. I commend their four children--Herbert, Christopher, Dallas, 
and Julia--and their five grandchildren, who have brought so much joy 
to their family, and who will always be proud of Senator Pell's 
extraordinary service to the country. He has been the kind of Senator 
that all of us hope to be able to be compared to.
  So, Claiborne, we admire your service. We know that you will continue 
to be involved in public life in the years ahead, and we are grateful 
for all that you have done--not just for your State but for the Nation, 
which I know you have loved and continue to love, and that you have 
served so well.


                   Tribute To Senator Claiborne Pell

  Mr. SIMON. Mr. President, I want to join the others who are paying 
tribute to our colleague, who has announced today that he will not seek 
reelection. I heard Senator Chafee say the Senate today is a better 
place because of Senator Pell. I do not know that the Senate is a 
better place than the day Claiborne Pell arrived, but it is true that 
he has improved the quality of life around here by his conduct. And 
what is unquestionably true is that the Nation is a better place 
because of Claiborne Pell's service.
  We use the term ``public servant'' rather freely around here, more 
freely than sometimes we should. We apply it to anyone who holds public 
office. A man who died just a few weeks ago, who succeeded Averell 
Harriman as head of the Marshall plan in Western Europe, Milton Katz, 
told me one time that there are two kinds of politicians: Those who 
seek office because they want to be whatever it is--Senator, Governor, 
President, whatever the office--and those who seek office because of 
what the office can do. There is a little bit of both in all of us. But 
Claiborne Pell is there because he wants to serve the public. It is 
evident in everything he does. 

[[Page S 12560]]

  Someone--I forget who--used the word ``civility.'' We hear that a 
great deal these days. But we do not hear much genuine civility. There 
is excessive partisanship. I think one of the changes that I have 
seen--and I am sure Senator Pell would agree--in the 21 years that I 
have served in either the House or the Senate, is that we have become 
more partisan. I think, frankly, we serve the Nation less well when we 
become excessively partisan. That has not been Clay Pell's style. As 
has already been referred to, because of his contributions and what he 
has done in the field of education, millions of Americans are better 
off.
  The National Endowment for the Arts and the National Endowment for 
the Humanities are somewhat controversial today, but some day we are 
going to be remembered not for the aircraft carriers we build or the 
highways we build, but we are going to be remembered for our 
symphonies, for our works of art, for other things like that.
  In the international field, the Arms Control Disarmament Agency, Clay 
Pell is one of the authors. The United Nations, he was one of the 
alternate delegates to San Francisco. He has been a strong supporter of 
the theory that we have to work collectively with a community of 
nations. If we do not want to be the policemen of the world, to use the 
overworked phrase, we have to work with other countries. Clay Pell has 
recognized that. There is a whole host of things.
  The great tribute we can pay to Clay Pell is not these words that we 
use on the floor here, inadequate as they are. It is by seeing that we 
really do in the field of education what we ought to do, that we get 
the communities of nations to work together, whether it is Bosnia or 
the Middle East, or wherever it is, that we work together. I hope we 
will pay the real tribute to Clay Pell that he would like, and that is 
to see that educational opportunity is here and that the communities of 
nations work together.
  Mr. President, before I yield the floor, my colleague from Iowa, 
Senator Harkin, handed me a note, indicating he would like me to yield 
1 minute to him so he can lay down an amendment before 5 o'clock. I 
yield to the Senator from Iowa.
  Mr. HARKIN. Mr. President----
  Mr. SIMON. I do not yield the floor. I yield 1 minute to the Senator 
from Iowa, then I will yield the floor.
  The PRESIDING OFFICER. The Senator needs to obtain unanimous consent 
if he wishes to hold the floor.
  Mr. SIMON. Mr. President, I ask unanimous consent to yield the floor 
for 1 minute to the Senator from Iowa.
  Mr. THURMOND. Mr. President, I reserve the right to object. I would 
like to hear what the amendment is. I understand it is irrelevant and 
does not concern what we are doing here and is not germane and should 
not be considered on this bill. I would like to hear what the amendment 
is.
  Mr. HARKIN. I just want to lay it down before 5 o'clock. I will do it 
after 5 o'clock, if that is the case. I had a position under the 
unanimous-consent agreement to offer an amendment to the DOD bill. I 
was going to offer the amendment. I will do it after.
  Mr. THURMOND. Mr. President, the amendment has to be relevant. If it 
is on welfare, which I understand, it is not relevant.
  Mr. HARKIN. Mr. President, I did not mean to interrupt the 
proceedings. I thank the Senator from Illinois. I did not know there 
would be an objection. I will offer the amendment later.
  Mr. SIMON. Mr. President, I do not know anything about the amendment. 
I was just trying to accommodate a colleague. I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.


                        Praise for Senator Pell

  Mr. JEFFORDS. Mr. President, I want to join those who are here today 
to speak their praises and feelings for the senior Senator from Rhode 
Island. Many eloquent speakers have preceded me. I do not intend to try 
to compete with them or make remarks of that nature.
  I have served some 24 years and perhaps the only one that served with 
the Senator across the table from the other side during this period of 
time. There is no person that I have come more to admire, respect, or 
feel affection for.
  There are many who have admiration for many others and there are 
those we have great respect for. There are some, sometimes too few, for 
whom we feel true friendship and compassion as an individual, someone 
who we know is in love with life and in love with his job and in love 
with the people that are around him. Senator Pell has all those 
characteristics. I know he has moved all Members in some way or another 
in that respect.
  In the House, he served with the senior Senator from Vermont, Senator 
Stafford. He and Senator Pell were a remarkable combination. I had the 
ability for a time to be able to serve, too brief a time, in this 
Senate with him. During that period of time, I again took the 
admiration and respect and affection that Senator Stafford held for him 
and carried it on in my own feelings.
  What he and I and others have done in the many areas that are 
critical to myself as well as to him, whether it be in education or the 
Endowment for the Arts, but most poignantly I will remember our recent 
trip to Africa where he and his wife Nuala and I and my wife went to 
nations far away from here. The love and affection that the people of 
those countries have for them demonstrates that his knowledge and his 
work is not only appreciated here in this country but throughout the 
world.
  It is with some sadness I am here to speak in this kind of praise in 
a way, but I will miss him and will miss his service. I wish him all 
possible good health in the days ahead and look forward to working with 
him as our monitor from afar.
  I yield the floor.


                        Praise for Senator Pell

  Mr. DODD. Mr. President, I realize the hour is getting late and the 
hour of 5 o'clock will quickly come. We have unanimous-consent 
requests, so I ask that at a later time I will be able to extend my 
remarks about our colleague from Rhode Island and his decision today to 
not seek a seventh term in the U.S. Senate.
  Let me in 1 minute or so, because others are seeking recognition 
before 5 o'clock I presume, join the voices of others who have already 
expressed what I described to my colleague the bittersweet sentiments I 
feel at this moment.
  On the one hand, joy for my colleague and friend who is looking 
forward to new opportunities and new horizons after the term ends in 
January 1997, but also, just as quickly, the sadness that we will not 
have the pleasure of his company here in this body.
  Let me just say, Mr. President, I know a lot is talked about --his 
background and record--and I will get into that at a later time. I 
commend my colleague from Rhode Island for what he said on the floor of 
the Senate. It has become almost predictable as people announce 
retirement, to somehow simultaneously renounce the political process 
one way or another.
  I commend our colleague from Rhode Island for talking positively 
about this process. This institution struggles every day to improve the 
quality of lives of people in this country, and I certainly do not have 
any quarrel with the people who make a decision to do something else 
with their lives, but I wish many times they might think about doing so 
not at the expense of the very institution that they spent years 
serving.
  My colleague from Rhode Island has made that point in his remarks 
today about his pride of service in this institution, about his pride 
of service in the public sector, trying to help people out.
  Mr. President, I will extend these remarks later. To my friend and 
colleague for many years from Rhode Island, I congratulate him, wish 
him well, and look forward to many years of close association with him.
  Mr. STEVENS. Mr. President, as the manager of the bill, the vote is 
scheduled for 5 o'clock. I want to say that I have come to speak about 
my friend from Rhode Island. I ask unanimous consent that we postpone 
that vote until 5:30. We have a period for the conducting of routine 
morning business so we all might make our expressions while our friend 
is on the floor. I have cleared this with the leadership on our side. I 
assume there is no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. If the Senator from Connecticut wishes to continue.
  Mr. DODD. Mr. President, I thank my colleague from Alaska. I wish I 
had 

[[Page S 12561]]
known this yesterday. I might have delayed coming back a little bit 
later. I still would have had some remarks about my colleague from 
Rhode Island.
  I will not take a great deal of time because others want to speak, 
and I will reserve more detailed remarks until later. It was noted by 
our colleague from Illinois, about our friend from Rhode Island, that 
he has conducted his public career and life in a way that many would 
like to see more people in public life serve, and that is with a note 
of civility.
  I think it is of record that the Senator from Rhode Island, in seven 
elections to the U.S. Senate, has never once--never once--attacked a 
political opponent that he has run against in an ad or a speech.
  I suspect that may be a record in this place, at least by today's 
standards where many of us spend half of our budgets going after our 
opponents. It is a worthwhile to note that he never lost an election, 
the Senator from Rhode Island, but always won them by talking about 
himself, what he believed in, his vision for his State and the country. 
My hope is maybe that time will return again in this Nation, where 
politics may be conducted on a more civil basis.
  Mr. President, any one of four or five accomplishments of the Senator 
from Rhode Island could be tantamount to a career for any single 
Member. As has been noted already, the Senator from Rhode Island, of 
course, is responsible for the Pell grant program. If you did nothing 
else in your service but establish the Pell grant program, you could 
call your career a success. Thousands, hundreds of thousands of young 
people in this country who never would have ever been able to have had 
a higher education have done so because of the Pell grant program.
  Had you merely been responsible for the establishment of the National 
Endowment for the Arts, the National Endowment for Humanities, that in 
itself would have been, I think, a significant contribution to this 
country.
  Had you done nothing else but establish the Northeast corridor, had 
you done nothing else but develop the ban on the testing of nuclear 
weapons on the sea beds, that could have been a significant 
accomplishment and a record of tremendous achievement. But our 
colleague from Rhode Island has done all of those things and much more.
  On environmental issues he was way ahead of his time. On the first 
environmental conference ever held internationally, only one U.S. 
Senator showed up at it. That was the Senator from Rhode Island. That 
was years and years ago. Before anybody was even talking about these 
issues, the Senator from Rhode Island understood the value and 
importance of protecting our natural resources.
  So, Mr. President, on a host of issues, Claiborne Pell of Rhode 
Island has fulfilled, I think, the description of what a U.S. Senator 
ought to be--a person who not only represents his State and 
constituents but also represents the national interest and the 
interests of mankind. In over 36 years he has done that with great 
distinction and with a degree of calm, never raising his voice, a 
person who always sought out the better nature of people in debate and 
discussion. It is a role of U.S. Senator that ought to be a model for 
all who serve in this body, to bring to this Chamber a degree of 
elegance and sophistication, a degree of great concern for his fellow 
man.
  My relationship with Claiborne Pell goes back two generations. He 
served with my father, as the distinguished Senator from South Carolina 
and a few others who remain in this body have done. That is more than 
some people should have to tolerate, is two generations of my family, I 
suppose one might say. But not only that, I also point out my brother-
in-law was the finance chairman in the last campaign of the Senator 
from Rhode Island, Bernard Buonanno, from Providence, RI. So our family 
relationships go back not just to service in this Chamber but also 
through a political relationship as well.
  I am quite confident, Mr. President, Claiborne Pell will serve this 
country in many different ways in the years to come. I know I could ask 
him at this very moment whether he is carrying the U.N. Charter with 
him, and I suspect he can reach in his pocket and produce that U.N. 
Charter. I am watching and, as I see him, he is reaching in his pocket 
and there it is. I know I can ask him to do that any day of the week, 
any day of the year. Claiborne Pell carries the U.N. Charter with him 
every single day because of his deep affection and understanding of the 
value of an international body to try to bring people together to 
resolve their difficulties.
  So I am confident we will hear more from Claiborne Pell in the years 
to come. Sadly, it will not be in this Chamber once this term has 
ended. But I join with others in commending him for more than three 
decades of remarkable service and to thank the people of Rhode Island, 
our neighboring State, fellow New England State, for having the good 
sense and wisdom to send him back to the Senate over and over again 
over the years, and to wish him and his lovely wife Luala well in the 
coming years. I look forward to a longstanding relationship with him.
  I congratulate him. He is truly a Senate man.
  Mr. President, I yield the floor.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER (Mr. Frist). The Senator from Iowa.


                             Claiborne Pell

  Mr. HARKIN. Mr. President, I join with those paying tribute to our 
esteemed colleague and friend, Claiborne Pell. I do not think there is 
a stronger argument against term limits than the personage of Claiborne 
Pell. I know it is fashionable to talk about term limits these days, 
limits to the amount of time people can spend here. I have always been 
opposed to that, and I think, looking at the contributions that 
Claiborne Pell has made to this country and to the Senate over the last 
35 years, it is once again a reminder of why the people of the United 
States ought to have the right to return people to office if they so 
desire and not to have some artificial kind of time limit put upon 
service to our country and to this institution.
  Certainly Claiborne Pell's first 12 years were marked by successes 
here, but so were his second 12 years and his third 12 years. Much has 
been said about Claiborne Pell's contributions to education: The 
National Endowment of the Arts, the National Endowment for the 
Humanities, so many other things he has sponsored, promoted, pushed 
through the Congress, got signed into law, which have in so many ways 
advanced the concept of American civilization.
  It has been my privilege to have served for the last 11 years with 
Claiborne Pell here in the Senate, 9 of those years on the Human 
Resources Committee. To watch Senator Pell work is, indeed, I think a 
real lesson, as I think the Senator from Connecticut just alluded to, a 
real lesson in gentility, civility, refinement, and purpose.
  We can have purpose here in the Senate. We can advance our concepts 
and our causes resolutely and forthrightly. But we can do it with the 
greatest degree of civility and respect for the views and the opinions 
of others. No one exemplifies that kind of procedure and process in 
debate more than Claiborne Pell. Resolute he has been, all his life, in 
advancing those issues so dear to him--in education, in the arts, 
humanities, foreign relations. He has been resolute. And, if he did not 
win the first time, he came back the second time. If he did not win, 
then he came back the third and the fourth time. But never with any 
degree of rancor or bitterness, never with any degree of pity or trying 
to second guess what might have been. Claiborne Pell picked up the 
ball, and if he did not win he moved it forward until the next time.
  It is that kind of resoluteness that I admire so much in the 
personage of Claiborne Pell. He is truly one of the giants in the 
history of the U.S. Senate and one of the giants in the history of the 
development, as I said earlier, of our concept of American 
civilization.
  Much has been said about Claiborne's promotion of education in this 
country. How many people in this country have been educated who came 
from meager circumstances, whose parents may have been impoverished, 
born on the wrong side of the tracks, had everything going against 
them, but because of a Pell grant were able to get an education and to 
go on and make something of their lives? We run into 

