[Congressional Record Volume 142, Number 91 (Wednesday, June 19, 1996)]
[Senate]
[Pages S6533-S6541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

                                 ______


                       INOUYE AMENDMENT NO. 4050

  Mr. INOUYE proposed an amendment to the bill (S. 1745) to authorize 
appropriations for fiscal year 1997 for military activities for 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:

       At the appropriate place, insert:

     SECTION 1. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE CORPS.

       (a) Chief of Army Nurse Corps.--Subsection (b) of section 
     3069 of title 10, United States Code, is amended--
       (1) in the first sentence, by striking out ``major'' and 
     inserting in lieu thereof ``lieutenant colonel'';
       (2) by inserting after the first sentence the following: 
     ``An appointee who holds a lower regular grade shall be 
     appointed in the regular grade of brigadier general.''; and
       (3) in the last sentence, by inserting ``to the same 
     position'' before the period at the end.
       (b) Assistant Chief.--Subsection (c) of such section is 
     amended by striking out ``major'' in the first sentence and 
     inserting in lieu thereof ``lieutenant colonel''.
       (c) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 3069. Army Nurse Corps: composition; Chief and 
       assistant chief; appointment; grade

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 307 of title 10, United 
     States Code, is amended to read as follows:

``3069. Army Nurse Corps: composition; Chief and assistant chief; 
              appointment; grade.''.

     SEC. 2. CHIEF AND ASSISTANT CHIEF OF AIR FORCE NURSE CORPS.

       (a) Positions and Appointment.--Chapter 807 of title 10, 
     United States Code, is amended by inserting after section 
     8067 the following:

     ``Sec. 3069. Air Force nurses: Chief and assistant chief; 
       appointment; grade

       ``(a) Positions of Chief and Assistant Chief.--There are a 
     Chief and assistant chief of the Air Force Nurse Corps.
       ``(b) Chief.--The Secretary of the Air Force shall appoint 
     the Chief from the officers of the Regular Air Force 
     designated as Air Force nurses whose regular grade is above 
     lieutenant colonel and who are recommended by the Surgeon 
     General. An appointee who holds a lower regular grade shall 
     be appointed in the regular grade of brigadier general. The 
     Chief serves during the pleasure of the Secretary, but not 
     for more than three years, and may not be reappointed to the 
     same position.
       ``(c) Assistant Chief.--The Surgeon General shall appoint 
     the assistant chief from the officers of the Regular Air 
     Force designated as Air Force nurses whose regular grade is 
     above lieutenant colonel.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after 
     section 8067 the following:

``3069. Air Force Nurse Corps: Chief and assistant chief; appointment; 
              grade.''.
                                 ______


                      GRASSLEY AMENDMENT NO. 4051

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
the bill, S. 1745, supra; as follows:

       Insert page 108, at the end of line 5, a new Section 368:

     SEC. 368. TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW 
                   ENFORCEMENT ACTIVITIES.

       (a) Transfer Authority.--(1) Chapter 153 of title 10, 
     United States Code, is amended by inserting after section 
     2576 the following new section:

     ``Sec. 2576a. Excess personal property: sale or donation for 
       law enforcement activities

       ``(a) Transfer Authorized.--(1) Notwithstanding any other 
     provision of law and subject to subsection (b), the Secretary 
     of Defense may transfer to Federal and State

[[Page S6534]]

     agencies personal property of the Department of Defense, 
     including small arms and ammunition, that the Secretary 
     determines is--
       ``(A) suitable for use by the agencies in law enforcement 
     activities, including counter-drug activities; and
       ``(B) excess to the needs of the Department of Defense.
       ``(2) The Secretary shall carry out this section in 
     consultation with the Attorney General and the Director of 
     National Drug Control Policy.
       ``(b) Conditions for Transfer.--The Secretary may transfer 
     personal property under this section only if--
       ``(1) the property is drawn from existing stocks of the 
     Department of Defense; and
       ``(2) the transfer is made without the expenditure of any 
     funds available to the Department of Defense for the 
     procurement of defense equipment.
       ``(c) Consideration.--Personal property may be transferred 
     under this section without cost to the recipient agency.
       ``(d) Preference for Certain Transfers.--In considering 
     applications for the transfer of personal property under this 
     section, the Secretary shall give a preference to those 
     applications indicating that the transferred property will be 
     used in the counter-drug activities of the recipient 
     agency.''
       (2) The table of sections at the beginning of such chapters 
     is amended by inserting after the item relating to section 
     2576 the following new item:

``2576a. Excess personal property: sale or donation for law enforcement 
              activities.''

       (b) Conforming Amendments.--(1) Section 1208 of the 
     National Defense Authorization Act for Fiscal Years 1990 and 
     1991 (Public Law 101-189; 10 U.S.C. 372 note) is repealed.
       (2) Section 1005 of the National Defense Authorization Act 
     for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1630) is 
     amended by striking out ``section 1208 of the National 
     Defense Authorization Act for Fiscal Years 1990 and 1991 (10 
     U.S.C. 372 note) and section 372'' and inserting in lieu 
     thereof ``sections 372 and 2576a''.
                                 ______


                 GRAMS (AND OTHERS) AMENDMENT NO. 4052

  Mr. GRAMS (for himself, Mr. Robb, and Mr. Leahy) proposed an 
amendment to the bill, S. 1745, surpa; as follows:

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

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--The Senate makes the following findings:
       (1) In 1791, President George Washington commissioned 
     Pierre Charles L`Enfant to draft a blueprint for America's 
     new capital city; they envisioned Pennsylvania Avenue as a 
     bold, ceremonial boulevard physically linking the U.S. 
     Capitol building and the White House, and symbolically the 
     Legislative and Executive branches of government.
       (2) An integral element of the District of Columbia, 
     Pennsylvania Avenue stood for 195 years as a vital, working, 
     unbroken roadway, elevating it into a place of national 
     importance as ``America's Main Street''.
       (3) 1600 Pennsylvania Avenue, the White House, has become 
     America's most recognized address and a primary destination 
     of visitors to the Nation's Capital; ``the People's House'' 
     is host to 5,000 tourists daily, and 15,000,000 annually.
       (4) As home to the President, and given its prominent 
     location on Pennsylvania Avenue and its proximity to the 
     People, the White House has become a powerful symbol of 
     freedom, openness, and an individual's access to their 
     government.
       (5) On May 20, 1995, citing possible security risks from 
     vehicles transporting terrorist bombs, President Clinton 
     ordered the Secret Service, in conjunction with the 
     Department of the Treasury, to close Pennsylvania Avenue to 
     vehicular traffic for two blocks in front of the White House.
       (6) While the security of the President and visitors to the 
     White House is of grave concern and is not to be taken 
     lightly, the need to assure the President's safety must be 
     balanced with the expectation of freedom inherent in a 
     democracy; the present situation is tilted too heavily toward 
     security at freedom's expense.
       (7) By impeding access and imposing undue hardships upon 
     tourists, residents of the District, commuters, and local 
     business owners and their customers, the closure of 
     Pennsylvania Avenue, undertaken without the counsel of the 
     government of the District of Columbia, has replaced the 
     former openness of the area surrounding the White House with 
     barricades, additional security checkpoints, and an 
     atmosphere of fear and distrust.
       (8) In the year following the closure of Pennsylvania 
     Avenue, the taxpayers have borne a significant burden for 
     additional security measures along the Avenue near the White 
     House.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should direct the Department of the 
     Treasury and the Secret Service to work with the Government 
     of the District of Columbia to develop a plan for the 
     permanent reopening to vehicular traffic of Pennsylvania 
     Avenue in front of the White House in order to restore the 
     Avenue to its original state and return it to the people.
                                 ______


               FORD (AND BROWN) AMENDMENTS NOS. 4053-4054

  (Ordered to lie on the table.)
  Mr. FORD (for himself and Mr. Brown) submitted two amendments 
intended to be proposed by them to the bill, S. 1745, supra; as 
follows:

                           Amendment No. 4053

       At the end of subtitle B of title I, add the following:

     SEC. 113. DEMILITARIZATION OF ASSEMBLED CHEMICAL MUNITIONS.

