[Congressional Record Volume 141, Number 136 (Tuesday, September 5, 1995)]
[Senate]
[Pages S12615-S12621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                 ______


               BINGAMAN (AND DOMENICI) AMENDMENT NO. 2427

  Mr. BINGAMAN (for himself and Mr. Domenici) proposed an amendment to 
the bill (S. 1026) to authorize appropriations for fiscal year 1996 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

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

       (a) Date of Transfer of Utilities.--Section 72 of the 
     Atomic Energy Community Act of 1955 (42 U.S.C. 2372) is 
     amended by striking out ``not later than five years after the 
     date it is included within this Act'' and inserting in lieu 
     thereof ``not later than June 30, 1998''.
       (b) Date of Transfer of Municipal Installations.--Section 
     83 of such Act (42 U.S.C. 2383) is amended by striking out 
     ``not later than five years after the date it is included 
     within this Act'' and inserting in lieu thereof ``not later 
     than June 30, 1993''.
       (c) Recommendation for Further Assistance Payments.--
     Section 91 of such Act (42 U.S.C. 2391) is amended--
       (1) by striking out ``, and the Los Alamos School Board;'' 
     and all that follows through ``county of Los Alamos, New 
     Mexico'' and inserting in lieu thereof ``; or not later than 
     June 30, 1996, in the case of the Los Alamos School Board and 
     the county of Los Alamos, New Mexico''; and
       (2) by adding at the end the following new sentence: ``If 
     the recommendation under the preceding sentence regarding the 
     Los Alamos School Board or the county of Los Alamos, New 
     Mexico, indicates a need for further assistance for the 
     school board or the county, as the case may be, after June 
     30, 1997, the recommendation shall include a report and plan 
     describing the actions required to eliminate the need for 
     further assistance for the school board or the county, 
     including a proposal for legislative action to carry out the 
     plan.''.
       (d) Contract To Make Payments.--Section 94 of such Act (42 
     U.S.C. 2394) is amended--
       (1) by striking out ``June 30, 1996'' each place it appears 
     in the proviso in the first sentence and inserting in lieu 
     thereof ``June 30, 1997''; and
       (2) by striking out ``July 1, 1996'' in the second sentence 
     and inserting in lieu thereof ``July 1, 1997''.
                                 ______


                        BROWN AMENDMENT NO. 2428

  Mr. BROWN proposed an amendment to the bill S. 1026, supra; as 
follows:

       At the appropriate place in the bill, add the following new 
     section--

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

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


                  EXON (AND OTHERS) AMENDMENT NO. 2429

  Mr. EXON (for himself, Mr. Bingaman, and Mr. Lieberman) proposed an 
amendment to the bill S. 1026, supra; as follows:

       At the appropriate place, insert the following:
     Notwithstanding any other provision of the Act, the provision 
     dealing with hydronuclear experiments is qualified in the 
     following respect:
       (c) Limitations.--Nothing in this Act shall be construed as 
     an authorization to conduct hydronuclear tests. Furthermore, 
     nothing in this Act shall be construed as amending or 
     repealing the requirements of Section 507 of Public Law 102-
     377.
                                 ______


                 HARKIN (AND OTHERS) AMENDMENT NO. 2430

  Mr. EXON (for Mr. Harkin for himself, Mr. Shelby, Mr. Campbell, Mr. 
Robb, Mr. Heflin, and Mr. Bingaman) proposed an amendment to the bill 
S. 1026, supra; as follows:

       On page 72, between lines 18 and 19, insert the following:

     SEC. 305. INCREASE IN FUNDING FOR THE CIVIL AIR PATROL.

       (a) Increase.--(1) The amount of funds authorized to be 
     appropriated by this Act for operation and maintenance of the 
     Air Force for the Civil Air Patrol Corporation is hereby 
     increased by $5,000,000.
       (2) The amount authorized to be appropriated for operation 
     and maintenance for 

[[Page S 12616]]
     the Civil Air Patrol Corporation under paragraph (1) is in addition to 
     any other funds authorized to be appropriated under this Act 
     for that purpose.
       (b) Offsetting Reduction.--The amount authorized to be 
     appropriated under this Act for Air Force support of the 
     Civil Air Patrol is hereby reduced by $2,900,000. The amount 
     of the reduction shall be allocated among funds authorized to 
     be appropriated for Air Force personnel supporting the Civil 
     Air Patrol and for Air Force operation and maintenance 
     support for the Civil Air Patrol.
                                 ______


                      THURMOND AMENDMENT NO. 2431

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

       On page 69, line 25, decrease the amount by $10,000,000.
       On page 70, line 5, strike out ``$1,472,947,000'' and 
     insert in lieu thereof ``$1,482,947,000''.
                                 ______


                 GLENN (AND OTHERS) AMENDMENT NO. 2432

  Mr. EXON (for Mr. Glenn, for himself, Mrs. Feinstein, Mr. Pell, and 
Mr. Moynihan) proposed an amendment to the bill S. 1026, supra; as 
follows:

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

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

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


                        HELMS AMENDMENT NO. 2433

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

       On page 422, in the table preceding line 1, in the matter 
     relating to the Special Operations Command at Fort Bragg, 
     North Carolina, strike out ``$8,100,000'' in the amount 
     column and insert in lieu thereof ``$9,400,000''.
       On page 424, line 22, increase the amount by $1,300,000.
       On page 424, line 25, increase the amount by $1,300,000.
                                 ______


                        SIMON AMENDMENT NO. 2434

  Mr. EXON (for Mr. Simon) proposed an amendment to the bill S. 1026, 
supra; as follows:

       On page 366, between lines 17 and 18, insert the following:
       (d) Relationship to Authority of Secretary of State.--
     Nothing in this section or section 462 of title 10, United 
     States Code (as added by subsection (b)(1)), shall impair the 
     authority or ability of the Secretary of State to coordinate 
     policy regarding international military education and 
     training programs.
                                 ______


                        SMITH AMENDMENT NO. 2435

  Mr. WARNER (for Mr. Smith) proposed an amendment to the bill S. 1026, 
supra; as follows:

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

     SEC. 224. DEPRESSED ALTITUDE GUIDED GUN ROUND SYSTEM.