[[Page S 12562]]
them every day. I daresay, probably they all know about Pell grants. 
Maybe not too many of them know who Pell was.
  I think the best legacy we can leave to our friend and our colleague 
is to make sure that our country never forgets the contributions of 
this very quiet, distinguished, resolute, compassionate, and concerned 
American citizen, Claiborne Pell, to make sure that, as we commit 
ourselves to the remainder of this century, this millennium, and as we 
move into the next millennium, that education in this country takes its 
place first and foremost in our deliberations here in this body and 
that we continue to ensure that education in this country follows the 
leadership and the guidance set down by Claiborne Pell.
  Lastly, Mr. President, I also have been privileged to work with 
Senator Pell on something other than education. And I will make note of 
it here because I think it is vitally important. It is an issue of 
whether or not we will open up our medical system and medical research 
to new concepts and new ideas, perhaps even to go back in time and 
recapture some of the practices in medical arts that we have forgotten.
  Claiborne Pell has been a leader in what maybe now has become known 
as complementary medicine, alternative medicine, but new approaches in 
trying to discern or fathom the illnesses that beset mankind. I have 
spent many times and many hours talking with Senator Pell about this 
issue. I have learned a lot from him about it. He has given me reams of 
material to read about it, and for which I thank him. And he has 
advanced my whole thinking on this issue of perhaps looking at medicine 
in a different light, thinking about it in different ways. And only 
now, today, are we seeing the fruits of his years of involvement in 
that endeavor.
  When new approaches are being talked about, when new forms of 
medicine, new approaches in holistic medicine, when the conjunction 
between mind and body health are now being thought of as a legitimate 
approach to the healing process, Claiborne Pell was way ahead of his 
time. But now he can take solace and a measure of pride in what he has 
done in education.
  In some other fields, I must say, Mr. President, Claiborne Pell can 
now take a great measure of pride in what he has done to move the 
concepts of healing and the healing process in medicine forward in this 
country. It is something that not too many people recognize Claiborne 
Pell for. I would not want this moment to pass on the Senate floor or 
this time to pass without making note of that for the record.
  I just want to assure Senator Pell that those of us who have been 
involved with him in this endeavor will do all we can to continue that 
legacy that he started so many years ago in the field of healing in 
this country.
  I guess I would just sum it up by saying that really has been his 
whole life's work here, and that has been one of healing, of bringing 
people together, of understanding. Whether it has been the League of 
Nations or the United Nations, which he was an alternate delegate to, 
or education, humanities, arts, it has been a healing process, bringing 
people together, understanding, advancing the concept of American 
civilization.
  Mr. President, when you talk about a civilized America, you can sum 
it up by just saying two words, ``Claiborne Pell.''
  I yield the floor.
  Mr. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KERRY. Mr. President, thank you, I thank Senator Pell, for 
affording us a few moments to be able to speak about our colleague.
  Mr. President, what a pleasure and what a privilege it has been to 
serve with Claiborne Pell. About 2 months ago, after one of our late-
night sessions, I had a chance to give him a lift home. And in the 
course of that we had a chat about the incipient decision that he was 
facing. And I was struck as he sort of chatted through the options and 
the choices available to him how totally compelled he was by the notion 
that there was work left undone and this incredible sense of 
responsibility that he felt to the country, to Rhode Island. That is 
what weighed on him in the decision, not a lot of the other 
considerations that many people tally up on a yellow legal pad and 
weigh. But it is characteristic of Claiborne Pell that it was, above 
all, his sense of duty, the sense of personal responsibility that 
compelled him to enter public life in the first place and that has 
guided these remarkable 36 years that he has served as a U.S. Senator.
  I daresay to my colleagues that if there were 59 other Claiborne 
Pells in the Senate, and perhaps even 99, as a wishful thought, we 
would not have half the conflict, a quarter of the conflict, maybe any 
conflict. We would certainly not be looking toward confrontation in the 
days ahead, perhaps even the train wreck everybody talks about, because 
above all Claiborne Pell is guided by a sense of decency and by common 
sense, by good old New England common sense, that says you can work it 
out. And I think that example I hope is something that will rub off on 
the Senate in the days ahead.
  Others have spoken about his many accomplishments, and there are many 
a lot of the people do not know that much about because, again, 
uncharacteristically, compared to the norms of modern American 
politics, he is self-effacing beyond anybody else's capacity in the 
Senate. He is somebody who believes simply in doing what is right and 
doing it in the sense of responsibility and decency that guides him.
  Senator Harkin wondered out loud about those who have been educated 
by Senator Pell. Millions of Americans have been educated on Pell 
grants. One-fifth of the population of this country has gone to school 
because of this U.S. Senator. Sixty-three billion dollars has been 
invested in the future of the country in educating people and helping 
to churn the engine of our economy and create the remarkable 
technological and research and development capacity of this great 
Nation. Most people, if they thought of the engine of America, probably 
will not immediately associate it with the Pell grant or with his 
efforts. But that is, in and of itself, an extraordinary 
accomplishment.
  In addition to that, he has been the principal Senate sponsor of the 
National Endowment for the Arts and Humanities, recognizing the 
extraordinary linkage between a nation and a civilization in its 
support for the arts and its literacy. He was the author of the 
National Sea Grant College Program, and a founding member who served 
for years as the Senate cochairman of the Helsinki Commission. He has 
been one of the strongest proponents of arms control in the U.S. 
Senate, and as a member of the Senate observer group and as chairman of 
the Foreign Relations Committee, has played a principal role in helping 
to move this country to a reasonable arms control policy.
  He can take credit, though he personally never does, for bringing to 
the Senate for approval the INF Treaty, the CFE Treaty, the Threshold 
Test Ban Treaty, and he took the lead in Senate action in favor of the 
Sea Ban Armaments Control Treaty and Environmental Modification 
Convention. He also authored legislation in 1994 that revitalized and 
strengthened that, and he has been the principal author of legislation 
imposing sanctions against the development and use of chemical and 
biological weapons.
  In 1994, he authored legislation to place tough sanctions on 
countries and individuals involved in nuclear weapons proliferation.
  Mr. President, I have been privileged in the 11 years that I have 
served here to serve with Senator Pell both as ranking member and as 
chairman of the Senate Foreign Relations Committee.
  Interestingly enough, my relationship with Senator Pell did not begin 
with my entry as a freshman on the Foreign Relations Committee. Twenty-
four years ago when I first came back from Vietnam, Senator Fulbright 
invited me to testify before the committee. And it was Senator Pell who 
was among those on the committee and in the Senate most prepared to 
listen and to take the position of courage with respect to the 
difficult choices America faced at that period of time.
  I will personally never forget his warm welcome to me as a young 
returning naval officer and his then brave and perhaps ill-advised 
suggestion that I might someday consider 

[[Page S 12563]]
running for the U.S. Senate and that he even hoped I might serve with 
him on the Foreign Relations Committee.
  I am confident it was one of those comments that neither he nor I 
thought might come true or had a sense of reality. But it has been a 
great privilege that in fact it did and that we have served together.
  Let me just close by saying a word about his leadership on that 
committee. Senator Pell led quietly. He led with grace. He led with 
remarkable integrity and with a sense of everybody's place. Unlike some 
here who are very quick to resort to parliamentary rules rather than 
let the power of reason or of dialog work its will and somehow quash 
that capacity, Senator Pell always permitted every voice on the 
committee to be heard to the point of exhaustion--usually ours, not 
his. He showed patience where patience had been tested, and he was 
always, always civil, even in the most trying moments.
  There is no one on the Foreign Relations Committee on either side of 
the aisle who would ever question the full measure of this man's 
decency or of his commitment to the public dialog. He has shown an 
extraordinary public integrity, an extraordinary commitment to the best 
ideals of public service, an extraordinary commitment and sense of duty 
and public responsibility. I think that all of us, Rhode Island 
particularly, will understand that with his departure from the Senate, 
the Senate and the country lose a voice for peace, a voice for 
reasonableness, a voice for the environment, a voice for human rights, 
a voice for civil rights, a voice for women, and above all a voice for 
education and for the future.
  We will miss his service and the quality of his character enormously. 
I yield the floor.
  (At the request of Mr. Dole, the following statement was ordered to 
be printed in the Record.)


                  retirement of senator claiborne pell

 Mr. MURKOWSKI. I rise today to join my colleagues in paying 
tribute to our friend from Rhode Island, Senator Claiborne Pell, who 
today announced his plans to retire from the Senate. I would like to 
commend Senator Pell for his years of service in the Senate and to wish 
him much happiness in retirement.
  I had the pleasure of serving on the Foreign Relations Committee 
during Senator Pell's chairmanship. I know that it comes as no surprise 
to my colleagues that he was a fair and cordial chairman who treated 
Republicans and Democrats alike with great respect. He was a reliable 
ally on issues on which we agreed and an equally reliable adversary on 
those issues on which we disagreed. But whether we agreed or disagreed, 
he never deviated from his standards of decency and character. I have 
the utmost respect for how he conducted himself throughout his 
distinguished career.
  My colleagues have spoken of the many accomplishments of the Senator 
over his 36-year career. I will only highlight the fact that he was a 
foreign policy pillar throughout his career--from being a witness to 
the signing of the original United Nations Charter to guiding through 
ratification of landmark fishery treaties. The Senate's institutional 
knowledge and expertise in these matters will be greatly depleted when 
Senator Pell departs. He will be missed.


                      best wishes to senator pell

  Ms. MIKULSKI. Mr. President, I rise to offer my best wishes to our 
colleague, Senator Claiborne Pell. I know that many of my colleagues 
have already spoken eloquently about Senator Pell and his 
accomplishments. But, I wanted to express my gratitude for what Senator 
Pell has meant to me, to foreign policy and to the creation of an 
opportunity structure for the students of this country.
  For me, Senator Pell serves as a model for commitment and conviction. 
He's been committed to the people of Rhode Island for 36 years. That 
kind of commitment is hard to find. The contributions he's made over 
that time are enormous and should empower all Americans to work hard 
for what they believe in.
  Mr. President, Senator Pell has been actively involved in foreign 
affairs. As the senior Democrat on the Senate Foreign Relations 
Committee since 1981, he helped create the international institutions 
that helped us to win the cold war.
  And he's been a leader in the effort to adapt these institutions to 
meet the challenges of the post-cold-war effort. He was instrumental in 
crafting arms control treaties and has been one of the Senate's 
strongest and most consistent voices for human rights throughout the 
world.
  But, I probably know him best for his work as a member of the Labor 
Committee. He's been a pioneer for education and has made an enormous 
contribution to create an opportunity ladder for all Americans through 
Pell grants.
  Fifty-four million people have been educated through Pell grants. 
That's a lot of people. That's a lot of young minds and a lot of 
Maryland students who can now have access to the American dream.
  Students and their parents are always worried about how they will pay 
for education. Senator Pell made it possible. He's been there to make 
sure our education needs were being met and that this Nation's students 
knew they had a friend in the U.S. Senate.
  He's been a voice for students who would have been left out and left 
behind. And he's been a voice for those who had no voice.
  This kind of contribution cannot be truly appreciated on a resume or 
on a list of legislative accomplishments. It can only be seen in the 
opportunity that others now have to create a better life for themselves 
and their families; and in turn, they will contribute to their 
communities and their country.
  I want to thank Senator Pell for what he has meant to the Nation, to 
foreign policy, and to the students of this country. We are blessed to 
have his legacy.
  Mr. JOHNSTON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. JOHNSTON. Mr. President, when I arrived in the Senate in 1972, 
the Senator from Rhode Island, Mr. Pell, had already achieved a record 
which made him known as one of the best and brightest, one of the most 
accomplished Senators. In the ensuing 23 years, he has built that 
reputation into a legend.
  Mr. President, we have heard detailed here by my colleagues these 
last few moments the details of that record--Pell grants, foreign 
relations. I will not repeat that record except to say it is historic 
in proportions and outstanding in its quality and its merit.
  The remarkable thing to me, Mr. President, is the character of the 
man who has achieved the record. And I would like to take note today, 
as Senator Pell announces his retirement, of the kind of person and the 
kind of civility which he brought not only to this Chamber but to 
politics in general.
  Mr. President, at this difficult time in American political history, 
at a time when a former Governor of New Jersey announced that he would 
not run for the Senate in large part because of the lack of civility in 
this body, because of the lack of civility in politics, I think it is 
important and appropriate we take note of the career of Senator Pell 
and what he was able to bring to this body in terms of civility.
  In all those terms of running for office, always very successful, 
usually by huge margins, it is just absolutely astonishing and 
remarkable that he never said anything bad or negative about his 
opponents. It shows, Mr. President, that you need not be negative in 
order to be successful. In all these years serving with Senator Pell in 
this body, there has never been the slightest deviation from those 
standards of friendship, respect, courtesy, and warmth of character 
which was unfailing in even the most difficult of circumstances.
  You do not amass a record like Senator Pell has amassed without 
mixing it up on very difficult and very controversial issues, and yet 
he was able to do that while at the same time having the love and 
respect and the warmth and the feelings from all of his colleagues.
  This will unquestionably be a lesser place when Senator Pell is gone. 
Nuala Pell, his wonderful, wonderful wife will certainly make it a 
lesser place in the pantheon of Senate wives because she in her way 
adds the same thing to the Senate wives that Senator Pell does to the 
Senate.
  Mr. President, I just hope that we can take example from his service, 
not 

[[Page S 12564]]
only in what he has accomplished in terms of things for the Nation, 
which have been very well detailed and, as I say, which constitute a 
legend in itself, but the quality of his character and the quality of 
his service and his relationship with his colleagues. If we could just 
somehow take that and bottle it and keep it and profit by it and 
emulate it, we would have a much better and different country and 
Senate.
  I salute Senator Pell on his outstanding record of service to the 
Nation.
  Mr. STEVENS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, I sought the floor a half hour ago in 
order to make some remarks about my friend, and I am delighted to have 
a chance to do so. I am reminded of a friend of mine who asked me once 
why we made these speeches in the Chamber when people make 
announcements, and he told me that I should be careful because ``he 
ain't gone yet.''
  In terms of this announcement today, I share a lot of the remarks and 
feelings that have been expressed today. My experience goes back a long 
ways with Senator Pell. He will recall when we flew down to Caracas for 
the Law of the Sea Conference, with his bride Nuala sitting between us, 
and how we talked about a lot of things.
  That is more years than either one of us can say, but I do remember 
that discussion. We talked about Social Security, Mr. President. And we 
were on our way to the Law of the Sea Conference. I remember talking to 
Senator Pell about other things--the National Endowment for the Arts--
as we went to meetings of the Arms Control Observer Group in Geneva and 
how Senator Pell's great stature in the foreign relations area had led 
to so many successes in dealing with the Russians, the Soviets really 
at that time, with regard to arms control.
  As we continue to deal with our friend here in these months ahead--
and I do recognize the fact that the Senator from Rhode Island will be 
with us for well over a year--I want the Senate to know that many of us 
who came here as youngsters from the far west and me from the far north 
remember so well the great grace with which the Senator from Rhode 
Island and his wife from Rhode Island welcomed us here, how they have 
helped our wives and invited us to their home and made us feel part of 
the Senate family.
  Notwithstanding all of the other accomplishments that have been 
mentioned on the floor today about Senator Pell, I think he will be 
remembered as a man who had great respect for the Senate, who wanted 
the Senate family to have a quality of life and make being in the 
Senate a different experience for those of us who come here with our 
wives from great distances. I congratulate him for making his statement 
today so far in advance so that we can all cherish the time we will 
have with him in the months to come.
  Mr. President, I think it is now time for the vote on my bill.
  Ms. MOSELEY-BRAUN. Mr. President, will the Senator yield? Will the 
Senator yield for 2 minutes?
  Mr. STEVENS. Mr. President, I might say to Senators, I have already 
extended time for a vote on the defense bill by a half hour in order 
for these proceedings, and I have agreed that we would not extend it 
further. It is time now for a vote on the defense appropriations bill. 
I call for a vote.


             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1996

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report S. 1087. The bill clerk read as follows:

       A bill (S. 1087) making appropriations for the Department 
     of Defense for the fiscal year ending September 30, 1996, and 
     for other purposes.

  The Senate resume consideration of the bill.