       (a) Pilot Program.--(1) The Secretary of Energy and the 
     Secretary of Defense shall jointly conduct a pilot program to 
     identify and demonstrate technologies for demilitarization of 
     assembled chemical munitions that are feasible alternatives 
     to incineration of such munitions.
       (2) For the purpose of paragraph (1), the term ``assembled 
     chemical munition'' means an entire chemical munition, 
     including component parts, chemical agent, propellant, and 
     explosive.
       (b) Program Requirements.--(1) The Secretary of Energy 
     shall enter into a contract for carrying out the pilot 
     program.
       (2) The contract shall provide for--
       (A) the United States and the contractor to share the costs 
     of the contractor's activities under the pilot program 
     equally when the Secretary of Energy determines that such a 
     cost sharing arrangement is feasible; and
       (B) subject to paragraph (3), the contractor to be liable 
     for any claim under the pilot program only with respect to 
     activities performed by or under the exclusive control of the 
     contractor.
       (3) The aggregate amount of the liability of the contractor 
     under paragraph (2)(B) may not exceed $50,000,000. The United 
     States shall be liable for and indemnify the contractor for 
     any liability of the contractor under the pilot program in 
     excess of such amount.
       (4) The pilot program shall terminate not later than 
     September 30, 1999.
       (c) Evaluation and Report.--Not later than December 31, 
     1999, the Secretary of Energy and the Secretary of Defense 
     shall jointly--
       (1) evaluate each alternative technology identified and 
     demonstrated feasible under the pilot program; and
       (2) submit to Congress a report containing the evaluation.
       (d) Limitations on Contracting for Baseline Incineration.--
     (1) Notwithstanding any other provision of law, the Secretary 
     of Defense shall not enter into any contract for the purchase 
     of long lead materials for the construction of any 
     incinerator in the State of Kentucky for the incineration of 
     chemical munitions known as ``baseline incineration'' 
     before--
       (A) the expiration of 60 days of continuous session of 
     Congress after the date on which the report required under 
     subsection (c) is received by Congress; and
       (B) the transfer required by subsection (e)(2) has been 
     completed.
       (2) For the purposes of paragraph (1)(A)--
       (A) continuity of session is broken only by an adjournment 
     of Congress sine die; and
       (B) the days on which either House is not in session 
     because of an adjournment of more than three days to a day 
     certain are excluded in the computation of any period of time 
     in which Congress is in continuous session.
       (e) Funding, Transfer, and Additional Limitation.--(1)(A) 
     Of the amount authorized to be appropriated under section 
     107, $60,000,000 shall be available for the pilot program 
     under this section.
       (B) The funds made available under subparagraph (A) may not 
     be derived from funds to be made available under the chemical 
     demilitarization program for the alternative technologies 
     research and development program at bulk sites.
       (2) Funds made available for the pilot program pursuant to 
     paragraph (1) shall be transferred to the Secretary of Energy 
     for use for the pilot program.
       (3) No funds authorized to be appropriated by section 107 
     may be obligated until the transfer required by paragraph (2) 
     has been made. The limitation in the preceding sentence is in 
     addition to the limitation in subsection (d)(1)(B).
                                                                    ____


                           Amendment No. 4054

       At the end of subtitle B of title I, add the following:

     SEC. 113. DEMILITARIZATION OF ASSEMBLED CHEMICAL MUNITIONS.