       Of the amount authorized to be appropriated under section 
     201(1), $5,000,000 is authorized to be appropriated for 
     continued development of the depressed altitude guided gun 
     round system.
                                 ______


                       KENNEDY AMENDMENT NO. 2436

  Mr. EXON (for Mr. Kennedy) proposed an amendment to the bill S. 1026, 
supra; as follows:

       On page 21, following line 21, insert the following:

     SEC.   . REPORT ON AH-64D ENGINE UPGRADES.

       (a) Report.--No later than February 1, 1996, the Secretary 
     of the Army shall submit to Congress a report on plans to 
     procure T700-701C engine upgrade kits for Army AH-64D 
     helicopters.
       The report shall include:
       (1) a plan to provide for the upgrade of all Army AH-64D 
     helicopters with T700-701C engine kits commencing in FY 1996.
       (2) detailed timeline and funding requirements for the 
     engine upgrade program described in (a)(1).
                                 ______


                 DOLE (AND THURMOND) AMENDMENT NO. 2437

  Mr. WARNER (for Mr. Dole, for himself and Mr. Thurmond) proposed an 
amendment to the bill S. 1026, supra; as follows:

       On page 31, after line 22, insert the following:

     SEC. 133. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM PROGRAM.

       Of the amount authorized to be appropriated under section 
     103(1), $54,968,000 shall be available for the Joint Primary 
     Aircraft Training System program for procurement of up to 
     eight aircraft.
                                 ______


                 HEFLIN (AND SHELBY) AMENDMENT NO. 2438

  Mr. EXON (for Mr. Heflin and Mr. Shelby) proposed an amendment to the 
bill S. 1026, supra; as follows:

       On page 16, line 20, strike out ``$1,532,964,000'' and 
     insert in lieu thereof ``$1,547,964,000''.
       On page 69, line 25, strike out ``$10,060,162,000'' and 
     insert in lieu thereof ``$10,045,162,000''.
                                 ______


                      DOMENICI AMENDMENT NO. 2439
  Mr. WARNER (for Mr. Domenici) proposed an amendment to the bill S. 
                        1026, supra; as follows:

       On page 277, after line 25, insert the following:
       (b) Effective Date for Program Authority.--Section 
     554(b)(1) of the National Defense Authorization Act for 
     Fiscal Year 1994 (107 Stat. 1666; 10 U.S.C. 1059 note) is 
     amended by striking out ``the date of the enactment of this 
     Act--'' and inserting in lieu thereof ``April 1, 1994.--''.
       On page 277, beginning on line 21, strike out

     ``: CLARIFICATION OF ENTITLEMENT''.

       On page 277, line 23, insert ``(a) Clarification of 
     Entitlement.--'' before ``Section''.
                                 ______


                        ROBB AMENDMENT NO. 2440

  Mr. EXON (for Mr. Robb) proposed an amendment to the bill S. 1026, 
supra; as follows:

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

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

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


                        BROWN AMENDMENT NO. 2441

  Mr. WARNER (for Mr. Brown) proposed an amendment to the bill S. 1026, 
supra; as follows:

       At the appropriate place in the bill add the following:

     SEC.   . STUDY ON CHEMICAL WEAPONS STOCKPILE.

       (a) Study.--(1) The Secretary of Defense shall conduct a 
     study to assess the risk associated with transportation of 
     the unitary stockpile, any portion of the stockpile to 
     include drained * * * from one location to another within the 
     continental United States. Also, the Secretary shall include 
     a study of the assistance available to communities in the 
     vicinity if the Department of Defense facilities co-located 
     with continuing chemical stockpile and chemical 
     demilitarization operations which facilities are subject to 
     closure, realignment, or reutilization.
       (2) The review shall include an analysis of--
       (A) the results of the physical and chemical integrity 
     report conducted by the Army on existing stockpile;
       (B) a determination of the viability of transportation of 
     any portion of the stockpile, to include drained agent from 
     munitions and the munitions;
       (C) the safety, cost-effectiveness, and public 
     acceptability of transporting the stockpile, in its current 
     configuration, or in alternative configurations;
       (D) the economic effects of closure, realignment, or 
     reutilization of the facilities referred to in paragraph (1) 
     on the communities referred to in that paragraph; and
       (E) the unique problems that such communities face with 
     respect to the reuse of such facilities as a result of the 
     operations referred to in paragraph (1).
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study carried out under subsection (a). The 
     report shall include recommendations of the Secretary on 
     methods for ensuring the expeditious and cost-effective 
     transfer or lease of facilities referred to in paragraph (1) 
     of subsection (a) to communities referred to in paragraph (1) 
     for reuse by such communities.
                                 ______

                                 
[[Page S 12617]]


               MIKULSKI (AND SARBANES) AMENDMENT NO. 2442

  Mr. EXON (for Ms. Mikulski, for herself and Mr. Sarbanes) proposed an 
amendment to the bill, S. 1026, supra; as follows:

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

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

       (a) Consolidation.--Notwithstanding any other provision of 
     law, the Secretary of Defense shall dispose of the property 
     and facilities at Fort Holabird, Maryland, described in 
     subsection (b) in accordance with subparagraph (2)(e) of the 
     Base Closure Community Redevelopment and Homeless Assistance 
     Act of 1994 (P.L. 103-421), treating the property described 
     in (b) as if the CEO of the State had submitted a timely 
     request to the Secretary of Defense under subparagraph 
     (2)(e)(i)(B)(ii) of the Base Closure Community Redevelopment 
     and Homeless Assistance Act of 1994 (P.L. 103-42.)
       (b) Covered Property and Facilities.--Subsection (a) 
     applies to the following property and facilities at Fort 
     Holabird, Maryland:
       (1) Property and facilities that were approved for closure 
     or realignment under the 1988 base closure law that are not 
     disposed of as of the date of the enactment of this Act, 
     including buildings 305 and 306 and the parking lots and 
     other property associated with such buildings.
       (2) Property and facilities that are approved for closure 
     or realignment under the 1990 base closure law in 1995.
       (c) Use of Surveys and Other Evaluations of Property.--In 
     carrying out the disposal of the property and facilities 
     referred to in subsection (b)(1), the Secretary shall utilize 
     any surveys and other evaluations of such property and 
     facilities that are prepared by the Corps of Engineers before 
     the date of the enactment of this Act as part of the process 
     for the disposal of such property and facilities under the 
     1988 base closure law.
       (d) Definitions.--In this section:
       (1) The term ``1988 base closure law'' means title II of 
     the Defense Authorization Amendments and Base Closure and 
     Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
       (2) The term ``1990 base closure law'' means the Defense 
     Base Closure and Realignment Act of 1990 (part A of title 
     XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