              THE B-1 BOMBER--A COST EFFECTIVE INVESTMENT

  Mr. PRESSLER. Mr. President, today the Senate will pass S. 1087, the 
fiscal year 1996 Department of Defense [DOD] appropriations bill, and 
soon will pass S. 1026, the fiscal year 1996 DOD authorization bill. I 
am pleased to support both pieces of legislation. Both bills call for a 
full investment in the B-1 bomber in the coming fiscal year--a clear 
reflection of the Senate's wise and strong support for the bomber. As a 
strong supporter of this important component of our long-range bomber 
force, I believe this is great news for those who support both a strong 
national defense and a sound fiscal policy.
  One of the critical military force structure issues that the U.S. 
Senate has considered in recent years is the funding level needed to 
sustain an effective heavy bomber force. In my view, the continued 
effectiveness of our long-range bomber fleet rests on a full investment 
in the Conventional Mission Upgrade Program [CMUP] for the B-1 bomber 
[B-1B]--the Lancer. The B-1B is critical to our Nation's bomber force 
structure.
  As my colleagues know, the B-1B originally was designed as a 
multirole bomber during the cold war, with its primary mission being 
its capability to deliver a nuclear payload. Today, in response to 
these dramatic changes and new demands on our post-cold-war national 
security goals, the United States must commit fewer resources to 
nuclear deterrence in favor of advancing conventional capabilities. Our 
bomber force now must fill a dual role. First, it must continue its 
commitment to nuclear deterrence missions. Second, our bombers must 
adapt to serve conventional needs.
  Of the three heavy bombers--the B-52, the B-1B, and the B-2-the B-1B 
has the greatest potential to serve both nuclear and conventional 
missions. I have been a strong supporter of the B--1B throughout the 
years because it is one of the most versatile aircraft ever 
constructed. This was the view of the Department of Defense when, as 
part of its 1993 Bottom-Up Review, it concluded that the B-1B 
represented the backbone of the heavy bomber force. Further, the 
Pentagon believed that a full investment in the B-1B's conventional 
capabilities was the most cost-effective method to maintaining a bomber 
force structure capable of meeting our national security goals.
  Over the years, I have talked to many associated with the B-1B--its 
designers, Pentagon strategists, and the dedicated men and women who 
fly and maintain this extraordinary aircraft. All believe in the B-1B 
and its place in our force structure. Yet, despite these glowing 
reviews, a skeptical Congress over the last several years has subjected 
the B-1B to a series of performance evaluations and studies. The B-1B 
has met each and every challenge.
  The first congressionally mandated test was the Operational Readiness 
Assessment [ORA]. The purpose of this test--code-named the Dakota 
Challenge--was to determine if one B-1B wing, when provided fully with 
the necessary spare parts, maintenance equipment, support crews, and 
logistics equipment, could meet the Air Force mission availability rate 
goal of 75 percent. Tasked to take on the Dakota Challenge was the 28th 
Bomber Wing stationed at Ellsworth Air Force Base in Rapid City, SD. 
The 28th Bomber Wing more than met the goal of the Dakota Challenge, 
achieving an extraordinary 84-percent mission capable rate.
  Additionally, improvements were seen in other readiness indicators, 
including the 12-hour fix rate--a measure of how often a malfunctioning 
aircraft can be repaired and returned to the air within one-half day. 
The enormous success of the Dakota Challenge prompted Gen. John Michael 
Loh, commander of the Air Combat Command to state that the B-1B has 
established its title as ``a solid investment in our Nation's 
capability to project power on a global scale.''
  A second congressionally mandated study released this year was done 
by the Institute for Defense Analyses [IDA]. The IDA study represents 
perhaps the most in-depth, comprehensive analysis of the entire bomber 
fleet. This report examined the deployment options of our long-range 
heavy bomber forces--in association with additional tactical forces--
under the circumstances of two hypothetical, nearly simultaneous world 
conflicts. Under these circumstances, the IDA study found that the B-1B 
is not just mission-effective but cost-effective as well. The study 
concluded that the B-1B could serve successfully as the centerpiece of 
American airpower projection, while producing the highest return on our 
defense investment. 

[[Page S 12565]]

  The Dakota Challenge and the IDA study together made clear that an 
investment in the B-1B's conventional capabilities was the best 
investment in fiscal and national security terms. These congressionally 
mandated tests have changed the congressional view of the B-1B from one 
of skepticism to support. The DOD authorization and appropriations 
bills before us today reflect this wise shift. Specifically, the DOD 
appropriations bill would provide $407 million for the B-1B. This 
funding includes support for research and development, modification 
programs and of course, the Conventional Mission Upgrade Program.
  What would all this funding do? It would enhance the B-1B in three 
key ways. First of all, the B-1B would be outfitted with new precision 
weapons to bring added conventional lethality to the bomber. Second, 
computer upgrades would enable the B-1B to be ultimately capable of 
carrying the new generation of smart weapons. Third, the B-1B would be 
equipped with state-of-the-art jam-resistant radio to allow the 
aircraft to communicate with fighters and other support aircraft. In 
addition, upgrades would be provided to improve the B-1B's 
survivability in medium-high threat areas.
  The end of the cold war has brought a world environment of 
unpredictability. New regional threats could occur with very little 
warning. In this environment, we must look to our bomber force to 
quickly respond to conventional threats. By fully funding the CMUP for 
fiscal year 1996 and providing additional enhancements to make up for 
prior year delays, we can provide our bomber force better prepared to 
respond to this dynamic world environment.
  Mr. President, the people of Rapid City, SD, know well of the 
effectiveness and the importance of the B-1B to our national security. 
Many civilians in Rapid City have a family member, a friend, or a 
neighbor who serves in the 28th Bomber Wing--the men and women who 
collectively are the backbone of our bomber fleet's backbone. They do 
more than just keep the B-1B's flying. They firmly believe that the B-
1B is a high quality aircraft, capable of being the centerpiece of the 
bomber fleet in the years to come. They were willing to put their 
beliefs in their bomber to the test. Through the Dakota Challenge, they 
proved what they believed. And today, the 28th Bomber Wing's success is 
being recognized by the U.S. Senate, which will show its strongest 
support yet for the future conventional success of the B-1 bomber.
  Mr. LAUTENBERG. Mr. President, I intend to vote against the fiscal 
year 1996 Department of Defense appropriations bill.
  When most people talk about the budget, they talk about the cuts it 
contains--cuts in programs that will hurt middle- and lower-income 
Americans, cuts in taxes which will benefit the richest among us, cuts 
in education programs that will hinder our children's ability to carry 
America into the 21st century.
  While most areas of spending have been cut in the budget for next 
year, the defense budget will receive a huge increase. President 
Clinton recommended a budget which increased defense spending by 
roughly $25 billion over what we were told we needed just 1 year ago.
  Apparently it was not enough. Even though the cold ear has ended, the 
United States is the only superpower left in the world, and democracy 
is flourishing where communism once prevailed, the House version of the 
budget resolution boosted defense spending by another $7 billion for 
next year. During conference, the House number survived. No 
``compromise by splitting the difference,'' just a total victory for 
the House position. And so, in line with the budget resolution, this 
appropriations bill spends nearly $7 billion more on the defense budget 
than the President requested.
  This bill, Mr. President, underscores the misguided direction in 
which the new congressional leadership wants to take our Nation. It is 
a direction which places a higher value on buying weapons we do not 
need than on books for our children's education. It is a direction 
which says that buying more aircraft and helicopters than the Pentagon 
has requested is more important for the American people than cleaning 
the environment or preserving Medicare benefits.
  We do need a strong national defense, but we can have one without the 
excessive $7 billion increase in spending included in this bill.
  The strength of our Nation, Mr. President, depends on more than the 
number of missiles we build and the aircraft we procure. It depends on 
having a well-educated work force, a clean environment, safe streets, a 
sound and strong economy.
  We cannot afford to starve domestic needs so we can spend a billion-
plus on an amphibious assault ship that isn't budgeted until the turn 
of the century, spend hundreds of millions more than the administration 
requested for a national missile defense system, and spend billions of 
tax dollars for unrequested helicopters, aircraft, and other military 
equipment.
  Where is our sense of priorities? What happened to our common sense?
  The American people deserve better. And we need to make better 
choices with their tax dollars.
  We can and should start by opposing this bill.


                  electronic commerce resource centers

  Mr. ROBB. Mr. President, if the chairman will allow me, I would like 
to engage him in a brief colloquy concerning the Electronic Commerce 
Resource Center Program.
  Mr. STEVENS. Mr. President, I would be happy to engage in a colloquy 
with the Senator from Virginia.
  Mr. ROBB. Mr. President, I would say to the chairman that it has come 
to my attention that the House report accompanying the fiscal year 1996 
Defense appropriations bill includes language which directs the 
Secretary of Defense to enter into a 5-year sole-source contract for 
the establishment of a single, consolidated National Electronic 
Commerce Resource Center. Under the current program structure, two 
nonprofit organizations act as system integrators to coordinate 
activities at the various Electronic Commerce Resource Centers located 
across the country.
  Mr. STEVENS. Mr. President, I am familiar with the program and the 
House language has been brought to my attention as well.
  Mr. ROBB. Mr. President, I would say to the chairman that, as he 
knows, the current ECRC program is working well and has enabled the 
development of successful programs to transfer electronic commerce [EC] 
and electronic data interchange [EDI] technologies and processes to 
small and medium-sized enterprises. In the first quarter of 1995, for 
example, the network trained over 4,000 business personnel and 1,300 
government personnel and provided services to approximately 1,800 
business and Department of Defense clients. Based on industry standards 
for training and consulting services, it is estimated that this program 
has saved U.S. businesses over $6 million during the first quarter of 
1995 alone.
  Mr. President, I am concerned about the House effort, on a sole-
source basis, to alter the management and reporting relations that have 
successfully served this program. While a single, consolidated National 
Electronic Commerce Resource Center is needed to coordinate the 
program's activities, such a center should be established on a 
competitive basis, not sole-sourced. Competition will ensure that the 
interests of both the Department of Defense and the American taxpayer 
are best served.
  As the chairman knows, I have an amendment I was planning to offer 
that would require full and open competition in the establishment of a 
National Electronic Commerce Resource Center. I will not offer that 
amendment on this bill, but I would like to seek some assurances from 
the chairman that this issue will be revisited when the Defense 
appropriations bill goes to conference.
  Mr. STEVENS. Mr. President, the Senator from Virginia has raised a 
valid concern. I am familiar with the program and am aware that many of 
the Electronic Commerce Resource Centers around the country were 
established through full and open competition. Furthermore, I recognize 
your valid arguments about the importance of full and open competition 
in the establishment of a national ECRC. I assure the Senator that this 
will be an issue we raise during our conference with the House. 
Furthermore, I will ask my staff to arrange a briefing on 

[[Page S 12566]]
this program from the Department of Defense and to seek assurances from 
the Department that they intend to use full and open competition if a 
single, consolidated National ECRC is established.
  Mr. ROBB. Mr. President, I appreciate those assurances from the 
chairman and thank him for his consideration.


        Strategic Environmental Research and Development Program

  Mr. LEVIN. Mr. President, I would like to engage the distinguished 
manager of the bill in a brief colloquy regarding the Strategic 
Environmental Research and Development Program (SERDP). As he knows, 
these funds have been and continue to be used for investigating and 
demonstrating innovative environmental clean-up technologies. He may 
also know that the U.S. Army Corps of Engineers Research Laboratory 
[USACERL] has been a very active component of DOD's efforts in this 
area. Through USACERL's work, many of these private/public sector 
technologies are now available for commercialization, stimulating small 
company creation, economic development, and environmental protection.
  I would urge that the Committee support continuation of USACERL's 
excellent work, particularly remediation activities at the Army 
production plants.
  Mr. STEVENS. I am aware of the application of innovative remediation 
technologies at numerous DOD sites throughout the country. I appreciate 
the thoughtful comments of the Senator from Michigan on the Army Corps' 
work and bringing it to my attention.
  Mr. LEVIN. Very briefly, I would like to provide the Senator from 
Alaska with two specific examples that demonstrate just how effective 
USACERL has been.
  The first example is an innovative air control technology being 
implemented at the Lake City Army Ammunition Plant in Independence, MO. 
A full-scale demonstration biofilter is being installed that will 
reduce air emissions by more than 80 percent. This will allow the plant 
to double production and continue to emit less than its current air 
quality control requirements.
  The second example is a manufactured wastewater treatment project at 
the Radford Army Ammunitions Plant in Radford, VA. This is a full-scale 
demonstration of granular activated carbon-fluidized bed technology for 
treating DNT by-products in wastewater. This type of wastewater has 
proven resistant to any other type of treatment technology available 
today.
  I hope the committee will continue to support the development of 
cost-effective technologies, such as these, for treating DOD wastes.
  Mr. STEVENS. The technologies the Senator has mentioned sound 
promising. I commend DOD and USACERL for their work in this area and 
encourage the Department to continue such innovative work.
  Mr. PRESSLER. Mr. President, I see the chairman of the Appropriations 
Subcommittee for Defense, my friend from Alaska, on the floor, and I 
wanted to be sure he is aware of concerns brought to my attention by 
the South Dakota National Guard. The concerns involve a funding 
difference for multiple launch rocket systems [MLRS] between S. 1087, 
the fiscal year [FY] 1996 Department of Defense [DOD] appropriations 
bill and S. 1026, the fiscal year 1996 DOD authorization bill.
  Any addition of MLRS batteries to National Guard units would be an 
important contribution. Over the next several decades, our national 
security increasingly will need to respond rapidly and decisively to 
regional security threats. The post-cold-war defense drawdown will 
result in an increased reliance on the National Guard and the reserve 
forces to meet our national security needs. The opportunity for the 
South Dakota National Guard to be fielded an MLRS battery would improve 
greatly its readiness and capability to respond rapidly to time 
critical targets.
  I urge the chairman and the appointed conferees to consider going to 
the authorized funding level for MLRS launchers, as S. 1087 proceeds to 
conference. I believe doing so would ensure the successful 
reconditioning and fielding of 29 MLRS launchers important to our 
reserve forces.
  Mr. STEVENS. Mr. President, I appreciate the senior Senator from 
South Dakota bringing this matter to my attention. As he knows, we 
faced a number of difficult funding decisions in this bill. A number of 
programs were not funded at the proposed authorized level. I would 
bring to the Senator's attention that S. 1087 provides $100 million for 
the Army National Guard to allocate to meet its foremost modernization 
priorities. I am confident that the MLRS needs of the South Dakota 
National Guard will be carefully considered this year.
  Mr. PRESSLER. Mr. President, I thank my friend from Alaska. I 
appreciate his consideration of my request and look forward to working 
with him on this matter of importance to the South Dakota National 
Guard.
  Mr. CONRAD. Mr. President, I intend to oppose S. 1087, the Department 
of Defense appropriations for fiscal year 1996.
  Although I recognize the need to provide for a strong national 
defense, I cannot support this legislation because it spends too much 
money. The cold war is over, the Soviet Union has collapsed, and we 
already spend more money than the next nine biggest military spenders 
combined. If we are serious about balancing the budget without 
unnecessary cuts in programs that benefit average American families, it 
simply does not make sense to spend more money than the administration 
requested for defense.
  Earlier this year, when we debated the budget in the Senate there was 
broad bipartisan agreement that we should freeze defense spending at 
the administration's request. On most issues, I disagreed with the 
priorities in the budget put forward by the Republican majority, and I 
offered an alternative that was both fairer and more ambitious than the 
Republican proposal. But on defense my fair share plan contained a hard 
freeze at the administration's fiscal year 1996 request just like the 
Republican proposal.
  Unfortunately, the budget that came back from conference increased 
defense spending by more than $7 billion in fiscal year 1996 alone over 
the level in my fair share plan and the Senate-passed budget. This 
increase in defense spending comes at the expense of greater cuts in 
other areas important to hard working American families, such as 
agriculture, Medicare, and student loans.
  Where does the extra $7 billion added to the fiscal year 1996 defense 
appropriations act go? Does it go to fund the priorities of our 
military leaders, such as ongoing operations in Iraq, Bosnia, and Haiti 
where we know we will have added expenses this year? Does it go to 
improving readiness through increased operations and maintenance 
funding? Or does it go toward closing the bomber gap between the number 
of bombers the military estimates it will need to fight one major 
regional conflict and the bombers actually funded in the President's 
budget? No, no, and again no.