       (a) Pilot Program.--The Secretary of Defense shall conduct 
     a pilot program to identify and demonstrate feasible 
     alternatives to incineration for the demilitarization of 
     assembled chemical munitions.
       (b) Program Requirements.--The Secretary of Defense shall 
     designate an executive agent to carry out the pilot program 
     required to be conducted under subsection (a).
       (2) The executive agent shall--
       (A) be an officer or executive of the United States 
     Government;
       (B) be accountable to the Secretary of Defense; and
       (C) not be, or have been, in direct or immediate control of 
     the chemical weapon stockpile demilitarization program 
     established by 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521) or the alternative 
     disposal process program carried out under sections 174 and 
     175 of the National Defense Authorization Act for Fiscal Year 
     1993 (Public Law 102-484; 50 U.S.C. 1521 note).

[[Page S6535]]

       (3) The executive agent may--
       (A) carry out the pilot program directly;
       (B) enter into a contract with a private entity to carry 
     out the pilot program; or
       (C) transfer funds to another department or agency of the 
     Federal Government in order to provide for such department or 
     agency to carry out the pilot program.
       (4) A department or agency that carries out the pilot 
     program under paragraph (3)(C) may not, for purposes of the 
     pilot program, contract with or competitively select the 
     organization within the Army that exercises direct or 
     immediate management control over either program referred to 
     in paragraph (2)(C).
       (5) The pilot program shall terminate not later than 
     September 30, 2000.
       (c) Annual Report.--Not later than December 15 of each year 
     in which the Secretary carries out the pilot program, the 
     Secretary shall submit to Congress a report on the activities 
     under the pilot program during the preceding fiscal year.
       (d) Evaluation and Report.--Not later than December 31, 
     2000, the Secretary of Defense shall--
       (1) evaluate each demilitarization alternative identified 
     and demonstrated under the pilot program to determine whether 
     that alternative--
       (A) is a safe and cost efficient as incineration for 
     disposing of assembled chemical munitions; and
       (B) meets the requirements of section 1412 of the 
     Department of Defense Authorization Act, 1986; and
       (2) submit to Congress a report containing the evaluation.
       (e) Limitation on Long Lead Contracting.--Notwithstanding 
     any other provision of law, the Secretary may not enter into 
     any contract for the purchase of long lead materials for the 
     construction of an incinerator at any site in Kentucky or 
     Colorado until the executive agent designated for the pilot 
     program submits an application for such permits as are 
     necessary under the law of the State of Kentucky and Colorado 
     for the construction at that site of a plant for 
     demilitarization of assembled chemical munitions by means of 
     an alternative to incineration.
       (f) Assembled Chemical Munition Defined.--For the purpose 
     of this section, the term ``assembled chemical munition'' 
     means an entire chemical munition, including components 
     parts, chemical agent, propellant, and explosive.
       (g) Funding.--(1) Of the amount authorized to be 
     appropriated under section 107, $60,000,000 shall be 
     available for the pilot program under this section.
       (2) Funds made available for the pilot program pursuant to 
     paragraph (1) shall be made available to the executive agent 
     for use for the pilot program.
       (3) No funds authorized to be appropriated by section 107 
     may be obligated until funds are made available to the 
     executive agent under paragraph (2).
                                 ______

      KERRY (AND OTHERS) AMENDMENT NO. 4055
  Mr. KERRY (for himself, Mr. McCain, Mr. Kerrey, Mr. Smith, Mr. 
Pressler, Mr. Robb, Mr. Daschle, Mr. Leahy, and Mr. Moynihan) proposed 
an amendment to the bill, S. 1745, supra; as follows:

       At the end of subtitle E of title VI add the following:

     SEC. 643. PAYMENT TO VIETNAMESE COMMANDOS CAPTURED AND 
                   INTERNED BY NORTH VIETNAM.