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

       (a) Conveyance Authorized.--Notwithstanding any other 
     provision of law, the Secretary of the Army may convey to the 
     existing owner of the improvements thereon all right, title, 
     and interest of the United States in and to a parcel of real 
     property underlying the Cummins Apartment Complex at Fort 
     Holabird, Maryland, consisting of approximately 6 acres and 
     any interest the U.S. may have in the improvements there on.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the owner of the improvements referred 
     to in that subsection shall provide compensation to the 
     United States in an amount equal to the fair market value (as 
     determined by the Secretary) of the property interest to be 
     conveyed.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey that is 
     satisfactory to the Secretary.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______


                       WARNER AMENDMENT NO. 2443

  Mr. WARNER proposed an amendment to the bill S. 1026, supra; as 
follows:

       On page 403, between lines 16 and 17, insert the following:

     SEC. 1095. DESIGNATION OF NATIONAL MARITIME CENTER.

       (a) Designation of National Maritime Center.--The NAUTICUS 
     building, located at One Waterside Drive, Norfolk, Virginia, 
     shall be known and designated as the ``National Maritime 
     Center''.
       (b) Reference to National Maritime Center.--Any reference 
     in a law, map, regulation, document, paper, or other record 
     of the United States to the building referred to in 
     subsection (a) shall be deemed to be a reference to the 
     ``National Maritime Center''.
                                 ______


                        BOXER AMENDMENT NO. 2444

  Mr. EXON (for Mrs. Boxer) proposed an amendment to the bill, S. 1026, 
supra; as follows:

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

     SEC. 2838. REPORT ON DISPOSAL OF PROPERTY, FORT ORD MILITARY 
                   COMPLEX, CALIFORNIA.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report describing the plants of the Secretary for the 
     disposal of a parcel of real property consisting of 
     approximately 477 acres at the former Fort Ord Military 
     Complex, California, including the Black Horse Golf Course, 
     the Bayonet Golf Corse, and a portion of the Hayes Housing 
     Facility.
                                 ______


                STEVENS (AND BREAUX) AMENDMENT NO. 2445

  Mr. WARNER (for Mr. Stevens, for himself and Mr. Breaux) proposed an 
amendment to the bill, S. 1026, supra; as follows:

       On page 305, beginning on line 1, strike all through line 
     10 and insert in lieu thereof the following:

     SEC. 802. PROCUREMENT NOTICE POSTING THRESHOLDS AND 
                   SUBCONTRACTS FOR OCEAN TRANSPORTATION SERVICES.

       (a) Procurement Notice Posting Thresholds.--Section 
     18(a)(1)(B) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 416(a)(1)(B)) is amended--
       (1) by striking out ``subsection (f)--'' and all that 
     follows through the end of the subparagraph and inserting in 
     lieu thereof ``subsection (b); and''; and
       (2) by inserting after ``property or services'' the 
     following: ``for a price expected to exceed $10,000, but not 
     to exceed $25,000,''.
       (b) Subcontracts for Ocean Transportation Services.--
     Notwithstanding any other provision of law, neither section 
     901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b)) 
     nor section 2631 of title 10, United States Code, shall be 
     included prior to May 1, 1996 on any list promulgated under 
     section 34(b) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 430(b)).
                                 ______


                        ROBB AMENDMENT NO. 2446

  Mr. EXON (for Mr. Robb) proposed an amendment to the bill S. 1026, 
supra; as follows:

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


                 PRYOR (AND OTHERS) AMENDMENT NO. 2447

  Mr. EXON (for Mr. Pryor, for himself, Mrs. Feinstein, and Mrs. Boxer) 
proposed an amendment to the bill S. 1026, supra; as follows:

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

     SEC. 2825. 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.''.
                                 ______


                      GRASSLEY AMENDMENT NO. 2448

  Mr. WARNER (for Mr. Grassley) proposed an amendment to the bill S. 
1026, supra; as follows:

       On page 403, between lines 16 and 17, insert the following:

     SEC. 1095. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT FLEET.

       (a) Submittal of JCS Report on Aircraft.--Not later than 
     February 1, 1996, the Secretary of Defense shall submit to 
     Congress the report on aircraft designated as Operational 
     Support Airlift Aircraft that is currently in preparation by 
     the Joint Chiefs of Staff.
       (b) Content of Report.--(1) The report shall contain 
     findings and recommendations regarding the following:
       (A) Modernization and safety requirements for the 
     Operational Support Airlift Aircraft fleet.
       (B) Standardization plans and requirements of that fleet.
       (C) The disposition of aircraft considered excess to that 
     fleet in light of the requirements set forth under 
     subparagraph (A).
       (D) The need for helicopter support in the National Capital 
     Region.
       (E) The acceptable uses of helicopter support in the 
     National Capital Region.
       (2) In preparing the report, the Joint Chiefs of Staff 
     shall take into account the recommendation of the Commission 
     on Roles 

[[Page S 12618]]
     and Missions of the Armed Forces to reduce the size of the Operational 
     Support Airlift Aircraft fleet.
       (c) Regulations.--Upon completion of the report referred to 
     in subsection (a), the secretary shall prescribe regulations, 
     consistent with the findings and recommendations set forth in 
     the report, for the operation, maintenance, disposition, and 
     use of aircraft designated as Operational Support Airlift 
     Aircraft.
       (2) The regulations shall, to the maximum extent 
     practicable, provide for, and encourage the use of, 
     commercial airlines in lieu of the use of aircraft designated 
     as Operational Support Airlift Aircraft.
       (3) The regulations shall apply uniformly throughout the 
     Department of Defense.
       (4) The regulations should not require exclusive use of the 
     aircraft designated as Operational Support Airlift Aircraft 
     for any particular class of government personnel.
       (d) Reductions in Flying Hours.--(1) The Secretary shall 
     ensure that the number of hours flown in fiscal year 1996 by 
     aircraft designated as Operational Support Airlift Aircraft 
     does not exceed the number equal to 85 percent of the number 
     of hours flown in fiscal year 1995 by such aircraft.
       (2) The Secretary should ensure that the number of hours 
     flown in fiscal year 1996 for helicopter support in the 
     National Capital Region does not exceed the number equal to 
     85 percent of the number of hours flown in fiscal year 1995 
     for such helicopter support.
       (e) Restriction on Availability of Funds.--Of the funds 
     authorized to be appropriated under title III for the 
     operation and use of aircraft designated as Operational 
     Support Airlift Aircraft, not more than 50 percent of such 
     funds shall be available for that purpose until the submittal 
     of the report referred to in subsection (a).
                                 ______


                DOMENICI (AND INOUYE) AMENDMENT NO. 2449

  Mr. WARNER (for Mr. Domenici, for himself and Mr. Inouye) proposed an 
amendment to the bill S. 1026, supra; as follows:

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

     SEC.   . ARMY ECHELON ABOVE CORPS COMMUNICATIONS.