  The extra funding above the amounts our military leadership requested 
goes largely to fund major new weapons procurement of questionable 
value to our immediate national security. The appropriators have added 
$1.4 billion for two extra DDG-51 Aegis destroyers, an extra $1.3 
billion for one LHD-7 amphibious ship, $600 million for ballistic 
missile defenses, and $575 million for F-18 fighters. These weapons are 
not needed this year, and this wave of new procurement sets the stage 
for future increases to the defense budget because this pace will be 
unsustainable in the outyears unless we dramatically cut funding for 
readiness.
  I am especially concerned that, despite this added funding for 
procuring new weapons, the bill does nothing to close the bomber gap. 
This bill funds only 93 deployable bombers, but the Pentagon's Bottom-
Up Review concluded that 100 deployable bombers are needed to fight 
just one major regional conflict, let alone a second nearly 
simultaneous conflict. The Air Force estimates that a mere $130 million 
would be sufficient to maintain a fourth combat coded squadron of B-52 
bombers, six additional trainers and all remaining B-52's in attrition 
reserve. Although the Senate defense authorization bill contains 
language prohibiting the retirement of B-52 bombers--the most capable 
bombers in our inventory and a vital element in our strategy to win two 
nearly simultaneous conflicts--the appropriations bill fails to 

[[Page S 12567]]
fund additional B-52 operations and maintenance.
  Although I cannot support the bill as a whole, I do want to note the 
provision in the bill maintaining the size of Air National Guard 
fighter wings at 15 aircraft. In view of the increasing importance of 
air power in our warfighting capabilities and the enhanced role for the 
Guard in light of overall military downsizing, I believe it is very 
important to maintain our ANG assets. I congratulate the chairman and 
ranking member for their attention to this issue.
  But when I look at the bill as a whole, the bottom line is that it 
spend too much money. I cannot support it.
  Mr. DODD. Mr. President, I rise this evening to speak against final 
passage of the 1996 Defense appropriations bill. And let me tell my 
colleagues, I do so with a very heavy heart.
  In the 15 years that I have served here in the U.S. Senate, I have 
never once voted against final passage of a Defense appropriations 
bill. Regrettably, it will no longer be possible for me to make that 
claim.
  The bill before us is truly unique. In an era of wholesale budget 
reductions, this bill contains an overall spending increase of nearly 
$7 billion above what the President and the Pentagon requested. That is 
a significant increase for any agency budget, however, it is 
particularly troublesome because of the tremendous cuts that other 
agencies have suffered. It is an injustice that is too great to ignore.
  For example, the 1996 Department of Labor and Health and Human 
Services appropriations bill was reduced by almost $4 billion for the 
Department of Labor, and another $3.5 billion for other related 
agencies. Simply put, that directly affects the hard working men and 
women of Connecticut who rely on important programs in time of need.
  Since the mid-1980's almost 200,000 Defense-related jobs have been 
lost in my home State. The current reductions in the Department of 
Labor's job retraining programs directly cuts into the very heart of 
job training programs that are essential for the survival of more than 
500,000 displaced working Americans. That simply is not fair.
  The 1996 Department of Defense appropriations bill provides almost 
$3.0 billion as a so called investment for advanced missile defenses. 
That unrequested increase comes at the expense of medical care for the 
elderly, Goals 2000, and early childhood education programs. If ever 
there was a need for an increase in a national investment program, we 
should be focusing our eyes on the youth of our Nation and programs 
such as Headstart.
  Let me restate for the Record, this bill contains spending increases 
that were neither requested by the Pentagon, nor budgeted for by the 
President. However, vital future programs such as the F-22 fighter 
aircraft and the Seawolf submarine were fully funded in the President's 
initial budget submission. Let me remind my colleagues, those programs 
were requested by the leadership or our armed services and deserve and 
requested funding. I fully support those programs.
  However, it seems fundamentally wrong in an era of severe fiscal 
constraint to increase defense spending in areas not specifically 
requested by the Joint Chiefs of Staff or their respective services. 
With so much at stake in so many other critical programs in our 
national infrastructure, I cannot in good conscience support this bill.
  I thank my colleagues.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall it pass? The yeas and nays have been ordered. The 
clerk will call the roll.
  The assistant legislative clerk called the roll.
  The PRESIDING OFFICER (Mr. Brown). Are there any other Senators in 
the Chamber who desire to vote?
  Mr. LOTT. I announce that the Senator from North Carolina [Mr. Helms] 
and the Senator from Alaska [Mr. Murkowski] are necessarily absent.
  I further announce that, if present and voting, the Senator from 
North Carolina [Mr. Helms] would vote ``yea.''
  Mr. FORD. I announce that the Senator from Hawaii [Mr. Akaka] is 
absent because of attending a funeral.
  The result was announced--yeas 62, nays 35, as follows:

                      [Rollcall Vote No. 397 Leg.]

                                YEAS--62

     Abraham
     Ashcroft
     Bennett
     Bond
     Breaux
     Bryan
     Burns
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Coverdell
     Craig
     D'Amato
     DeWine
     Dole
     Domenici
     Faircloth
     Ford
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hatch
     Heflin
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kyl
     Lieberman
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Moynihan
     Murray
     Nickles
     Nunn
     Packwood
     Pressler
     Reid
     Robb
     Santorum
     Shelby
     Simpson
     Smith
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner

                                NAYS--35

     Baucus
     Biden
     Bingaman
     Boxer
     Bradley
     Brown
     Bumpers
     Byrd
     Conrad
     Daschle
     Dodd
     Dorgan
     Exon
     Feingold
     Feinstein
     Glenn
     Graham
     Harkin
     Hatfield
     Kennedy
     Kerrey
     Kerry
     Kohl
     Lautenberg
     Leahy
     Levin
     McCain
     Moseley-Braun
     Pell
     Pryor
     Rockefeller
     Roth
     Sarbanes
     Simon
     Wellstone

                             NOT VOTING--3

     Akaka
     Helms
     Murkowski
  So the bill (S. 1087), as amended, was passed, as follows:

                                S. 1087

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 1996, and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, interest on 
     deposits, gratuities, permanent change of station travel 
     (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), to section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and to the Department of Defense 
     Military Retirement Fund; $19,776,587,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, interest on 
     deposits, gratuities, permanent change of station travel 
     (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), and to the Department of Defense Military 
     Retirement Fund; $16,979,209,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, interest on 
     deposits, gratuities, permanent change of station travel 
     (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), to 
     section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
     and to the Department of Defense Military Retirement Fund; 
     $5,886,540,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, interest on 
     deposits, gratuities, permanent change of station travel 
     (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), to section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and to the Department of Defense 
     Military Retirement Fund; $17,156,443,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 265, 3021, and 3038 of 
     title 10, United States Code, or while serving on active duty 
     under section 672(d) of title 10, United States Code, in 
     connection with performing duty specified in section 678(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty or 
     other duty, and for members of the Reserve Officers' Training 
     Corps, and expenses authorized by section 2131 of title 10, 
     United States Code; and for payments to the Department of 
     Defense Military Retirement Fund; $2,102,466,000.
     
[[Page S 12568]]


                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 265 of title 10, United 
     States Code, or while serving on active duty under section 
     672(d) of title 10, United States Code, in connection with 
     performing duty specified in section 678(a) of title 10, 
     United States Code, or while undergoing reserve training, or 
     while performing drills or equivalent duty, and for members 
     of the Reserve Officers' Training Corps, and expenses 
     authorized by section 2131 of title 10, United States Code; 
     and for payments to the Department of Defense Military 
     Retirement Fund; $1,349,323,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 265 of title 10, 
     United States Code, or while serving on active duty under 
     section 672(d) of title 10, United States Code, in connection 
     with performing duty specified in section 678(a) of title 10, 
     United States Code, or while undergoing reserve training, or 
     while performing drills or equivalent duty, and for members 
     of the Marine Corps platoon leaders class, and expenses 
     authorized by section 2131 of title 10, United States Code; 
     and for payments to the Department of Defense Military 
     Retirement Fund; $364,551,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 265, 8021, and 8038 of 
     title 10, United States Code, or while serving on active duty 
     under section 672(d) of title 10, United States Code, in 
     connection with performing duty specified in section 678(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty or 
     other duty, and for members of the Air Reserve Officers' 
     Training Corps, and expenses authorized by section 2131 of 
     title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund; $783,861,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 265, 3021, or 3496 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 672(d) of title 10 or 
     section 502(f) of title 32, United States Code, in connection 
     with performing duty specified in section 678(a) of title 10, 
     United States Code, or while undergoing training, or while 
     performing drills or equivalent duty or other duty, and 
     expenses authorized by section 2131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund; $3,222,422,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 265, 8021, or 8496 of 
     title 10 or section 708 of title 32, United States Code, or 
     while serving on duty under section 672(d) of title 10 or 
     section 502(f) of title 32, United States Code, in connection 
     with performing duty specified in section 678(a) of title 10, 
     United States Code, or while undergoing training, or while 
     performing drills or equivalent duty or other duty, and 
     expenses authorized by section 2131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund; $1,259,627,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $14,437,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes; $17,947,229,000 and, in addition, 
     $50,000,000 shall be derived by transfer from the National 
     Defense Stockpile Transaction Fund: Provided, That of the 
     funds appropriated in this paragraph, not less than 
     $388,599,000 shall be made available only for conventional 
     ammunition care and maintenance: Provided further, That of 
     the funds provided under this heading, $1,418,000,000 shall 
     be available only for Real Property Maintenance activities, 
     and shall remain available for obligation until September 30, 
     1997: Provided further, That not less than $15,000,000 shall 
     be made available only for the implementation and execution 
     of the 1988 agreement between the Department of the Army and 
     National Presto Industries Inc. for the remediation of 
     environmental contamination at the National Presto Industries 
     Inc. site at Eau Claire, WI. These funds shall be made 
     available no later than sixty days following the enactment of 
     this Act: Provided further, That of the funds provided under 
     this heading, $500,000 may be available for the Life Sciences 
     Equipment Laboratory, Kelly Air Force Base, Texas, for work 
     in support of the Joint Task Force-Full Accounting.

                    Operation and Maintenance, Navy


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $4,151,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes; $21,195,301,000 
     and, in addition, $50,000,000 shall be derived by transfer 
     from the National Defense Stockpile Transaction Fund: 
     Provided, That of the funds provided under this heading, 
     $1,150,000,000 shall be available only for Real Property 
     Maintenance activities, and shall remain available for 
     obligation until September 30, 1997: Provided further, That, 
     of the funds appropriated under this heading, not more than 
     $12,200,000 shall be available only for paying the costs of 
     terminating Project ELF.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law; $2,341,737,000: Provided, That of the funds provided 
     under this heading, $366,800,000 shall be available only for 
     Real Property Maintenance activities, and shall remain 
     available for obligation until September 30, 1997.

                  Operation and Maintenance, Air Force


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $8,326,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes; $18,202,437,000 and, in addition, 
     $50,000,000 shall be derived by transfer from the National 
     Defense Stockpile Transaction Fund: Provided, That the 
     Secretary of the Air Force may acquire all right, title, and 
     interest of any party in and to parcels of real property, 
     including improvements thereon, consisting of not more than 
     92 acres, located near King Salmon Air Force Station for the 
     purpose of conducting a response action in accordance with 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9601-9675) and the Air Force 
     Installation Restoration Program: Provided further, That of 
     the funds provided under this heading, $1,633,000,000 shall 
     be available only for Real Property Maintenance activities, 
     and shall be available for obligation until September 30, 
     1997: Provided further, That from within the funds 
     appropriated under this heading, the Air Force may enter into 
     a long-term lease or purchase agreement to replace the 
     existing fleet of VC-137 aircraft.

                Operation and Maintenance, Defense-Wide

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law; $9,804,068,000, of which not to exceed 
     $25,000,000 may be available for the CINC initiative fund 
     account; and of which not to exceed $28,588,000 can be used 
     for emergencies and extraordinary expenses, to be expended on 
     the approval or authority of the Secretary of Defense, and 
     payments may be made on his certificate of necessity for 
     confidential military purposes: Provided, That of the funds 
     appropriated under this heading, $20,000,000 shall be made 
     available only for use in federally owned education 
     facilities located on military installations for the purpose 
     of transferring title of such facilities to the local 
     education agency: Provided further, That of the funds 
     provided under this heading, $169,800,000 shall be available 
     only for Real Property Maintenance activities, and shall 
     remain available for obligation until September 30, 1997: 
     Provided further, That of the funds appropriated in this 
     paragraph, $11,200,000 shall be available for the Joint 
     Analytic Model Improvement Program: Provided further, That of 
     the funds appropriated in this paragraph, $10,000,000 shall 
     be available for the Troops-to-Cops program: Provided 
     further, That of the funds provided under this heading, 
     $42,000,000 shall be available for the Troops-to-Teachers 
     program.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications; 
     $1,068,312,000: Provided, That of the funds provided under 
     this heading, $47,589,000 shall be available only for Real 
     Property Maintenance activities, and shall remain available 
     for obligation until September 30, 1997.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications; 
     $826,042,000: Provided, That of the funds provided under this 
     heading, $31,954,000 shall be available only for Real 
     Property Maintenance activities, and shall remain available 
     for obligation until September 30, 1997.
     
[[Page S 12569]]


            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications; $90,283,000: Provided, That of the funds 
     provided under this heading, $4,911,000 shall be available 
     only for Real Property Maintenance activities, and shall 
     remain available for obligation until September 30, 1997.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications; $1,485,947,000: Provided, That of the funds 
     provided under this heading, $63,062,000 shall be available 
     only for Real Property Maintenance activities, and shall 
     remain available for obligation until September 30, 1997.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft); $2,361,708,000: Provided, 
     That of the funds provided under this heading, $150,188,000 
     shall be available only for Real Property Maintenance 
     activities, and shall be available for obligation until 
     September 30, 1997.

             Operation and Maintenance, Air National Guard

       For operation and maintenance of the Air National Guard, 
     including medical and hospital treatment and related expenses 
     in non-Federal hospitals; maintenance, operation, repair, and 
     other necessary expenses of facilities for the training and 
     administration of the Air National Guard, including repair of 
     facilities, maintenance, operation, and modification of 
     aircraft; transportation of things; hire of passenger motor 
     vehicles; supplies, materials, and equipment, as authorized 
     by law for the Air National Guard; and expenses incident to 
     the maintenance and use of supplies, materials, and 
     equipment, including such as may be furnished from stocks 
     under the control of agencies of the Department of Defense; 
     travel expenses (other than mileage) on the same basis as 
     authorized by law for Air National Guard personnel on active 
     Federal duty, for Air National Guard commanders while 
     inspecting units in compliance with National Guard Bureau 
     regulations when specifically authorized by the Chief, 
     National Guard Bureau; $2,724,021,000: Provided, That of the 
     funds provided under this heading, $85,571,000 shall be 
     available only for Real Property Maintenance activities, and 
     shall remain available for obligation until September 30, 
     1997.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces; $6,521,000, of which 
     not to exceed $2,500 can be used for official representation 
     purposes.

                   Environmental Restoration, Defense


                     (including transfer of funds)

       For the Department of Defense; $1,487,000,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes (including 
     programs and operations at sites formerly used by the 
     Department of Defense), transfer the funds made available by 
     this appropriation to other appropriations made available to 
     the Department of Defense, to be merged with and to be 
     available for the same purposes and for the same period as 
     the appropriations of funds to which transferred, as follows:
       Operation and Maintenance, Army, $659,000,000;
       Operation and Maintenance, Navy, $405,000,000;
       Operation and Maintenance, Air Force, $368,000,000; and
       Operation and Maintenance, Defense-wide, $55,000,000:

     Provided further, That upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation.

                            Summer Olympics

       For logistical support and personnel services (other than 
     pay and non-travel-related allowances of members of the Armed 
     Forces of the United States, except for members of the 
     reserve components thereof called or ordered to active duty 
     to provide support for the 1996 Games of the XXVI Olympiad to 
     be held in Atlanta, Georgia) provided by any component of the 
     Department of Defense to the 1996 Games of the XXVI Olympiad; 
     $15,000,000: Provided, That funds appropriated under this 
     heading shall remain available for obligation until September 
     30, 1997.

                        Humanitarian Assistance

       For training and activities related to the clearing of 
     landmines for humanitarian purposes, $60,000,000.

                  Former Soviet Union Threat Reduction

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for providing incentives for demilitarization; for 
     establishing programs to prevent the proliferation of 
     weapons, weapons components, and weapon-related technology 
     and expertise; for programs relating to the training and 
     support of defense and military personnel for 
     demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise; $325,000,000 
     to remain available until expended.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $1,498,623,000, to remain available for obligation until 
     September 30, 1998.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $846,555,000, to remain available for obligation until 
     September 30, 1998.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes; $1,396,264,000, to remain available for 
     obligation until September 30, 1998.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854, title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes; 
     $1,090,891,000, to remain available for obligation until 
     September 30, 1998.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and nontracked 
     combat vehicles; the purchase of not to exceed 41 passenger 
     motor vehicles for replacement only; communications and 
     electronic equipment; other support equipment; spare parts, 
     ordnance, and accessories therefor; specialized equipment and 
     training devices; expansion of public and private plants, 
     including the land necessary therefor, for the foregoing 
     purposes, and such lands and interests therein, 

[[Page S 12570]]
     may be acquired, and construction prosecuted thereon prior to approval 
     of title; and procurement and installation of equipment, 
     appliances, and machine tools in public and private plants; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes; $2,760,002,000, to remain available for obligation 
     until September 30, 1998.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; $4,897,393,000, to remain available 
     for obligation until September 30, 1998.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, 
     other ordnance and ammunition, and related support equipment 
     including spare parts, and accessories therefor; expansion of 
     public and private plants, including the land necessary 
     therefor, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; $1,771,421,000, to remain available 
     for obligation until September 30, 1998.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefore, and such lands 
     and interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       For continuation of the SSN-21 attack submarine program, 
     $700,000,000;
       NSSN-1 (AP) $704,498,000;
       NSSN-2 (AP) $100,000,000;
       CVN Refuelings, $221,988,000;
       DDG-51 destroyer program, $3,586,800,000;
       LHD-1 amphibious assault ship program, $1,300,000,000; and
       For craft, outfitting, post delivery, conversions, and 
     first destination transportation, $448,715,000;

     in all: $7,062,001,000, to remain available for obligation 
     until September 30, 2000: Provided, That additional 
     obligations may be incurred after September 30, 2000, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     herein provided for the construction or conversion of any 
     naval vessel to be constructed in shipyards in the United 
     States shall be expended in foreign facilities for the 
     construction of major components of such vessel: Provided 
     further, That none of the funds herein provided shall be used 
     for the construction of any naval vessel in foreign 
     shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of not to 
     exceed 252 passenger motor vehicles for replacement only; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; $2,394,260,000, to remain available 
     for obligation until September 30, 1998.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of not to exceed 194 passenger 
     motor vehicles for replacement only; and expansion of public 
     and private plants, including land necessary therefor, and 
     such lands and interests therein, may be acquired and 
     construction prosecuted thereon prior to approval of title; 
     $597,139,000, to remain available for obligation until 
     September 30, 1998.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things; 
     $7,163,258,000, to remain available for obligation until 
     September 30, 1998.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, ammunition, and related 
     equipment, including spare parts and accessories therefor, 
     ground handling equipment, and training devices; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things; 
     $3,550,192,000, to remain available for obligation until 
     September 30, 1998.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of not to exceed 385 passenger motor 
     vehicles for replacement only; the purchase of 1 vehicle 
     required for physical security of personnel, notwithstanding 
     price limitations applicable to passenger vehicles but not to 
     exceed $260,000 per vehicle; and expansion of public and 
     private plants, Government-owned equipment and installation 
     thereof in such plants, erection of structures, and 
     acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; $6,540,951,000, to remain available for obligation 
     until September 30, 1998.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of not to exceed 451 passenger 
     motor vehicles, of which 447 shall be for replacement only; 
     expansion of public and private plants, equipment, and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; $2,114,824,000, to remain available for obligation 
     until September 30, 1998.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces; $777,000,000, 
     to remain available for obligation until September 30, 1998: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than December 1, 1995, 
     individually submit to the congressional defense committees 
     the modernization priority assessment for their respective 
     Reserve or National Guard component.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, as authorized by law; 
     $4,639,131,000, to remain available for obligation until 
     September 30, 1997: Provided, That of the funds appropriated 
     in this paragraph for the Other Missile Product Improvement 
     Program program element, $10,000,000 is provided only for the 
     full qualification and operational platform certification of 
     Non-Developmental Item (NDI) composite 2.75 inch rocket 
     motors and composite propellant pursuant to the initiation of 
     a Product Improvement Program (PIP) for the Hydra-70 rocket.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, as authorized by law; 
     $8,282,051,000, to remain available for obligation until 
     September 30, 1997: Provided, That of the funds provided in 
     Public Law 103-355, in title IV, under the heading Research, 
     Development, Test and Evaluation, Navy, $5,000,000 shall be 
     made available as a grant only to the Marine and 
     Environmental Research and Training Station (MERTS) for 
     laboratory and other efforts associated with 

[[Page S 12571]]
     research, development, and other programs of major importance to the 
     Department of Defense: Provided further, That of the funds 
     appropriated under this heading, $45,458,000 shall be made 
     available for the Intercooled Recuperative Turbine Engine 
     Project.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, as authorized by law; 
     $13,087,389,000, to remain available for obligation until 
     September 30, 1997.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, as authorized by law; 
     $9,196,784,000, to remain available for obligation until 
     September 30, 1997: Provided, That of the funds appropriated 
     in this paragraph, $35,000,000 shall be available for the 
     Corps Surface-to-Air Missile (Corps SAM) program: Provided 
     further, That of the funds appropriated in this paragraph, 
     $3,000,000 shall be available for the Large Millimeter 
     Telescope project: Provided further, That of the funds 
     appropriated in this paragraph, not more than $48,505,000 
     shall be available for the Strategic Environmental Research 
     Program program element activities and not more than 
     $34,302,000 shall be available for Technical Studies, Support 
     and Analysis program element activities: Provided further, 
     That of the $475,470,000 appropriated in this paragraph for 
     the Other Theater Missile Defense, up to $25,000,000 may be 
     available for the operation of the Battlefield Integration 
     Center: Provided further, That the funds made available under 
     the second proviso under this heading in Public Law 103-335 
     (108 Stat. 2613) shall also be available to cover the 
     reasonable costs of the administration of loan guarantees 
     referred to in that proviso and shall be available to cover 
     such costs of administration and the costs of such loan 
     guarantees until September 30, 1998: Provided further, That 
     of the funds appropriated in this paragraph for the Ballistic 
     Missile Defense Organization, $10,000,000 shall only be 
     available to continue program activities and launch 
     preparation efforts under the Strategic Target System (STARS) 
     program.

               Developmental Test and Evaluation, Defense

       For expenses, not otherwise provided for, of independent 
     activities of the Director, Test and Evaluation in the 
     direction and supervision of developmental test and 
     evaluation, including performance and joint developmental 
     testing and evaluation; and administrative expenses in 
     connection therewith; $246,082,000, to remain available for 
     obligation until September 30, 1997.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith; $22,587,000, to remain available for obligation 
     until September 30, 1997.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                    Defense Business Operations Fund

       For the Defense Business Operations Fund; $1,178,700,000: 
     Provided, That of the funds appropriated under this heading, 
     $300,000,000 shall be available only to support the national 
     defense missions of the Coast Guard, while operating in 
     conjunction with and in support of the Navy: Provided 
     further, That pursuant to the authorities provided under this 
     heading, the Secretary of the Navy shall make available to 
     the Coast Guard ship and aviation fuel, spare parts, 
     munitions, ship stores, commissary goods, ship and aircraft 
     repair services to ensure the national defense capabilities 
     and preparedness of the Coast Guard.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1774); $1,024,220,000, to 
     remain available until expended: Provided, That the Secretary 
     of the Navy may obligate not to exceed $110,000,000 from 
     available appropriations to the Navy for the procurement of 
     one additional MPS ship.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law; $10,196,558,000, of which $9,908,525,000 
     shall be for Operation and maintenance, of which 
     $288,033,000, to remain available for obligation until 
     September 30, 1998, shall be for Procurement: Provided, That 
     of the funds appropriated under this heading, $14,500,000 
     shall be made available for obtaining emergency 
     communications services for members of the Armed Forces and 
     their families from the American National Red Cross as 
     authorized by law.

           Chemical Agents and Munitions Destruction, Defense

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $631,698,000, of which $353,850,000 shall 
     be for Operation and maintenance, $224,448,000 shall be for 
     Procurement to remain available until September 30, 1998, and 
     $53,400,000 shall be for Research, development, test and 
     evaluation to remain available until September 30, 1997.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation; $680,432,000: Provided, That of the 
     funds provided under this heading, $5,000,000 shall be 
     available for conversion of surplus helicopters of the 
     Department of Defense for procurement by State and local 
     governments for counter-drug activities: Provided further, 
     That the funds appropriated by this paragraph shall be 
     available for obligation for the same time period and for the 
     same purpose as the appropriation to which transferred: 
     Provided further, That the transfer authority provided in 
     this paragraph is in addition to any transfer authority 
     contained elsewhere in this Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended; $139,226,000, of which 
     $138,226,000 shall be for Operation and maintenance, of which 
     not to exceed $400,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on his certificate of necessity for confidential military 
     purposes; and of which $1,000,000, to remain available until 
     September 30, 1998, shall be for Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain proper funding level 
     for continuing the operation of the Central Intelligence 
     Agency Retirement and Disability System; $213,900,000.

                 National Security Education Trust Fund

       For the purposes of title VIII of Public Law 102-183, 
     $7,500,000, to be derived from the National Security 
     Education Trust Fund, to remain available until expended.

                      Community Management Account

       For necessary expenses of the Community Management Account; 
     $98,283,000.

     Kaho'olawe Island Conveyance, Remediation, and Environmental 
                         Restoration Trust Fund

       For payment to the Kaho'olawe Island Conveyance, 
     Remediation, and Environmental Restoration Trust Fund, as 
     authorized by law, $25,000,000, to remain available until 
     expended.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004. No more than 20 per centum of the appropriations 
     in this Act which are limited for obligation during the 
     current fiscal 

[[Page S 12572]]
     year shall be obligated during the last two months of the fiscal year: 
     Provided, That this section shall not apply to obligations 
     for support of active duty training of reserve components or 
     summer camp training of the Reserve Officers' Training Corps.


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $2,400,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds and the ``Foreign Currency Fluctuations, Defense'' and 
     ``Operation and Maintenance'' appropriation accounts in such 
     amounts as may be determined by the Secretary of Defense, 
     with the approval of the Office of Management and Budget, 
     except that such transfers may not be made unless the 
     Secretary of Defense has notified the Congress of the 
     proposed transfer. Except in amounts equal to the amounts 
     appropriated to working capital funds in this Act, no 
     obligations may be made against a working capital fund to 
     procure or increase the value of war reserve material 
     inventory, unless the Secretary of Defense has notified the 
     Congress prior to any such obligation.
       Sec. 8007. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source: Provided further, That none 
     of the funds available to the Department of Defense in this 
     Act shall be used by the Secretary of a military department 
     to purchase coal or coke from foreign nations for use at 
     United States defense facilities in Europe when coal from the 
     United States is available.
       Sec. 8008. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     Committees on Appropriations, Armed Services, and National 
     Security of the Senate and House of Representatives.
       Sec. 8009. None of the funds contained in this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services shall be available for payments to 
     physicians and other authorized individual health care 
     providers in excess of the amounts allowed in fiscal year 
     1994 for similar services, except that: (a) for services for 
     which the Secretary of Defense determines an increase is 
     justified by economic circumstances, the allowable amounts 
     may be increased in accordance with appropriate economic 
     index data similar to that used pursuant to title XVIII of 
     the Social Security Act; and (b) for services the Secretary 
     determines are overpriced based on allowable payments under 
     title XVIII of the Social Security Act, the allowable amounts 
     shall be reduced by not more than 15 percent (except that the 
     reduction may be waived if the Secretary determines that it 
     would impair adequate access to health care services for 
     beneficiaries). The Secretary shall solicit public comment 
     prior to promulgating regulations to implement this section. 
     Such regulations shall include a limitation, similar to that 
     used under title XVIII of the Social Security Act, on the 
     extent to which a provider may bill a beneficiary an actual 
     charge in excess of the allowable amount.
       Sec. 8010. None of the funds provided in this Act shall be 
     available to initiate (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000, or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the Committees 
     on Appropriations and Armed Services of the Senate and House 
     of Representatives have been notified at least thirty days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the Committees on Appropriations 
     and Armed Services of the House of Representatives and the 
     Senate: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement.
       Funds appropriated in title III of this Act may be used for 
     multiyear procurement contracts as follows:
       UH-60 Blackhawk helicopter;
       Apache Longbow helicopter; and
       M1A2 tank upgrade.
       Sec. 8011. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     to Congress on September 30 of each year: Provided, That 
     funds available for operation and maintenance shall be 
     available for providing humanitarian and similar assistance 
     by using Civic Action Teams in the Trust Territories of the 
     Pacific Islands and freely associated states of Micronesia, 
     pursuant to the Compact of Free Association as authorized by 
     Public Law 99-239: Provided further, That upon a 
     determination by the Secretary of the Army that such action 
     is beneficial for graduate medical education programs 
     conducted at Army medical facilities located in Hawaii, the 
     Secretary of the Army may authorize the provision of medical 
     services at such facilities and transportation to such 
     facilities, on a nonreimbursable basis, for civilian patients 
     from American Samoa, the Commonwealth of the Northern Mariana 
     Islands, the Marshall Islands, the Federated States of 
     Micronesia, Palau, and Guam.
       Sec. 8012. None of the funds provided in this Act shall be 
     available either to return any IOWA Class Battleships to the 
     Naval Register, or to retain the logistical support necessary 
     for support of any IOWA Class Battleships in active service.
       Sec. 8013. (a) The provisions of section 115(a)(4) of title 
     10, United States Code, shall not apply with respect to 
     fiscal year 1996 or with respect to the appropriation of 
     funds for that year.
       (b) During fiscal year 1996, the civilian personnel of the 
     Department of Defense may not be managed on the basis of any 
     end-strength, and the management of such personnel during 
     that fiscal year shall not be subject to any constraint or 
     limitation (known as an end-strength) on the number of such 
     personnel who may be employed on the last day of such fiscal 
     year.
       (c) The fiscal year 1997 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 1997 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 1996.
       Sec. 8014. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used by the 
     Department of Defense to exceed, outside the fifty United 
     States, its territories, and the District of Columbia, 
     125,000 civilian workyears: Provided, That workyears shall be 
     applied as defined in the Federal Personnel Manual: Provided 
     further, That workyears expended in dependent student hiring 
     programs for disadvantaged youths shall not be included in 
     this workyear limitation.
       Sec. 8015. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8016. None of the funds appropriated by this Act, 
     during the current fiscal year and hereafter, shall be 
     obligated for the pay of any individual who is initially 
     employed after the date of enactment of this Act as a 
     technician in the administration and training of the Army 
     Reserve and the maintenance and repair of supplies issued to 
     the Army Reserve unless such individual is also a military 
     member of the Army Reserve troop program unit that he or she 
     is employed to support. Those technicians employed by the 
     Army Reserve in areas other 

[[Page S 12573]]
     than Army Reserve troop program units need only be members of the 
     Selected Reserve.
       Sec. 8017. Notwithstanding any other provision of law, 
     during the current fiscal year and hereafter, the Secretaries 
     of the Army and Air Force may authorize the retention in an 
     active status until age sixty of any person who would 
     otherwise be removed from an active status and who is 
     employed as a National Guard or Reserve technician in a 
     position in which active status in a reserve component of the 
     Army or Air Force is required as a condition of that 
     employment.
       Sec. 8018. (a) None of the funds appropriated by this Act 
     shall be used to make contributions to the Department of 
     Defense Education Benefits Fund pursuant to section 2006(g) 
     of title 10, United States Code, representing the normal cost 
     for future benefits under section 1415(c) of title 38, United 
     States Code, for any member of the armed services who, on or 
     after the date of enactment of this Act--
       (1) enlists in the armed services for a period of active 
     duty of less than three years; or
       (2) receives an enlistment bonus under section 308a or 308f 
     of title 37, United States Code,