       Of the amount authorized to be appropriated under section 
     201(3), $40,000,000 is hereby transferred to the 
     authorization of appropriations under section 101(5) for 
     procurement of communications equipment for Army echelons 
     above corps.
                                 ______


                        SIMON AMENDMENT NO. 2450

  Mr. EXON (for Mr. Simon) proposed an amendment to the bill S. 1026, 
supra; as follows:

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

     SEC. 2838. LAND CONVEYANCE, NAVY PROPERTY, FORT SHERIDAN, 
                   ILLINOIS.

       (a) Authority To Convey.--Subject to subsections (b) and 
     (l), the Secretary of the Navy may convey to any transferee 
     selected under subsection (i) all right, title, and interest 
     of the United States in and to a parcel of real property 
     (including any improvements thereon) at Fort Sheridan, 
     Illinois, consisting of approximately 182 acres and 
     comprising the Navy housing areas at Fort Sheridan.
       (b) Requirement for Federal Screening of Property.--The 
     Secretary may not carry out the conveyance of property 
     authorized by subsection (a) unless the Secretary determines 
     that no department or agency of the Federal Government will 
     accept the transfer of the property.
       (c) Consideration.--(1) As consideration for the conveyance 
     under subsection (a), the transferee selected under 
     subsection (i) shall--
       (A) convey to the United States a parcel of real property 
     that meets the requirements of subsection (d);
       (B) design for and construct on the property conveyed under 
     subparagraph (A) such housing facilities (including support 
     facilities and infrastructure) to replace the housing 
     facilities conveyed pursuant to the authority in subsection 
     (a) as the Secretary considers appropriate;
       (C) pay the cost of relocating Navy personnel residing in 
     the housing facilities located on the real property conveyed 
     pursuant to the authority in subsection (a) to the housing 
     facilities constructed under subparagraph (B);
       (D) provide for the education of dependents of such 
     personnel under subsection (e); and
       (E) carry out such activities for the maintenance and 
     improvement of the facilities constructed under subparagraph 
     (B) as the Secretary and the transferee jointly determine 
     appropriate.
       (2) The Secretary shall ensure that the fair market value 
     of the consideration provided by the transferee under 
     paragraph (1) is not less than the fair market value of the 
     property interest conveyed by the Secretary under subsection 
     (a).
       (d) Requirements Relating to Property To Be Conveyed to 
     United States.--The property interest conveyed to the United 
     States under subsection (c)(1)(A) by the transferee selected 
     under subsection (i) shall--
       (1) be located not more than 25 miles from the Great Lakes 
     Naval Training Center, Illinois;
       (2) be located in a neighborhood or area having social and 
     economic conditions similar to the social and economic 
     conditions of the area in which Fort Sheridan is located; and
       (3) be acceptable to the Secretary.
       (e) Education of Dependents of Navy Personnel.--(1) In 
     providing for the education of dependents of Navy personnel 
     under subsection (c)(1)(D), the transferee selected under 
     subsection (i) shall ensure that such dependents may enroll 
     at the schools of one or more school districts in the 
     vicinity of the real property conveyed to the United States 
     under subsection (c)(1)(A) which schools and districts--
       (A) meet such standards for schools and school districts as 
     the Secretary shall establish; and
       (B) will continue to meet such standards after the 
     enrollment of such dependents regardless of the receipt by 
     such school districts of Federal impact aid.
       (f) Interim Relocation of Navy Personnel.--Pending 
     completion of the construction of all the housing facilities 
     proposed to be constructed under subsection (c)(1)(B) by the 
     transferee selected under subsection (i), the Secretary may 
     relocate Navy personnel residing in housing facilities 
     located on the property to be conveyed pursuant to the 
     authority in subsection (a) to the housing facilities that 
     have been constructed by the transferee under such subsection 
     (c)(1)(B).
       (g) Applicability of Certain Agreements.--The property 
     conveyed by the Secretary pursuant to the authority in 
     subsection (a) shall be subject to the Memorandum of 
     Understanding concerning the Transfer of Certain Properties 
     at Fort Sheridan, Illinois, dated August 8, 1991, between the 
     Department of the Army and the Department of the Navy.
       (h) Determination of Fair Market Value.--The Secretary 
     shall determine the fair market value of the real property 
     interest to be conveyed under subsection (a) and of the 
     consideration to be provided under subsection (c)(1). Such 
     determination shall be final.
       (i) Selection of Transferee.--(1) The Secretary shall use 
     competitive procedures for the selection of a transferee 
     under subsection (a).
       (2) In evaluating the offers of prospective transferees, 
     the Secretary shall--
       (A) consider the technical sufficiency of the offers and 
     the adequacy of the offers in meeting the requirements for 
     consideration set forth in subsection (c)(1); and
       (B) consult with the communities and jurisdictions in the 
     vicinity of Fort Sheridan (including the City of Lake Forest, 
     the City of Highwood, and the City of Highland Park and the 
     County of Lake) in order to determine the most appropriate 
     use of the property to be conveyed.
       (j) Descriptions of Property.--The exact acreage and legal 
     descriptions of the real property to be conveyed by the 
     Secretary under subsection (a) and the real property to be 
     conveyed under subsection (c)(1)(A) shall be determined by 
     surveys satisfactory to the Secretary. The cost of such 
     surveys shall be borne by the transferee selected under 
     subsection (i).
       (k) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2839. LAND CONVEYANCE, ARMY RESERVE PROPERTY, FORT 
                   SHERIDAN, ILLINOIS.