     nor shall any amounts representing the normal cost of such 
     future benefits be transferred from the Fund by the Secretary 
     of the Treasury to the Secretary of Veterans Affairs pursuant 
     to section 2006(d) of title 10, United States Code; nor shall 
     the Secretary of Veterans Affairs pay such benefits to any 
     such member: Provided, That, in the case of a member covered 
     by clause (1), these limitations shall not apply to members 
     in combat arms skills or to members who enlist in the armed 
     services on or after July 1, 1989, under a program continued 
     or established by the Secretary of Defense in fiscal year 
     1991 to test the cost-effective use of special recruiting 
     incentives involving not more than nineteen noncombat arms 
     skills approved in advance by the Secretary of Defense: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       (b) None of the funds appropriated by this Act shall be 
     available for the basic pay and allowances of any member of 
     the Army participating as a full-time student and receiving 
     benefits paid by the Secretary of Veterans Affairs from the 
     Department of Defense Education Benefits Fund when time spent 
     as a full-time student is credited toward completion of a 
     service commitment: Provided, That this subsection shall not 
     apply to those members who have reenlisted with this option 
     prior to October 1, 1987: Provided further, That this 
     subsection applies only to active components of the Army.
       Sec. 8019. Funds appropriated in this Act shall be 
     available for the payment of not more than 75 percent of the 
     charges of a postsecondary educational institution for the 
     tuition or expenses of an officer in the Ready Reserve of the 
     Army National Guard or Army Reserve for education or training 
     during his off-duty periods, except that no part of the 
     charges may be paid unless the officer agrees to remain a 
     member of the Ready Reserve for at least four years after 
     completion of such training or education.
       Sec. 8020. None of the funds appropriated by this Act shall 
     be available to convert to contractor performance an activity 
     or function of the Department of Defense that, on or after 
     the date of enactment of this Act, is performed by more than 
     ten Department of Defense civilian employees until a most 
     efficient and cost-effective organization analysis is 
     completed on such activity or function and certification of 
     the analysis is made to the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     this section shall not apply to a commercial or industrial 
     type function of the Department of Defense that: (1) is 
     included on the procurement list established pursuant to 
     section 2 of the Act of June 25, 1938 (41 U.S.C. 47), 
     popularly referred to as the Javits-Wagner-O'Day Act; (2) is 
     planned to be converted to performance by a qualified 
     nonprofit agency for the blind or by a qualified nonprofit 
     agency for other severely handicapped individuals in 
     accordance with that Act; or (3) is planned to be converted 
     to performance by a qualified firm under 51 percent Native 
     American ownership.
       Sec. 8021. Notwithstanding any other provision of law, the 
     Secretary of the Navy may use funds appropriated to charter 
     ships to be used as auxiliary minesweepers providing that the 
     owner agrees that these ships may be activated as Navy 
     Reserve ships with Navy Reserve crews used in training 
     exercises conducted in accordance with law and policies 
     governing Naval Reserve forces.
       Sec. 8022. For the purposes of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (Public Law 99-177) as 
     amended by the Balanced Budget and Emergency Deficit Control 
     Reaffirmation Act of 1987 (Public Law 100-119) and by the 
     Budget Enforcement Act of 1990 (Public Law 101-508), the term 
     program, project, and activity for appropriations contained 
     in this Act shall be defined as the most specific level of 
     budget items identified in the Department of Defense 
     Appropriations Act, 1996, the accompanying House and Senate 
     Committee reports, the conference report and accompanying 
     joint explanatory statement of the managers of the Committee 
     of Conference, the related classified annexes and reports, 
     and the P-1 and R-1 budget justification documents as 
     subsequently modified by Congressional action: Provided, That 
     the following exception to the above definition shall apply:
       For the Military Personnel and the Operation and 
     Maintenance accounts, the term ``program, project, and 
     activity'' is defined as the appropriations accounts 
     contained in the Department of Defense Appropriations Act: 
     Provided further, That at the time the President submits his 
     budget for fiscal year 1997, the Department of Defense shall 
     transmit to the Committees on Appropriations and the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a budget justification document to be known 
     as the ``O-1'' which shall identify, at the budget activity, 
     activity group, and subactivity group level, the amounts 
     requested by the President to be appropriated to the 
     Department of Defense for operation and maintenance in any 
     budget request, or amended budget request, for fiscal year 
     1997.
       Sec. 8023. Of the funds made available by this Act in title 
     III, Procurement, $8,000,000, drawn pro rata from each 
     appropriations account in title III, shall be available for 
     incentive payments authorized by section 504 of the Indian 
     Financing Act of 1974, 25 U.S.C. 1544. These payments shall 
     be available only to contractors which have submitted 
     subcontracting plans pursuant to 15 U.S.C. 637(d), and 
     according to regulations which shall be promulgated by the 
     Secretary of Defense within 90 days of the passage of this 
     Act.
       Sec. 8024. During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     procure or acquire (1) defensive handguns unless such 
     handguns are the M9 or M11 9mm Department of Defense standard 
     handguns, or (2) offensive handguns except for the Special 
     Operations Forces: Provided, That the foregoing shall not 
     apply to handguns and ammunition for marksmanship 
     competitions.


                          (transfer of funds)

       Sec. 8025. Notwithstanding any other provision of law, the 
     Department of Defense may transfer prior year, unobligated 
     balances and funds appropriated in this Act to the operation 
     and maintenance appropriations for the purpose of providing 
     military technician and Department of Defense medical 
     personnel pay and medical programs (including CHAMPUS) the 
     same exemption from sequestration set forth in the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177) as amended by the Balanced Budget and Emergency 
     Deficit Control Reaffirmation Act of 1987 (Public Law 100-
     119) and by the Budget Enforcement Act of 1990 (Public Law 
     101-508) as that granted the other military personnel 
     accounts: Provided, That any transfer made pursuant to any 
     use of the authority provided by this provision shall be 
     limited so that the amounts reprogrammed to the operation and 
     maintenance appropriations do not exceed the amounts 
     sequestered under the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177) as amended by the 
     Balanced Budget and Emergency Deficit Control Reaffirmation 
     Act of 1987 (Public Law 100-119) and by the Budget 
     Enforcement Act of 1990 (Public Law 101-508): Provided 
     further, That the authority to make transfers pursuant to 
     this section is in addition to the authority to make 
     transfers under other provisions of this Act: Provided 
     further, That the Secretary of Defense may proceed with such 
     transfer after notifying the Appropriations Committees of the 
     House of Representatives and the Senate twenty calendar days 
     in session before any such transfer of funds under this 
     provision.
       Sec. 8026. None of the funds available to the Department of 
     the Navy may be used to enter into any contract for the 
     overhaul, repair, or maintenance of any naval vessel 
     homeported on the West Coast of the United States which 
     includes charges for interport differential as an evaluation 
     factor for award.
       Sec. 8027. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) shall be available for the 
     reimbursement of any health care provider for inpatient 
     mental health service for care received when a patient is 
     referred to a provider of inpatient mental health care or 
     residential treatment care by a medical or health care 
     professional having an economic interest in the facility to 
     which the patient is referred: Provided, That this limitation 
     does not apply in the case of inpatient mental health 
     services provided under the program for the handicapped under 
     subsection (d) of section 1079 of title 10, United States 
     Code, provided as partial hospital care, or provided pursuant 
     to a waiver authorized by the Secretary of Defense because of 
     medical or psychological circumstances of the patient that 
     are confirmed by a health professional who is not a Federal 
     employee after a review, pursuant to rules prescribed by the 
     Secretary, which takes into account the appropriate level of 
     care for the patient, the intensity of services required by 
     the patient, and the availability of that care.
       Sec. 8028. Funds available in this Act may be used to 
     provide transportation for the next-of-kin of individuals who 
     have been prisoners of war or missing in action from the 
     Vietnam era to an annual meeting in the United States, under 
     such regulations as the Secretary of Defense may prescribe.
       Sec. 8029. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, 

[[Page S 12574]]
     to American Samoa: Provided, That notwithstanding any other provision 
     of law, funds available to the Department of Defense shall be 
     made available to provide transportation of medical supplies 
     and equipment, on a nonreimbursable basis, to the Indian 
     Health Service when it is in conjunction with a civil-
     military project.
       Sec. 8030. Notwithstanding any other provision of law, 
     during the current fiscal year, the Secretary of Defense may, 
     by Executive Agreement, establish with host nation 
     governments in NATO member states a separate account into 
     which such residual value amounts negotiated in the return of 
     United States military installations in NATO member states 
     may be deposited, in the currency of the host nation, in lieu 
     of direct monetary transfers to the United States Treasury: 
     Provided, That such credits may be utilized only for the 
     construction of facilities to support United States military 
     forces in that host nation, or such real property maintenance 
     and base operating costs that are currently executed through 
     monetary transfers to such host nations: Provided further, 
     That the Department of Defense's budget submission for fiscal 
     year 1997 shall identify such sums anticipated in residual 
     value settlements, and identify such construction, real 
     property maintenance or base operating costs that shall be 
     funded by the host nation through such credits: Provided 
     further, That all military construction projects to be 
     executed from such accounts must be previously approved in a 
     prior Act of Congress: Provided further, That each such 
     Executive Agreement with a NATO member host nation shall be 
     reported to the Committees on Appropriations and Armed 
     Services of the House of Representatives and the Senate 
     thirty days prior to the conclusion and endorsement of any 
     such agreement established under this provision.
       Sec. 8031. None of the funds available to the Department of 
     Defense in this Act shall be used to demilitarize or dispose 
     of more than 310,784 unserviceable M-1 Garand rifles and M-1 
     Carbines.
       Sec. 8032. Notwithstanding any other provision of law, none 
     of the funds appropriated by this Act shall be available to 
     pay more than 50 percent of an amount paid to any person 
     under section 308 of title 37, United States Code, in a lump 
     sum.
       Sec. 8033. None of the funds appropriated during the 
     current fiscal year and hereafter, may be used by the 
     Department of Defense to assign a supervisor's title or grade 
     when the number of people he or she supervises is considered 
     as a basis for this determination: Provided, That savings 
     that result from this provision are represented as such in 
     future budget proposals.
       Sec. 8034. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense in fiscal year 
     1996 for construction or service performed in whole or in 
     part in a State which is not contiguous with another State 
     and has an unemployment rate in excess of the national 
     average rate of unemployment as determined by the Secretary 
     of Labor shall include a provision requiring the contractor 
     to employ, for the purpose of performing that portion of the 
     contract in such State that is not contiguous with another 
     State, individuals who are residents of such State and who, 
     in the case of any craft or trade, possess or would be able 
     to acquire promptly the necessary skills: Provided, That the 
     Secretary of Defense may waive the requirements of this 
     section in the interest of national security.
       Sec. 8035. During the current fiscal year, funds 
     appropriated or otherwise available for any Federal agency, 
     the Congress, the judicial branch, or the District of 
     Columbia may be used for the pay, allowances, and benefits of 
     an employee as defined by section 2105 of title 5 or an 
     individual employed by the government of the District of 
     Columbia, permanent or temporary indefinite, who--
       (1) is a member of a Reserve component of the Armed Forces, 
     as described in section 261 of title 10, or the National 
     Guard, as described in section 101 of title 32;
       (2) performs, for the purpose of providing military aid to 
     enforce the law or providing assistance to civil authorities 
     in the protection or saving of life or property or prevention 
     of injury--
       (A) Federal service under section 331, 332, 333, 3500, or 
     8500 of title 10, or other provision of law, as applicable, 
     or
       (B) full-time military service for his State, the District 
     of Columbia, the Commonwealth of Puerto Rico, or a territory 
     of the United States; and
       (3) requests and is granted--
       (A) leave under the authority of this section; or
       (B) annual leave, which may be granted without regard to 
     the provisions of sections 5519 and 6323(b) of title 5, if 
     such employee is otherwise entitled to such annual leave:
     Provided, That any employee who requests leave under 
     subsection (3)(A) for service described in subsection (2) of 
     this section is entitled to such leave, subject to the 
     provisions of this section and of the last sentence of 
     section 6323(b) of title 5, and such leave shall be 
     considered leave under section 6323(b) of title 5.
       Sec. 8036. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of twenty-four months after initiation of 
     such study with respect to a single function activity or 
     forty-eight months after initiation of such study for a 
     multi-function activity.
       Sec. 8037. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8038. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may adjust wage rates 
     for civilian employees hired for certain health care 
     occupations as authorized for the Secretary of Veterans 
     Affairs by section 7455 of title 38, United States Code.
       Sec. 8039. Of the funds made available in this Act, not 
     less than $24,197,000 shall be available for the Civil Air 
     Patrol, of which $14,259,000 shall be available for Operation 
     and Maintenance.
       Sec. 8040. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act.
       Sec. 8041. (a) Of the funds for the procurement of supplies 
     or services appropriated by this Act, qualified nonprofit 
     agencies for the blind or other severely handicapped shall be 
     afforded the maximum practicable opportunity to participate 
     as subcontractors and suppliers in the performance of 
     contracts let by the Department of Defense.
       (b) During the current fiscal year, a business concern 
     which has negotiated with a military service or defense 
     agency a subcontracting plan for the participation by small 
     business concerns pursuant to section 8(d) of the Small 
     Business Act (15 U.S.C. 637(d)) shall be given credit toward 
     meeting that subcontracting goal for any purchases made from 
     qualified nonprofit agencies for the blind or other severely 
     handicapped.
       (c) For the purpose of this section, the phrase ``qualified 
     nonprofit agency for the blind or other severely 
     handicapped'' means a nonprofit agency for the blind or other 
     severely handicapped that has been approved by the Committee 
     for the Purchase from the Blind and Other Severely 
     Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
     48).
       Sec. 8042. During the current fiscal year, net receipts 
     pursuant to collections from third party payers pursuant to 
     section 1095 of title 10, United States Code, shall be made 
     available to the local facility of the uniformed services 
     responsible for the collections and shall be over and above 
     the facility's direct budget amount.
       Sec. 8043. Notwithstanding any other provision of law, of 
     the funds appropriated for the Defense Health Program during 
     this fiscal year and hereafter, the amount payable for 
     services provided under this section shall not be less than 
     the amount calculated under the coordination of benefits 
     reimbursement formula utilized when CHAMPUS is a secondary 
     payor to medical insurance programs other than Medicare, and 
     such appropriations as necessary shall be available 
     (notwithstanding the last sentence of section 1086(c) of 
     title 10, United States Code) to continue Civilian Health and 
     Medical Program of the Uniformed Services (CHAMPUS) benefits, 
     until age 65, under such section for a former member of a 
     uniformed service who is entitled to retired or retainer pay 
     or equivalent pay, or a dependent of such a member, or any 
     other beneficiary described by section 1086(c) of title 10, 
     United States Code, who becomes eligible for hospital 
     insurance benefits under part A of title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.) solely on the grounds 
     of physical disability, or end stage renal disease: Provided, 
     That expenses under this section shall only be covered to the 
     extent that such expenses are not covered under parts A and B 
     of title XVIII of the Social Security Act and are otherwise 
     covered under CHAMPUS: Provided further, That no 
     reimbursement shall be made for services provided prior to 
     October 1, 1991.
       Sec. 8044. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $250,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That, upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriation or fund which incurred such obligations.
       Sec. 8045. None of the unobligated balances available in 
     the National Defense Stockpile Transaction Fund during the 
     current fiscal year may be obligated or expended to finance 
     any grant or contract to conduct research, development, test 
     and evaluation activities for the development or production 
     of advanced materials, unless amounts for such purposes are 
     specifically appropriated in a subsequent appropriations Act.
       Sec. 8046. For the purposes of this Act, the term 
     ``congressional defense committees'' means the National 
     Security Committee of the House of Representatives, the Armed 
     Services Committee of the Senate, the subcommittee on Defense 
     of the Committee on Appropriations of the Senate, and the 
     Subcommittee on National Security of the Committee on 
     Appropriations of the House of Representatives.
       Sec. 8047. Notwithstanding any other provision of law, 
     during the current fiscal year, the Department of Defense may 
     acquire the modification, depot maintenance and repair of 
     aircraft, vehicles and vessels as well as the production of 
     components and other Defense-related articles, through 
     competition between Department of Defense depot maintenance 
     activities and private firms: Provided, That the Senior 
     Acquisition Executive of the 

[[Page S 12575]]
     military department or defense agency concerned, with power of 
     delegation, shall certify that successful bids include 
     comparable estimates of all direct and indirect costs for 
     both public and private bids: Provided further, That Office 
     of Management and Budget Circular A-76 shall not apply to 
     competitions conducted under this section.
       Sec. 8048. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located: Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8049. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year as a result 
     of energy cost savings realized by the Department of Defense 
     shall remain available for obligation for the next fiscal 
     year to the extent, and for the purposes, provided in section 
     2865 of title 10, United States Code.
       Sec. 8050. During the current fiscal year, voluntary 
     separation incentives payable under 10 U.S.C. 1175 may be 
     paid in such amounts as are necessary from the assets of the 
     Voluntary Separation Incentive Fund established by section 
     1175(h)(1).