       (a) Authority To Convey.--Subject to subsection (b), the 
     Secretary of the Army may convey to any transferee selected 
     under subsection (g) all right, title, and interest of the 
     United States in and to a parcel of real property (including 
     improvements thereon) at Fort Sheridan, Illinois, consisting 
     of approximately 114 acres and comprising an Army Reserve 
     area.
       (b) Requirement for Federal Screening of Property.--The 
     Secretary may not carry out the conveyance of property 
     authorized by subsection (a) unless the Secretary determines 
     that no department or agency of the Federal Government will 
     accept the transfer of the property.
       (c) Consideration.--(1) As consideration for the conveyance 
     under subsection (a), the transferee selected under 
     subsection (g) shall--
       (A) convey to the United States a parcel of real property 
     that meets the requirements of subsection (d);
       (B) design for and construct on the property conveyed under 
     subparagraph (A) such facilities (including support 
     facilities and infrastructure) to replace the facilities 
     conveyed pursuant to the authority in subsection (a) as the 
     Secretary considers appropriate; and
       (C) pay the cost of relocating Army personnel in the 
     facilities located on the real property conveyed pursuant to 
     the authority in subsection (a) to the facilities constructed 
     under subparagraph (B).
       (2) The Secretary shall ensure that the fair market value 
     of the consideration provided by the transferee under 
     paragraph (1) is not less than the fair market value of the 
     real property conveyed by the Secretary under subsection (a).
       (d) Requirements Relating to Property To Be Conveyed to 
     United States.--The real property conveyed to the United 
     States under subsection (c)(1)(A) by the transferee selected 
     under subsection (g) shall--

[[Page S 12619]]

       (1) be located not more than 25 miles from Fort Sheridan;
       (2) be located in a neighborhood or area having social and 
     economic conditions similar to the social and economic 
     conditions of the area in which Fort Sheridan is located; and
       (3) be acceptable to the Secretary.
       (e) Interim Relocation of Army Personnel.--Pending 
     completion of the construction of all the facilities proposed 
     to be constructed under subsection (c)(1)(B) by the 
     transferee selected under subsection (g), the Secretary may 
     relocate Army personnel in the facilities located on the 
     property to be conveyed pursuant to the authority in 
     subsection (a) to the facilities that have been constructed 
     by the transferee under such subsection (c)(1)(B).
       (f) Determination of Fair Market Value.--The Secretary 
     shall determine the fair market value of the real property to 
     be conveyed under subsection (a) and of the consideration to 
     be provided under subsection (c)(1). Such determination shall 
     be final.
       (g) Selection of Transferee.--(1) The Secretary shall use 
     competitive procedures for the selection of a transferee 
     under subsection (a).
       (2) In evaluating the offers of prospective transferees, 
     the Secretary shall--
       (A) consider the technical sufficiency of the offers and 
     the adequacy of the offers in meeting the requirements for 
     consideration set forth in subsection (c)(1); and
       (B) consult with the communities and jurisdictions in the 
     vicinity of Fort Sheridan (including the City of Lake Forest, 
     the City of Highwood, and the City of Highland Park and the 
     County of Lake) in order to determine the most appropriate 
     use of the property to be conveyed.
       (h) Descriptions of Property.--The exact acreage and legal 
     descriptions of the real property to be conveyed by the 
     Secretary under subsection (a) and the real property to be 
     conveyed under subsection (c)(1)(A) shall be determined by 
     surveys satisfactory to the Secretary. The cost of such 
     surveys shall be borne by the transferee selected under 
     subsection (g).
       (i) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______


                        LEVIN AMENDMENT NO. 2451

  Mr. LEVIN proposed an amendment to the bill S. 1026, supra; as 
follows:

       At the appropriate place in the bill, add the following 
     section:

     SEC.   . SENSE OF THE SENATE ON CHEMICAL WEAPONS CONVENTION 
                   AND START II TREATY RATIFICATION.

       (a) Findings.--The Senate makes the following findings:
       (1) Proliferation of chemical or nuclear weapons materials 
     poses a danger to United States national security, and the 
     threat or use of such materials by terrorists would directly 
     threaten U.S. citizens at home and abroad.
       (2) The Chemical Weapons Convention negotiated and signed 
     by President Bush would make it more difficult for would-be 
     proliferators, including terrorists, to acquire or use 
     chemical weapons.
       (3) The START II Treaty negotiated and signed by President 
     Bush would help reduce the danger of potential proliferators, 
     including terrorists, acquiring nuclear warheads and 
     materials, and would contribute to U.S.-Russian bilateral 
     efforts to secure and dismantle nuclear warheads.
       (4) It is in the national security interest of the United 
     States to take effective steps to make it harder for 
     proliferators or would-be terrorists to obtain chemical or 
     nuclear materials for use in weapons.
       (5) The President has urged prompt Senate action on, and 
     advice and consent to ratification of, the START II Treaty 
     and the Chemical Weapons Convention.
       (6) The Chairman of the Joint Chiefs of Staff has testified 
     to Congress that ratification of both treaties is in the U.S. 
     national interest, and has strongly urged prompt Senate 
     advice and consent to their ratification.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Senate should promptly consider giving its advice 
     and consent to ratification of the START II Treaty and the 
     Chemical Weapons Convention.
                                 ______


                        PRYOR AMENDMENT NO. 2452

  Mr. NUNN (for Mr. Pryor) proposed an amendment to the bill, S. 1026, 
supra; as follows:

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

     SEC. 224. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.

       (a) The Secretary of Defense may not approve a theater 
     missile defense interceptor program proceeding beyond the 
     low-rate initial production acquisition stage until the 
     Secretary certifies to the congressional defense committees 
     that such program has successfully completed initial 
     operational test and evaluation, and if found to be a 
     suitable and effective system.
       (b) In order to be certified under subsection (a) as having 
     been successfully completed, the initial operational test and 
     evaluation conducted with respect to an interceptor program 
     must have included flight tests--
       (1) that were conducted with multiple interceptors and 
     multiple targets in the presence of realistic 
     countermeasures; and
       (2) the results of which demonstrate the achievement by the 
     interceptors of the baseline performance thresholds.
       (c) For purposes of this section, the baseline performance 
     thresholds with respect to a program are the weapons systems 
     performance thresholds specified in the baseline description 
     for the system established (pursuant to section 2435(a)(1) of 
     title 10, United States Code) before the program entered the 
     engineering and manufacturing development stage.
       (d) The number of flight tests described in subsection (b) 
     that are required in order to make the certification under 
     subsection (a) shall be a number determined by the Director 
     of Operational Test and Evaluation to be sufficient for the 
     purposes of this section.
       (e) The Secretary may augment flight testing to demonstrate 
     weapons system performance goals for purposes of the 
     certification under subsection (a) through the use of 
     modeling and simulation that is validated by ground and 
     flight testing.
       (f) The Director of Operational Test and Evaluation and 
     Ballistic Missile Defense Organization shall include in their 
     annual reports to Congress plans to adequately test theater 
     missile defense interceptor programs throughout the 
     acquisition process. As these theater missile defense systems 
     progress through the acquisition process, the Director of 
     Operational Test and Evaluation and Ballistic Missile Defense 
     Organization shall include in their annual reports to 
     Congress an assessment to how these programs satisfy planned 
     test objectives.
                                 ______


                      THURMOND AMENDMENT NO. 2453

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

       On page 133, line 25, strike out ``such Act'' and insert in 
     lieu thereof ``the Elementary and Secondary Education Act of 
     1965''.
       On page 195, line 15, insert ``(1)'' after ``(d)''.
       On page 195, line 15, strike out ``it is a'' and insert in 
     lieu thereof ``it is an affirmative''.
       On page 195, line 17, strike out ``(1)'' and insert in lieu 
     thereof ``(A)''.
       On page 195, line 21, strike out ``(2)'' and insert in lieu 
     thereof ``(B)''.
       On page 195, line 23, strike out the end quotation marks 
     and second period.
       On page 195, after line 23, insert the following:
       ``(2) The accused has the burden of proving a defense under 
     paragraph (1) by a preponderance of the evidence.''.
       On page 250, beginning on line 20, strike out ``Not later 
     than December 15, 1996, the'' and insert in lieu thereof 
     ``The''.
       On page 375, strike out lines 11 through 15.
       On page 375, line 16, strike out ``(p)'' and insert in lieu 
     thereof ``(o)''.
       On page 375, line 20, strike out ``(q)'' and insert in lieu 
     thereof ``(p)''.
       On page 376, line 1, strike out ``(r)'' and insert in lieu 
     thereof ``(q)''.
       On page 376, line 7, strike out ``(s)'' and insert in lieu 
     thereof ``(r)''.
       On page 376, line 13, strike out ``(t)'' and insert in lieu 
     thereof ``(s)''.
       On page 376, line 22, strike out ``(u)'' and insert in lieu 
     thereof ``(t)''.
       On page 377, line 3, strike out ``(v)'' and insert in lieu 
     thereof ``(u)''.
       On page 378, between line 23 and 24, insert the following:
       (c) Public Law 100-180 Requirement for Selected Acquisition 
     Reports for ATB, ACM, and ATA Programs.--Section 127 of the 
     National Defense Authorization Act for Fiscal Years 1988 and 
     1989 (10 U.S.C. 2432 note) is repealed.
       On page 378, line 24, strike out ``(c)'' and insert in lieu 
     thereof ``(d)''.
       On page 379, line 5, strike out ``(d) and insert in lieu 
     thereof ``(e)''.
       On page 379, line 14, strike out ``(e) and insert in lieu 
     thereof ``(f)''.
       On page 379, line 20, strike out ``(f)'' and insert in lieu 
     thereof ``(g)''.
       Beginning on page 379, line 24, strike out ``106 Stat. 
     2370;'' and all that follows through page 380, line 2, and 
     insert in lieu thereof ``106 Stat. 2368; 10 U.S.C. 301 note) 
     is amended by striking out paragraphs (4) and (5).''.
       On page 380, line 3, strike out ``(g)'' and insert in lieu 
     thereof ``(h)''.
                                 ______


                        BYRD AMENDMENT NO. 2454

  Mr. NUNN (for Mr. Byrd) proposed an amendment to the bill S. 1026, 
supra; as follows:

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

     SEC. 389. ALLEGANY BALLISTICS LABORATORY.

       Of the amount authorized to be appropriated under section 
     301(2), $2,000,000 shall be available for the Allegany 
     Ballistics Laboratory for essential safety functions.
                                 ______


                      THURMOND AMENDMENT NO. 2455

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

       On page 69, line 20, strike out ``$18,086,206,000'' and 
     insert in lieu thereof ``$18,073,206,000''.
       On page 69, line 21, strike out ``$21,356,960,000'' and 
     insert in lieu thereof ``$21,343,960,000''.
       On page 69, line 23, strike out ``$18,237,893,000'' and 
     insert in lieu thereof ``$18,224,893,000''.

[[Page S 12620]]

       On page 69 line 25, strike out ``$10,060,162,000'' and 
     insert in lieu thereof ``$10,046,162,000''.
       On page 407, between lines 19 and 20, insert the following:

     SEC. 2105. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED 
                   FOR FISCAL YEAR 1992 MILITARY CONSTRUCTION 
                   PROJECTS.

       Section 2105(a) of the Military Construction Authorization 
     Act for Fiscal Year 1992 (division B of Public Law 102-190; 
     105 Stat. 1511), as amended by section 2105(b)(2)(A) of the 
     Military Construction Authorization Act for Fiscal Year 1994 
     (division B of Public Law 103-160; 107 Stat. 1859), is 
     further amended in the matter preceding paragraph (1) by 
     striking out ``$2,571,974,000'' and insert in lieu thereof 
     ``$2,565,729,000''.
       On page 417, in the table preceding line 1, in the amount 
     column of the item relating to Spangdahlem Air Base, Germany, 
     strike out ``$8,300,000'' and insert in lieu thereof 
     ``$8,380,000''.
       On page 419, line 24, strike out ``$49,450,000'' and insert 
     in lieu thereof ``$49,400,000''.
       On page 420, after line 21, add the following:

     SEC. 2305. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED 
                   FOR FISCAL YEAR 1992 MILITARY CONSTRUCTION 
                   PROJECTS.

       Section 2305(a) of the Military Construction Authorization 
     Act for Fiscal Year 1992 (division B of Public Law 102-190; 
     105 Stat. 1525), as amended by section 2308(a)(2)(A) of the 
     Military Construction Authorization Act for Fiscal Year 1993 
     (division B of Public Law 102-484; 106 Stat. 2598) and by 
     section 2305(a)(3)(A) of the Military Construction 
     Authorization Act for Fiscal Year 1994 (division B of Public 
     Law 103-160; 107 Stat. 1871), is further amended in the 
     matter preceding paragraph (1) by striking out 
     ``$2,033,833,000'' and inserting in lieu thereof 
     ``$2,017,828,000''.
       On page 424, line 22, strike out ``$4,565,533,000'' and 
     insert in lieu thereof ``$4,466,783,000''.
       On page 425, line 9, strike out ``$47,950,000'' and insert 
     in lieu thereof ``$47,900,000''.
       On page 426, line 13, strike out ``$3,897,892,000'' and 
     insert in lieu thereof ``$3,799,192,000''.
       On page 427, line 25, add the following:

     SEC. 2407. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED 
                   FOR PRIOR YEAR MILITARY CONSTRUCTION PROJECTS.