                     (including transfer of funds)

       Sec. 8051. Amounts deposited during the current fiscal year 
     and hereafter to the special account established under 40 
     U.S.C. 485(h)(2) and to the special account established under 
     10 U.S.C. 2667(d)(1) are appropriated and shall be available 
     until transferred by the Secretary of Defense to current 
     applicable appropriations or funds of the Department of 
     Defense under the terms and conditions specified by 40 U.S.C. 
     485(h)(2) (A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be 
     merged with and to be available for the same time period and 
     the same purposes as the appropriation to which transferred.
       Sec. 8052. None of the funds in this or any other Act shall 
     be available for the preparation of studies on--
       (a) the feasibility of removal and transportation of 
     unitary chemical weapons from the eight chemical storage 
     sites within the continental United States to Johnston Atoll: 
     Provided, That this prohibition shall not apply to General 
     Accounting Office studies requested by a Member of Congress 
     or a Congressional Committee; and
       (b) the potential future uses of the nine chemical disposal 
     facilities other than for the destruction of stockpile 
     chemical munitions and as limited by section 1412(c)(2), 
     Public Law 99-145: Provided, That this prohibition does not 
     apply to future use studies for the CAMDS facility at Tooele, 
     Utah.
       Sec. 8053. During the current fiscal year, appropriations 
     available to the Department of Defense may be used to 
     reimburse a member of a reserve component of the Armed Forces 
     who is not otherwise entitled to travel and transportation 
     allowances and who occupies transient government housing 
     while performing active duty for training or inactive duty 
     training: Provided, That such members may be provided lodging 
     in kind if transient government quarters are unavailable as 
     if the member was entitled to such allowances under 
     subsection (a) of section 404 of title 37, United States 
     Code: Provided further, That if lodging in kind is provided, 
     any authorized service charge or cost of such lodging may be 
     paid directly from funds appropriated for operation and 
     maintenance of the reserve component of the member concerned.
       Sec. 8054. For fiscal year 1996, the total amount 
     appropriated to fund the Uniformed Services Treatment 
     Facilities program, operated pursuant to section 911 of 
     Public Law 97-99 (42 U.S.C. 248c), is limited to 
     $329,000,000, of which not more than $300,000,000 may be 
     provided by the funds appropriated by this Act.
       Sec. 8055. Notwithstanding any other provision of law, the 
     Naval shipyards of the United States shall be eligible to 
     participate in any manufacturing extension program financed 
     by funds appropriated in this or any other Act.
       Sec. 8056. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8057. During the current fiscal year, annual payments 
     granted under the provisions of section 4416 of the National 
     Defense Authorization Act for Fiscal Year 1993 (Public Law 
     102-428; 106 Stat. 2714) shall be made from appropriations in 
     this Act which are available for the pay of reserve component 
     personnel.
       Sec. 8058. During the current fiscal year, appropriations 
     available for the pay and allowances of active duty members 
     of the Armed Forces shall be available to pay the retired pay 
     which is payable pursuant to section 4403 of Public Law 102-
     484 (10 U.S.C. 1293 note) under the terms and conditions 
     provided in section 4403.
       Sec. 8059. None of the funds provided in this Act shall be 
     available for use by a Military Department to modify an 
     aircraft, weapon, ship or other item of equipment, that the 
     Military Department concerned plans to retire or otherwise 
     dispose of within five years after completion of the 
     modification: Provided, That this prohibition shall not apply 
     to safety modifications: Provided further, That this 
     prohibition may be waived by the Secretary of a Military 
     Department if the Secretary determines it is in the best 
     national security interest of the United States to provide 
     such waiver and so notifies the congressional defense 
     committees in writing.
       Sec. 8060. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 1997.
       Sec. 8061. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8062. (a) None of the funds appropriated or otherwise 
     made available in this Act may be used to transport or 
     provide for the transportation of chemical munitions to the 
     Johnston Atoll for the purpose of storing or demilitarizing 
     such munitions.
       (b) The prohibition in subsection (a) shall not apply to 
     any obsolete World War II chemical munition of the United 
     States found in the World War II Pacific Theater of 
     Operations.
       (c) The President may suspend the application of subsection 
     (a) during a period of war in which the United States is a 
     party.
       Sec. 8063. Amounts collected for the use of the facilities 
     of the National Science Center for Communications and 
     Electronics during the current fiscal year pursuant to 
     section 1459(g) of the Department of Defense Authorization 
     Act, 1986 and deposited to the special account established 
     under subsection 1459(g)(2) of that Act are appropriated and 
     shall be available until expended for the operation and 
     maintenance of the Center as provided for in subsection 
     1459(g)(2).
       Sec. 8064. None of the funds appropriated in this Act may 
     be expended by an entity of the Department of Defense unless 
     the entity, in expending the funds, complies with the Buy 
     American Act. For purposes of this subsection, the term ``Buy 
     American Act'' means title III of the Act entitled ``An Act 
     making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       Sec. 8065. Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $8,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation, on Indian lands resulting 
     from Department of Defense activities.
       Sec. 8066. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analyses, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work,
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source, or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:
     Provided, That this limitation shall not apply to contracts 
     in an amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8067. To the extent authorized in law, the Secretary 
     of Defense shall issue loan guarantees in support of U.S. 
     defense exports not otherwise provided for: Provided, That 
     the total contingent liability of the United States for 
     guarantees issues under the authority of this section may not 
     exceed $15,000,000,000: Provided further, That the exposure 
     fees charged and collected by the Secretary for each 
     guarantee, shall be paid by the country involved and shall 
     not be financed as part of a loan guaranteed by the United 
     States: Provided further, That the Secretary shall provide 
     quarterly reports to 

[[Page S 12576]]
     the Committees on Appropriations, Armed Services and Foreign Relations 
     of the Senate and the Committees of Appropriations, National 
     Security and International Relations in the House of 
     Representatives on the implementation of this program.
       Sec. 8068. Funds appropriated by this Act for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 1996 until the 
     enactment of the Intelligence Authorization Act for fiscal 
     year 1996.
       Sec. 8069. None of the funds provided in this Act may be 
     obligated or expended for the sale of zinc in the National 
     Defense Stockpile if zinc commodity prices decline more than 
     five percent below the London Metals Exchange market price 
     reported on the date of enactment of this Act.
       Sec. 8070. During the current fiscal year, funds 
     appropriated in this Act are available to compensate members 
     of the National Guard for duty performed pursuant to a plan 
     submitted by a Governor of a State and approved by the 
     Secretary of Defense under section 112 of title 32, United 
     States Code: Provided, That during the performance of such 
     duty, the members of the National Guard shall be under State 
     command and control: Provided further, That such duty shall 
     be treated as full-time National Guard duty for purposes of 
     sections 3686(2) and 8686(2) of title 10, United States Code.
       Sec. 8071. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Unified and 
     Specified Commands and Defense Agencies shall be available 
     for reimbursement of pay, allowances, and other expenses 
     which would otherwise be incurred against appropriations of 
     the National Guard and Reserve when members of the National 
     Guard and Reserve provide intelligence support to Unified 
     Commands, Defense Agencies and Joint Intelligence Activities, 
     including the activities and programs included within the 
     General Defense Intelligence Program and the Consolidated 
     Cryptologic Program: Provided, That nothing in this section 
     authorizes deviation from established Reserve and National 
     Guard personnel and training procedures.
       Sec. 8072. All refunds or other amounts collected in the 
     administration of the Civilian Health and Medical Program of 
     the Uniformed Services (CHAMPUS) shall be credited to current 
     year appropriations.


                              (rescission)

       Sec. 8073. Of the funds provided in Department of Defense 
     Appropriations Acts, the following funds are hereby rescinded 
     from the following accounts in the specified amounts:
       ``Procurement of Ammunition, Army, 1993/1995'', 
     $15,000,000;
       ``Aircraft Procurement, Air Force, 1994/1996'', 
     $53,654,000;
       ``Aircraft Procurement, Air Force, 1995/1997'', 
     $53,100,000;
       ``Shipbuilding and Conversion, Navy, 1991/1995'', 
     $13,570,000;
       ``Other Procurement, Navy, 1995/1997'', $8,600,000;
       ``Research, Development, Test and Evaluation, Army, 1994/
     1995'', $242,000;
       ``Research, Development, Test and Evaluation, Army, 1995/
     1996'', $11,156,000;
       ``Research, Development, Test and Evaluation, Navy, 1994/
     1995'', $4,416,000;
       ``Research, Development, Test and Evaluation, Navy, 1995/
     1996'', $10,150,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     1994/1995'', $46,589,000; and
       ``Research, Development, Test and Evaluation, Air Force, 
     1995/1996'', $15,767,000.
       Sec. 8074. None of the funds in this or any other Act may 
     be used to implement the plan to reorganize the regional 
     headquarters and basic camps structure of the Reserve Officer 
     Training Corps program of the Army until the Comptroller 
     General of the United States has certified to the 
     congressional defense committees that the methodology and 
     evaluation of the potential sites were consistent with the 
     established criteria for the consolidation, that all data 
     used by the Army in the evaluation was accurate and complete, 
     and that the conclusions reached are based upon the total 
     costs of the Army's final plan to establish the Eastern 
     Reserve Officer Training Corps Headquarters at Fort Benning, 
     Georgia: Provided, That all cost, including Military 
     Construction, shall be considered as well as an analysis of 
     the impact of the consolidation on the surrounding 
     communities for all affected installations.
       Sec. 8075. During the current fiscal year, the minimum 
     number of personnel employed as military reserve technicians 
     (as defined in section 8401(30) of title 5, United States 
     Code) for reserve components as of the last day of the fiscal 
     year shall be as follows:
       For the Army National Guard, 25,750;
       For the Army Reserve, 7,000;
       For the Air National Guard, 23,250; and
       For the Air Force Reserve, 10,000:
     Provided, That in addition to funds provided elsewhere in 
     this Act, the following amounts are appropriated to the 
     following accounts only for the pay of military reserve 
     technicians (as defined in section 8401(30) of title 5, 
     United States Code):
       Operation and Maintenance, Army Reserve, $24,822,000;
       Operation and Maintenance, Air Force Reserve, $12,800,000;
       Operation and Maintenance, Army National Guard, 
     $27,628,000; and
       Operation and Maintenance, Air National Guard, $30,800,000.
       Sec. 8076. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to or programs in the Democratic People's Republic 
     of North Korea unless specifically appropriated for that 
     purpose: Provided, That the Secretary of Defense and the 
     Secretaries of the military services must notify the 
     congressional defense committees within 24 hours of any 
     obligation, transfer, or expenditure of funds in excess of 
     $500,000 pursuant to authorities granted for emergency and 
     extraordinary requirements provided in title II of this Act.
       Sec. 8077. (a) None of the funds appropriated in this Act 
     are available to establish a new FFRDC, either as a new 
     entity, or as a separate entity administered by an 
     organization managing another FFRDC, or as a nonprofit 
     membership corporation consisting of a consortium of other 
     FFRDCs and other nonprofit entities.
       (b) Limitation on Compensation.--No member of a Board of 
     Directors, Trustees, Overseers, Advisory Group, Special 
     Issues Panel, Visiting Committee, or any similar entity of a 
     defense FFRDC, and no paid consultant to any defense FFRDC, 
     may be compensated for his or her services as a member of 
     such entity, or as a paid consultant, except under the same 
     conditions, and to the same extent, as members of the Defense 
     Science Board: Provided, That a member of any such entity 
     referred to previously in this subsection shall be allowed 
     travel expenses and per diem as authorized under the Federal 
     Joint Travel Regulations, when engaged in the performance of 
     membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the Department of Defense from any source 
     during fiscal year 1996 may be used by a defense FFRDC, 
     through a fee or other payment mechanism, for charitable 
     contributions, for construction of new buildings, for payment 
     of cost sharing for projects funded by government grants, or 
     for absorption of contract overruns.
       (d) Notwithstanding any other provision of law, of the 
     amounts available to the Department of Defense during fiscal 
     year 1996, not more than $1,162,650,000 may be obligated for 
     financing activities of defense FFRDCs: Provided, That the 
     total amounts appropriated in titles II, III, and IV of this 
     Act are hereby reduced by $90,000,000 to reflect the funding 
     ceiling contained in this subsection.
       Sec. 8078. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 1995 
     level.


                          (transfer of funds)

       Sec. 8079. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfers of funds: 
     Provided, That the amounts transferred shall be available for 
     the same purposes as the appropriations to which transferred, 
     and for the same time period as the appropriation from which 
     transferred: Provided further, That the amounts shall be 
     transferred between the following appropriations in the 
     amount specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1986/1990'':
       SSN-688 attack submarine program, $5,051,000;
       CG-47 cruiser program, $2,500,000;
       BB battleship reactivation, $4,000,000;
       T-AGOS SURTASS ship program, $2,135,000;
       LCAC landing craft air cushion program, $4,800,000;
       For craft, outfitting, post delivery, and cost growth, 
     $8,660,000;
       Weapons Procurement, Navy, 1994/1996, $30,900,000;
       Other Procurement, Navy, 1994/1996, $9,200,000;
       Aircraft procurement, Navy, 1994/1996, $2,056,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1986/1990'':
       MSH coastal mine hunter program, $69,302,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1988/1992'':
       SSN-688 attack submarine program, $1,500,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1988/1992'':
       T-ACS auxilary crane ship program, $1,500,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1989/1993'':
       SSN-688 attack submarine program, $23,535,000;
       DDG-51 destroyer program, $33,700,000;
       T-AO fleet oiler program, $38,969,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1989/1993'':
       SSN-21 attack submarine program, $65,886,000;
       MHC coastal mine hunter program, $30,318,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1990/1994'':
       SSN-688 attack submarine program, $1,907,000;
       DDG-51 destroyer program, $22,669,000;
       For craft, outfitting and post delivery, $3,900,000;
       Aircraft Procurement, Navy, 1994/1996, $17,944,000;

[[Page S 12577]]