       (a) Fiscal Year 1991 Authorizatons.--Section 2405(a) of the 
     Military Construction Authorization Act for Fiscal Year 1991 
     (division B of Public Law 101-510; 104 Stat. 1779), as 
     amended by section 2409(b)(1) of the Military Construction 
     Authorization Act for Fiscal Year 1992 (division B of Public 
     Law 102-190;; 105 Stat. 1991), is further amended in the 
     matter preceding paragraph (1) by striking out 
     ``$1,644,478,000'' and inserting in lieu thereof 
     ``$1,641,244,000''.
       (b) Fiscal Year 1992 Authorizations.--Section 2404(a) of 
     the Military Construction Authorization Act for Fiscal Year 
     1992 (105 Stat. 1531), as amended by section 2404(b)(1)(A) of 
     the Military Construction Authorization Act for Fiscal Year 
     1994 (division B of Public Law 103-160; 107 Stat. 1877), is 
     further amended in the matter preceding paragraph (1) by 
     striking out ``$1,665,440,000'' and inserting in lieu thereof 
     ``$1,658,640,000''.
       (c) Fiscal Year 1993 Authorizations.--Section 2403(a) of 
     the Military Construction Authorization Act for Fiscal Year 
     1993 (division B of Public Law 102-484; 106 Stat. 2600), is 
     amended in the matter preceding paragraph (1) by striking out 
     ``$2,567,146,000'' and inserting in lieu thereof 
     ``$2,558,556,000''.
                                 ______


                      FEINSTEIN AMENDMENT NO. 2456

  Mr. NUNN (for Mrs. Feinstein) proposed an amendment to the bill S. 
1026, supra; as follows:

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

     SEC. 2838 LAND CONVEYANCE, NAVAL COMMUNICATIONS STATION, 
                   STOCKTON, CALIFORNIA.

       (a) Authority To Convey.--The Secretary of the Navy may, 
     upon the concurrence of the Administrator of General Services 
     and the Secretary of Housing and Urban Development, convey to 
     the Port of Stockton (In this section referred to as the 
     ``Port''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, consisting of approximately 1,450 acres 
     at the Naval Communication Station Stockton, California.
       (b) Interim Lease.--Until such time as the real property 
     described in subsection (a) is conveyed by deed, the 
     Secretary may lease the property, along with improvements 
     thereon, to the Port under terms and conditions satisfactory 
     to the Secretary.
       (c) Consideration.--The conveyance may be as a public 
     benefit conveyance for port development as defined in Section 
     203 of the Federal Property and Administrative Services Act 
     of 1949, (40 U.S.C. 484), as amended, provided the Port 
     satisfies the criteria in section 203 and such regulations as 
     the Administrator of General Services may prescribe to 
     implement that section. Should the Port fail to quality for a 
     public benefit conveyance and still desire to acquire the 
     property, then the Port shall, as consideration for the 
     conveyance, pay to the United States an amount equal to the 
     fair market value of the property to be conveyed, as 
     determined by the Secretary.
       (d) Federal Lease of Conveyed Property.--Notwithstanding 
     any other provision of law, as a condition for transfer of 
     this property under subparagraph (a), the Secretary may 
     require that the Port agree to lease all or a part of the 
     property currently under federal use at the time of 
     conveyance to the United States for use by the Department of 
     Defense or any other federal agency under the same terms and 
     conditions now presently in force. Such terms and conditions 
     will continue to include payment (to the Port) for 
     maintenance of facilities leased to the Federal Government. 
     Such maintenance of the Federal premises shall be to the 
     reasonable satisfaction of the United States, or as required 
     by all applicable Federal, State and local laws and 
     ordinances.
       (e) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. The cost of such survey shall be borne by Port.
       (f) Additional Terms.--The Secretary may require such 
     additional terms and conditions in connection with the 
     conveyance under subsection (a) or the lease under subsection 
     (b) as the Secretary considers appropriate to protect the 
     interests of the United States.
       (g) Environmental Quality of Property.--Any contract for 
     sale, deed, or other transfer of real property under this 
     section shall be carried out in compliance with section 
     120(h) of the CERCLA (42USC9620(h)) and other environmental 
     laws.
                                 ______


                 HARKIN (AND BOXER) AMENDMENT NO. 2457

  Mr. NUNN (for Mr. Harkin, for himself and Mrs. Boxer) proposed an 
amendment to the bill S. 1026, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     ``SEC.  . RESTRICTION ON REIMBURSEMENT OF COSTS.

       ``(a) None of the funds authorized to be appropriated in 
     this Act for fiscal year 1996 may be obligated for payment on 
     new contracts on which allowable costs charged to the 
     government include payments for individual compensation 
     (including bonuses and other incentives) at a rate in excess 
     of $250,000.
       ``(b) It is the Sense of the Senate that the Congress 
     should consider extending the restriction described in 
     section (a) permanently.''
                                 ______


                      JOHNSTON AMENDMENT NO. 2458

  Mr. NUNN (for Mr. Johnston) proposed an amendment to the bill S. 
1026, supra; as follows:

       On page 535, at the end of subtitle A, add the following 
     new sections:

     ``SEC.  . STANDARDIZATION OF ETHICS AND REPORTING 
                   REQUIREMENTS AFFECTING THE DEPARTMENT OF ENERGY 
                   WITH GOVERNMENT-WIDE STANDARDS.

       ``(a) Repeals.--(1) Part A of title VI of the Department of 
     Energy Organization Act and its catchline (42 U.S.C. 7211, 
     7212, and 7218) are repealed.
       ``(2) Section 308 of the Energy Research and Development 
     Administration Appropriation Authorization Act for Fiscal 
     Year 1977 (42 U.S.C. 5816a) is repealed.
       ``(3) Section 522 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6392) is repealed.
       ``(b) Conforming Amendments.--(1) The table of contents for 
     the Department of Energy Organization Act is amended by 
     striking out the items relating to part A of title VI 
     including sections 601 through 603.
       ``(2) The table of contents for the Energy Policy and 
     Conservation Act is amended by striking out the matter 
     relating to section 522.''.