       Procurement of Ammunition, Navy and Marine Corps, 1995/
     1997, $5,116,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1990/1994'':
       MHC coastal mine hunter, $9,536,000;
       T-AGOS surveillance ship program, $42,000,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1991/1995'':
       SSN-21 attack submarine program, $18,330,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1991/1995'':
       LHD-1 amphibious assault ship program, $6,178,000;
       MHC coastal mine hunter program, $12,152,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1992/1996'':
       DDG-51 destroyer program, $5,315,000;
       For craft, outfitting, post delivery, and DBOF transfer, 
     $9,675,000;
       For escalation, $3,347,000;
       Weapons Procurement, Navy, 1995/1997, $7,500,000;
       Procurement, Marine Corps, 1995/1997, $378,000;
       Other Procurement, Navy, 1995/1997, $355,000;
       Aircraft Procurement, Navy, 1995/1997, $3,600,000;
       Research, Development, Test and Evaluation, Navy, 1995/
     1996, $5,600,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1992/1996'':
       MHC coastal mine hunter program, $35,770,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1993/1997'':
       LSD-41 cargo variant ship program, $1,600,000;
       For craft, outfitting, post delivery, and first destination 
     transportation, and inflation adjustments, $5,627,000;
       Procurement of Ammunition, Navy and Marine Corps, 1995/
     1997, $1,784,000;
       Other Procurement, Navy, 1995/1997, $645,000.
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1993/1997'':
       DDG-51 destroyer program, $7,356,000;
       AOE combat support ship program, $2,300,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1994/1998'':
       MCS(C) program, $5,300,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1995/1999'':
       Nuclear submarine main steam condensor industrial base, 
     $900,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1994/1998'':
       LHD program, $6,200,000.
       Sec. 8080. The Department shall include, in the operation 
     of TRICARE Regions 7/8, a region-wide wraparound care package 
     that requires providers of residential treatment services to 
     share financial risk through case rate reimbursement, to 
     include planning and individualized wraparound services to 
     prevent recidivism.
       Sec. 8081. None of the funds available to the Department of 
     Defense shall be available to make progress payments based on 
     costs to large business concerns at rates lower than 85 
     percent on contract solicitations issued after enactment of 
     this Act.
       Sec. 8082. Notwithstanding any other provision of law, the 
     Department of Defense shall execute payment in not more than 
     24 days after receipt of a proper invoice.
       Sec. 8083. Funds provided in title II of this Act for real 
     Property Maintenance may be obligated and expended for the 
     renovation, refurbishment and modernization of bachelor 
     enlisted living quarters up to a level of $1,000,000 per 
     facility project.
       Sec. 8084. None of the funds appropriated by this Act may 
     be used to carry out the ship depot maintenance solicitation 
     policy issued by the Secretary of the Navy in a memorandum 
     dated 16 June 1995.
       Sec. 8085. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin.
       Sec. 8086. None of the funds appropriated or otherwise made 
     available under this Act may be used for the destruction of 
     pentaborane currently stored at Edwards Air Force Base, 
     California, until the Secretary of Energy certifies to the 
     congressional defense committees that the Secretary does not 
     intend to use the pentaborane or the by-products of such 
     destruction at the Idaho National Engineering Laboratory 
     for--
       (1) environmental remediation of high level, liquid 
     radioactive waste; or
       (2) as a source of raw materials for boron drugs for Boron 
     Neutron Capture Therapy.
       Sec. 8087. (a) Energy Savings at Federal Facilities.--The 
     head of each agency for which funds are made available under 
     this Act shall take all actions necessary to achieve during 
     fiscal year 1996 a 5 percent reduction, from fiscal year 1995 
     levels, in the energy costs of the facilities used by the 
     agency.
       (b) Use of Cost Savings.--An amount equal to the amount of 
     cost savings realized by an agency under subsection (a) shall 
     remain available for obligation through the end of fiscal 
     year 1997, without further authorization or appropriation, as 
     follows:
       (1) Conservation measures.--Fifty percent of the amount 
     shall remain available for the implementation of additional 
     energy conservation measures and for water conservation 
     measures at such facilities used by the agency as are 
     designated by the head of the agency.
       (2) Other purposes.--Fifty percent of the amount shall 
     remain available for use by the agency for such purposes as 
     are designated by the head of the agency, consistent with 
     applicable law.
       (c) Report.--
       (1) In general.--Not later than December 31, 1996, the head 
     of each agency described in subsection (a) shall submit a 
     report to Congress specifying the results of the actions 
     taken under subsection (a) and providing any recommendations 
     concerning how to further reduce energy costs and energy 
     consumption in the future.
       (2) Contents.--Each report shall--
       (A) specify the total energy costs of the facilities used 
     by the agency;
       (B) identify the reductions achieved; and
       (C) specify the actions that resulted in the reductions.
       Sec. 8088. (a)(1) Not later than October 1, 1995, the 
     Secretary of Defense shall require that each disbursement by 
     the Department of Defense in an amount in excess of 
     $1,000,000 be matched to a particular obligation before the 
     disbursement is made.
       (2) Not later than September 30, 1996, the Secretary of 
     Defense shall require that each disbursement by the 
     Department of Defense in an amount in excess of $500,000 be 
     matched to a particular obligation before the disbursement is 
     made.
       (b) The Secretary shall ensure that a disbursement in 
     excess of the threshold amount applicable under subsection 
     (a) is not divided into multiple disbursements of less than 
     that amount for the purpose of avoiding the applicability of 
     such subsection to that disbursement.
       (c) The Secretary of Defense may waive a requirement for 
     advance matching of a disbursement of the Department of 
     Defense with a particular obligation in the case of (1) a 
     disbursement involving deployed forces, (2) a disbursement 
     for an operation in a war declared by Congress or a national 
     emergency declared by the President or Congress, or (3) a 
     disbursement under any other circumstances for which the 
     waiver is necessary in the national security interests of the 
     United States, as determined by the Secretary and certified 
     by the Secretary to the congressional defense committees.
       (d) This section shall not be construed to limit the 
     authority of the Secretary of Defense to require that a 
     disbursement not in excess of the amount applicable under 
     subsection (a) be matched to a particular obligation before 
     the disbursement is made.
       Sec. 8089. (a) Except as provided in subsection (b), the 
     total amount obligated or expended for procurement of the 
     SSN-21, SSN-22, and SSN-23 Seawolf class submarines may not 
     exceed $7,223,695,000.
       (b) The amount of the limitation set forth in subsection 
     (a) is increased after fiscal year 1995 by the following 
     amounts:
       (1) The amounts of outfitting costs and post-delivery costs 
     incurred for the submarines referred to in such subsection.
       (2) The amounts of increases in costs attributable to 
     economic inflation after fiscal year 1995.
       (3) The amounts of increases in costs attributable to 
     compliance with changes in Federal, State, or local laws 
     enacted after fiscal year 1995.

     SEC. 8090. RESTRICTION ON REIMBURSEMENT OF COSTS.

       None of the funds provided in this Act may be obligated for 
     payment on new contracts on which allowable costs charged to 
     the government include payments for individual compensation 
     at a rate in excess of $250,000 per year.
       Sec. 8091. None of the funds available to the Department of 
     Defense during fiscal year 1996 may be obligated or expended 
     to support or finance the activities of the Defense Policy 
     Advisory Committee on Trade.

     SEC. 8092. PROHIBITION OF PAY AND ALLOWANCES FOR MILITARY 
                   PERSONNEL CONVICTED OF SERIOUS CRIMES.

       (a) Notwithstanding any other provision of law, none of the 
     funds appropriated by this Act shall be obligated for the pay 
     or allowances of any member of the Armed Forces who has been 
     sentenced by a court-martial to any sentence that includes 
     confinement for one year or more, death, dishonorable 
     discharge, bad-conduct discharge, or dismissal during any 
     period of confinement or parole.
       (b) In a case involving an accused who has dependents, the 
     convening authority or other person acting under title 10, 
     section 860, may waive any or all of the forfeitures of pay 
     and allowances required by subsection (a) for a period not to 
     exceed six months. Any amount of pay or allowances that, 
     except for a waiver under this subsection, would be forfeited 
     shall be paid, as the convening authority or other person 
     taking action directs, to the dependents of the accused.
       (c) If the sentence of a member who forfeits pay and 
     allowances under subsection (a) is set aside or disapproved 
     or, as finally approved, does not provide for a punishment 
     referred to in subsection (a), the member shall be paid the 
     pay and allowances which the member would have been paid, 
     except for the forfeiture, for the period during which the 
     forfeiture was in effect

[[Page S 12578]]

       Sec. 8093. None of the funds made available in this Act 
     under the heading ``Procurement of Ammunition, Army'' may be 
     obligated or expended for the procurement of munitions unless 
     such acquisition fully complies with the Competition in 
     Contracting Act.
       Sec. 8094. Six months after the date of enactment of this 
     Act the General Accounting Office shall report to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives on any changes in Department of Defense 
     commissary access policy, including providing reservists 
     additional or new privileges, and addressing the financial 
     impact on the commissaries as a result of any policy changes.
       Sec. 8095. The Secretary of Defense shall develop and 
     provide to the congressional defense committees an Electronic 
     Combat Master Plan to establish an optimum infrastructure for 
     electronic combat assets no later than March 31, 1996.
       Sec. 8096. The Secretary of Defense and the Secretary of 
     the Army shall reconsider the decision not to include the 
     infantry military occupational specialty among the military 
     skills and specialties for which special pays are provided 
     under the Selected Reserve Incentive Program.

     SEC. 8097. INTERIM LEASES OF PROPERTY APPROVED FOR CLOSURE OR 
                   REALIGNMENT.

       Section 2667(f) of title 10, United States Code, is amended 
     by adding at the end the following:
       ``(4)(A) Notwithstanding the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), the scope of any 
     environmental impact analysis necessary to support an interim 
     lease of property under this subsection shall be limited to 
     the environmental consequences of activities authorized under 
     the proposed lease and the cumulative impacts of other past, 
     present, and reasonably foreseeable future actions during the 
     period of the proposed lease.
       ``(B) Interim leases entered into under this subsection 
     shall be deemed not to prejudice the final property disposal 
     decision, even if final property disposal may be delayed 
     until completion of the interim lease term. An interim lease 
     under this subsection shall not be entered into without prior 
     consultation with the redevelopment authority concerned.
       ``(C) The provisions of subparagraphs (A) and (B) shall not 
     apply to an interim lease under this subsection if authorized 
     activities under the lease would--
       ``(i) significantly effect the quality of the human 
     environment; or
       ``(ii) irreversibly alter the environment in a way that 
     would preclude any reasonable disposal alternative of the 
     property concerned.''.
       Sec. 8098. (a) If, on February 18, 1996, the Secretary of 
     the Navy has not certified in writing to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that--
       (1) the Secretary has restructured the new attack submarine 
     program to provide for--
       (A) procurement of the lead vessel under the program from 
     General Dynamics Corporation Electric Boat Division 
     (hereafter in this section referred to as ``Electric Boat 
     Division'') beginning in fiscal year 1998 (subject to the 
     price offered by Electric Boat Division being determined fair 
     and reasonable by the Secretary),
       (B) procurement of the second vessel under the program from 
     Newport News Shipbuilding and Drydock Company beginning in 
     fiscal year 1999 (subject to the price offered by Newport 
     News Shipbuilding and Drydock Company being determined fair 
     and reasonable by the Secretary), and
       (C) procurement of other vessels under the program under 
     one or more contracts that are entered into after competition 
     between Electric Boat Division and Newport News Shipbuilding 
     and Drydock Company for which the Secretary shall solicit 
     competitive proposals and award the contract or contracts on 
     the basis of price, and
       (2) the Secretary has directed, as set forth in detail in 
     such certification that--
       (A) no action is to be taken to terminate or to fail to 
     extend either the existing Planning Yard contract for the 
     Trident class submarines or the existing Planning Yard 
     contract for the SSN-688 Los Angeles class submarines except 
     by reason of a breach of contract by the contractor or an 
     insufficiency of appropriations,
       (B) no action is to be taken to terminate any existing Lead 
     Design Yard contract for the SSN-21 Seawolf class submarines 
     or for the SSN-688 Los Angeles class submarines, except by 
     reason of a breach of contract by the contractor or an 
     insufficiency of appropriations,
       (C) both Electric Boat Division and Newport News 
     Shipbuilding and Drydock Company are to have access to 
     sufficient information concerning the design of the new 
     attack submarine to ensure that each is capable of 
     constructing the new attack submarine, and
       (D) no action is to be taken to impair the design, 
     engineering, construction, and maintenance competencies of 
     either Electric Boat Division or Newport News Shipbuilding 
     and Drydock Company to construct the new attack submarine,
     then, funds appropriated in title III under the heading 
     ``Shipbuilding and Conversion, Navy'' may not be obligated 
     for the SSN-21 attack submarine program or for the new attack 
     submarine program (NSSN-1 and NSSN-2).
       (b) Funds referred to in subsection (a) for procurement of 
     the lead and second vessels under the new attack submarine 
     program may not be expended during fiscal year 1996 for the 
     lead vessel under that program (other than for class design) 
     unless funds are obligated or expended during such fiscal 
     year for a contract in support of procurement of the second 
     vessel under the program.

     SEC. 8099. LIMITATION ON USE OF FUNDS FOR COOPERATIVE THREAT 
                   REDUCTION.

       (a) Limitation.--Of the funds available under title II 
     under the heading ``Former Soviet Union Threat Reduction'' 
     for dismantlement and destruction of chemical weapons, not 
     more than $52,000,000 may be obligated or expended for that 
     purpose until the President certifies to Congress the 
     following:
       (1) That the United States and Russia have completed a 
     joint laboratory study evaluating the proposal of Russia to 
     neutralize its chemical weapons and the United States agrees 
     with the proposal.
       (2) That Russia is in the process of preparing, with the 
     assistance of the United States as necessary, a comprehensive 
     plan to manage the dismantlement and destruction of the 
     Russia chemical weapons stockpile.
       (3) That the United States and Russia are committed to 
     resolving outstanding issues under the 1989 Wyoming 
     Memorandum of Understanding and the 1990 Bilateral 
     Destruction Agreement.
       (b) Definitions.--In this section:
       (1) The term ``1989 Wyoming Memorandum of Understanding'' 
     means the Memorandum of Understanding between the Government 
     of the United States of America and the Government of the 
     Union of Soviet Socialist Republics Regarding a Bilateral 
     Verification Experiment and Data Exchange Related to 
     Prohibition on Chemical Weapons, signed at Jackson Hole, 
     Wyoming, on September 23, 1989.
       (2) The term ``1990 Bilateral Destruction Agreement'' means 
     the Agreement between the United States of America and the 
     Union of Soviet Socialist Republics on destruction and non-
     production of chemical weapons and on measures to facilitate 
     the multilateral convention on banning chemical weapons 
     signed on June 1, 1990.

     SEC. 8100. SENSE OF SENATE REGARDING UNDERGROUND NUCLEAR 
                   TESTING.

       (a) Findings.--The Senate makes the following findings:
       (1) The President of France stated on June 13, 1995, that 
     the Republic of France plans to conduct eight nuclear test 
     explosions over the next several months.
       (2) The People's Republic of China continues to conduct 
     underground nuclear weapons tests.
       (3) The United States, France, Russia, and Great Britain 
     have observed a moratorium on nuclear testing since 1992.
       (4) A resumption of testing by the Republic of France could 
     result in the disintegration of the current testing 
     moratorium and a renewal of underground testing by other 
     nuclear weapon states.
       (5) A resumption of nuclear testing by the Republic of 
     France raises serious environmental and health concerns.
       (6) The United Nations Conference on Disarmament presently 
     is meeting in Geneva, Switzerland, for the purpose of 
     negotiating a Comprehensive Nuclear Test Ban Treaty (CTBT), 
     which would halt permanently the practice of conducting 
     nuclear test explosions.
       (7) Continued underground weapons testing by the Republic 
     of France and the People's Republic of China undermines the 
     efforts of the international community to conclude a CTBT by 
     1996, a goal endorsed by 175 nations, at the recently 
     completed NPT Extension and Review Conference (the conference 
     for the extension and review of the Nuclear Non-Proliferation 
     Treaty).
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Republic of France and the People's Republic of 
     China should abide by the current international moratorium on 
     nuclear test explosions and refrain from conducting 
     underground nuclear tests in advance of a Comprehensive Test 
     Ban Treaty.

     SEC. 8101. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.

       (a) Approval Beyond Low-Rate Initial Production.--The 
     Secretary of Defense may not approve a theater missile 
     defense interceptor program beyond the low-rate initial 
     production acquisition stage until the Secretary certifies to 
     the congressional defense committees that the program--
       (1) has successfully completed initial operational test and 
     evaluation; and
       (2) involves a suitable and effective system.
       (b) Certification Requirements.--(1) In order to be 
     certified under subsection (a), the initial operational test 
     and evaluation conducted with respect to a program shall 
     include flight tests--
       (A) that were conducted with multiple interceptors and 
     multiple targets in the presence of realistic 
     countermeasures; and
       (B) the results of which demonstrate the achievement of 
     baseline performance thresholds by such interceptors.
       (2) The Director of Operational Test and Evaluation shall 
     specify the number of flight tests required with respect to a 
     program under paragraph (1) in order to make a certification 
     referred to in subsection (a).
       (3) The Secretary may utilize modeling and simulation 
     validated by ground and flight testing in order to augment 
     flight testing to demonstrate weapons system performance 

[[Page S 12579]]
     for purposes of a certification under subsection (a).
       (c) Reports.--(1) The Director of Operational Test and 
     Evaluation and the head of the Ballistic Missile Defense 
     Organization shall include in the annual reports to Congress 
     of such officials plans to test adequately theater missile 
     defense interceptor programs throughout the acquisition 
     process.
       (2) As each theater missile defense system progresses 
     through the acquisition process, the officials referred to in 
     paragraph (1) shall include in the annual reports to Congress 
     of such officials an assessment of the extent to which such 
     programs satisfy the planned test objectives for such 
     programs.
       (d) Definition.--For purposes of this section, the baseline 
     performance thresholds for a program are the weapon system 
     performance thresholds specified in the baseline description 
     for the weapon system established pursuant to section 
     2435(a)(1) of title 10, United States Code, before the 
     program entered into the engineering and manufacturing 
     development stage.

     SEC. 8102. ELIGIBILITY FOR DEFENSE DUAL-USE ASSISTANCE 
                   EXTENSION PROGRAM.

       Section 2524(e) of title 10, United States Code, is 
     amended--
       (1) in paragraph (3), by striking out ``at least 25 percent 
     of the value of the borrower's sales during the preceding 
     year'' in the matter preceding subparagraph (A) and inserting 
     in lieu thereof ``at least 25 percent of the amount equal to 
     the average value of the borrower's sales during the 
     preceding 5 fiscal years'';
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) A borrower that meets the selection criteria set 
     forth in paragraph (2) and subsection (f) is also eligible 
     for a loan guarantee under subsection (b)(3) if the borrower 
     is a former defense worker whose employment as such a worker 
     was terminated as a result of a reduction in expenditures by 
     the United States for defense, the termination or 
     cancellation of a defense contract, the failure to proceed 
     with an approved major weapon system, the merger or 
     consolidation of the operations of a defense contractor, or 
     the closure or realignment of a military installation.''.
       This Act may be cited as the ``Department of Defense 
     Appropriations Act, 1996''.

  Mr. STEVENS. Mr. President, I move to reconsider the vote.
  Mr. DOLE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________