     ``SEC.  . CERTAIN ENVIRONMENTAL RESTORATION REQUIREMENTS.

       It is the sense of Congress that--
       ``(1) No individual acting within the scope of that 
     individual's employment with a Federal agency or department 
     shall be personally subject to civil or criminal sanctions, 
     for any failure to comply with an environmental cleanup 
     requirement under the Solid Waste Disposal Act or the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act or an analogous requirement under comparable 
     Federal, State, or local laws, where the failure to comply is 
     due to lack of funds requested or appropriated to carry out 
     such requirement. Federal and State enforcement authorities 
     shall refrain from enforcement action in such circumstances.
       ``(2) If appropriations by the Congress for fiscal year 
     1996 or any subsequent fiscal year are insufficient to fund 
     any such environmental cleanup requirements, the Committees 
     of Congress with jurisdiction shall examine the issue, elicit 
     the views of Federal agencies, affected States, and the 
     public, and consider appropriate statutory amendments to 
     address personal criminal liability, and any related issues 
     pertaining to potential liability of any Federal agency or 
     department or its contractors.''
                                 ______


                 DORGAN (AND CONRAD) AMENDMENT NO. 2459

  Mr. NUNN (for Mr. Dorgan, for himself and Mr. Conrad) proposed an 
amendment to the bill S. 1026, supra; as follows:


[[Page S 12621]]

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

     SEC. 2838. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING 
                   PLANT, ROLLA, NORTH DAKOTA.

       (a) Authority to Convey.--The Administrator of General 
     Services may convey, without consideration, to the Job 
     Development Authority of the City of Rolla, North Dakota (in 
     this section referred to as the ``Authority''), all right, 
     title, and interest of the United States in and to a parcel 
     of real property, with improvements thereon and all 
     associated personal property, consisting of approximately 
     9.77 acres and comprising the William Langer Jewel Bearing 
     Plant in Rolla, North Dakota.
       (b) Condition of Conveyance.--The conveyance authorized 
     under subsection (a) shall be subject to the condition that 
     the Authority--
       (1) use the real and personal property and improvements 
     conveyed under that subsection for economic development 
     relating to the jewel bearing plant;
       (2) enter into an agreement with an appropriate public or 
     private entity or person to lease such property and 
     improvements to that entity or person for such economic 
     development; or
       (3) enter into an agreement with an appropriate public or 
     private entity or person to sell such property and 
     improvements to that entity or person for such economic 
     development.
       (c) Preference for Domestic Disposal of Jewel Bearings.--
     (1) In offering to enter into agreements pursuant to any 
     provision of law for the disposal of jewel bearings from the 
     National Defense Stockpile, the President shall give a right 
     of first refusal on all such offers to the Authority or to 
     the appropriate public or private entity or person with which 
     the Authority enters into an agreement under subsection (b).
       (2) For the purposes of this section, the term ``National 
     Defense Stockpile'' means the stockpile provided for in 
     section 4 of the Strategic and Critical Materials Stock 
     Piling Act (50 U.S.C. 98(c)).
       (d) Availability of Funds for Maintenance and Conveyance of 
     Plant.--Notwithstanding any other provision of law, funds 
     available in fiscal year 1995 for the maintenance of the 
     William Langer Jewel Bearing Plant in Public Law 103-335 
     shall be available for the maintenance of that plant in 
     fiscal year 1996, pending conveyance, and for the conveyance 
     of that plant under this section.
       (e) Description of Property.--The exact acreage and legal 
     description of the property conveyed under this section shall 
     be determined by a survey satisfactory to the Administrator. 
     The cost of such survey shall be borne by the Administrator.
       (f) Additional Terms and Conditions.--The Administrator may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Administrator 
     determines appropriate to protect the interests of the United 
     States.
                                 ______


                        NUNN AMENDMENT NO. 2460

  Mr. NUNN proposed an amendment to the bill S. 1026, supra; as 
follows:

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

     SEC. 2838. LAND EXCHANGE, UNITED STATES ARMY RESERVE CENTER, 
                   GAINESVILLE, GEORGIA.

       (a) In General.--The Secretary of the Army may convey to 
     the City of Gainesville, Georgia (in this section referred to 
     as the ``City''), all right, title, and interest of the 
     United States in and to a parcel of real property (together 
     with any improvements thereon) consisting of approximately 
     4.2 acres located on Shallowford Road, in the City of 
     Gainesville, Georgia.
       (b) Consideration.--As consideration for the conveyance 
     authorized by subsection (a), the City shall--
       (1) convey to the United States all right, title, and 
     interest in and to a parcel of real property consisting of 
     approximately 8 acres of land, acceptable to the Secretary, 
     in the Atlas Industrial Park, Gainesville, Georgia;
       (2) design and construct on such real property suitable 
     replacement facilities in accordance with the requirements of 
     the Secretary, for the training activities of the United 
     States Army Reserve;
       (3) fund and perform any environmental and cultural 
     resource studies, analysis, documentation that may be 
     required in connection with the land exchange and 
     construction considered by this section;
       (4) reimburse the Secretary for the costs of relocating the 
     United States Army Reserve units from the real property to be 
     conveyed under subsection (a) to the replacement facilities 
     to be constructed by the City under subsection (b)(2). The 
     Secretary shall deposit such funds in the same account used 
     to pay for the relocation;
       (5) pay to the United States an amount as may be necessary 
     to ensure that the fair market value of the consideration 
     provided by the City under this subsection is not less than 
     fair market value of the parcel of real property conveyed 
     under subsection (a); and
       (6) assume all environmental liability under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9620(h)) for the real property to be 
     conveyed under subsection (b)(1).
       (c) Determination of Fair Market Value.--(1) The 
     determination of the Secretary regarding the fair market 
     value of the real property to be conveyed pursuant to 
     subsection (a), and of any other consideration provided by 
     the City under subsection (b), shall be final.
       (d) Description of Property.--The exact acreage and legal 
     description of the parcels of real property to be conveyed 
     under subsections (a) and (b) shall be determined by surveys 
     satisfactory to the Secretary. The cost of such surveys shall 
     be borne by the City.
       (e) Additional Terms and Conditions.--The Secretary may 
     require any additional terms and conditions in connection 
     with the conveyances under this section that the Secretary 
     considers appropriate to protect the interest of the United 
     States.

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