       (a) Payment Authorized.--(1) The Secretary of Defense shall 
     make a payment to any person who demonstrates that he or she 
     was captured and incarcerated by the Democratic Republic of 
     Vietnam after having entered into the territory of the 
     Democratic Republic of Vietnam pursuant to operations 
     conduction under OPLAN 34A or its predecessor.
       (2) No payment may be made under this Section to any 
     individual who the Secretary of Defense determines, based on 
     the available evidence, served in the Peoples Army of Vietnam 
     or who provided active assistance to the Government of the 
     Democratic Republic of Vietnam during the period 1958 through 
     1975.
       (3) In the case of a decedent who would have been eligible 
     for a payment under this section if the decedent had lived, 
     the payment shall be made to survivors of the decedent in the 
     order in which the survivors are listed, as follows:
       (A) To the surviving spouse.
       (B) If there is no surviving spouse, to the surviving 
     children (including natural children and adopted children) of 
     the decedent, in equal shares.
       (b) Amount Payable.--The amount payable to or with respect 
     to a person under the section is $40,000.
       (c) Time Limitations.--(1) In order to be eligible for 
     payment under this section, the claimant must file his or her 
     claim with the Secretary of Defense within 18 months of the 
     effective date of the regulations implementing this Section.
       (2) Not later than 18 months after the Secretary receives a 
     claim for payment under this section--
       (A) the claimant's eligibility for payment of the claim 
     under subsection (a) shall be determined; and
       (B) if the claimant is determined eligible, the claim shall 
     be paid.
       (d) Determination and Payment of Claims.--(1) Submission 
     and Determination of Claims. The Secretary of Defense shall 
     establish by regulation procedures whereby individuals may 
     submit claims for payment under this Section. Such 
     regulations shall be issued within 6 months of the date of 
     enactment of this Act.
       (2) Payment of claims.--The Secretary of Defense, in 
     consultation with the other affected agencies, may establish 
     guidelines for determining what constitutes adequate 
     documentation that an individual was captured and 
     incarcerated by the Democratic Republic of Vietnam after 
     having entered the territory of the Democratic Republic of 
     Vietnam pursuant to operations conducted under OPLAN 34A or 
     its predecessor.
       (e) Authorization of Appropriations.--Of the total amount 
     authorized to be appropriated under section 301, $20,000,000 
     is available for payment under this section. Notwithstanding 
     Sec. 301, that amount is authorized to be appropriated so as 
     to remain available until expended.
       (f) Payment in Full Satisfaction of Claims Against the 
     United States.--The acceptance of payment by an individual 
     under this section shall be in full satisfaction of all 
     claims by or on behalf of that individual against the United 
     States arising from operations under OPLAN 34A or its 
     predecessor.
       (g) Attorney Fees.--Notwithstanding any contract, the 
     representative of an individual may not receive, for services 
     rendered in connection with the claim of an individual under 
     this Section, more than ten percent of a payment made under 
     this Section on such claim.
       (h) No Right to Judicial Review.--All determinations by the 
     Secretary of Defense pursuant to this Section are final and 
     conclusive, notwithstanding any other provision of law. 
     Claimants under this program have no right to judicial 
     review, and such review is specifically precluded.
       (I) Reports.--(1) No later than 24 months after the 
     enactment of this Act, the Secretary of Defense shall submit 
     a report to the Congress on the payment of claims pursuant to 
     this section.
       (2) No later than 42 months after the enactment of this 
     Act, the Secretary of Defense shall submit a final report to 
     the Congress on the payment of claims pursuant to this 
     section.
                                 ______


                        REID AMENDMENT NO. 4056

  Mr. REID proposed an amendment to amendment No. 4052 proposed by Mr. 
Grams to the bill, S. 1745, supra; as follows:

       At the end of the amendment add the following: ``provided 
     that the Secretary of the Treasury and the Secret Service 
     certify that the plan protects the security of the people who 
     live and work in the White House.''
                                 ______


                 CRAIG (AND OTHERS) AMENDMENT NO. 4057

  Mr. CRAIG for himself, Mr. Bingaman, Mr. Kempthorne, Mr. Baucus, Mr. 
Burns, Mr. Dorgan, Mrs. Feinstein, Mr. Hatch, Mr. Levin, Ms. Snowe, Mr. 
Murkowski, Mrs. Boxer, Mr. Helms, and Mr. Cohen) proposed an amendment 
to the bill, S. 1745, supra; as follows:

       At the end of subtitle F of title X, add the following:

     SEC.   . SENSE OF SENATE REGARDING THE UNITED STATES-JAPAN 
                   SEMICONDUCTOR TRADE AGREEMENT.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States and Japan share a long and important 
     bilateral relationship which serves as an anchor of peace and 
     stability in the Asia Pacific region, an alliance which was 
     reaffirmed at the recent summit meeting between President 
     Clinton and Prime Minister Hashimoto in Tokyo.
       (2) The Japanese economy has experienced difficulty over 
     the past few years, demonstrating that it is no longer 
     possible for Japan, the world's second largest economy, to 
     use exports as the sole-engine of economic growth, but that 
     the Government of Japan must promote deregulation of its 
     domestic economy in order to increase economic growth.
       (3) Deregulation of the Japanese economy requires 
     government attention to the removal of barriers to imports of 
     manufactured goods.
       (4) The United States-Japan Semiconductor Trade Agreement 
     has begun the process of deregulation in the semiconductor 
     sector and is opening the Japanese market to competitive 
     foreign products.
       (5) The United States-Japan Semiconductor Trade Agreement 
     has put in place both government-to-government and industry-
     to-industry mechanisms which have played a vital role in 
     allowing cooperation to replace conflict in this important 
     high technology sector.
       (6) The mechanisms include joint calculation of foreign 
     market share, deterrence of dumping, and promotion of 
     industrial cooperation in the design of foreign semiconductor 
     devices.
       (7) Because of these actions under the United States-Japan 
     Semiconductor Trade Agreement, the United States and Japan 
     today enjoy trade in semiconductors which is mutually 
     beneficial, harmonious, and free from the friction that once 
     characterized the semiconductor industry.
       (8) Because of structural barriers in Japan, a gap still 
     remains between the share of the

[[Page S6536]]

     world market for semiconductor products outside Japan that 
     the United States and other foreign semiconductor sources are 
     able to capture through competitiveness and the share of the 
     Japanese semiconductor market that the United States and 
     those other courses are able to capture through 
     competitiveness, and that gap is consistent with the full 
     range of semiconductor products as well as a full range of 
     end-use applications.
       (9) The competitiveness and health of the United States 
     semiconductor industry is of critical importance to the 
     overall economic well-being and high technology defense 
     capabilities of the United States.
       (10) The economic interests of both the United States and 
     Japan are best served by well functioning, open markets, 
     deterrence of dumping, and continuing good cooperative 
     relationships in all sectors, including semiconductors.
       (11) A strong and healthy military and political alliance 
     between the United States and Japan requires continuation of 
     the industrial and economic cooperation promoted by the 
     United States-Japan Semiconductor Trade Agreement.
       (12) President Clinton has called on the Government of 
     Japan to agree to a continuation of a United States-Japan 
     Semiconductor Trade Agreement beyond the current agreement's 
     expiration on July 31, 1996.
       (13) The Government of Japan has opposed any continuation 
     of a government-to-government agreement to promote 
     cooperation in United States-Japan semiconductor trade.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) it is regrettable that the Government of Japan has 
     refused to consider continuation of a government-to-
     government agreement to ensure that cooperation continues in 
     the semiconductor sector beyond the expiration of the 
     Semiconductor Trade Agreement on July 31, 1996; and
       (2) the President should take all necessary and appropriate 
     actions to ensure the continuation of a government-to-
     government United States-Japan Semiconductor Trade Agreement 
     before the current agreement expires on that date.
       (c) Definition.--As used in this section, the term ``United 
     States-Japan Semiconductor Trade Agreement'' refers to the 
     agreement between the United States and Japan concerning 
     trade in semiconductor products, with arrangement, done by 
     exchange of letters at Washington on June 11, 1991.
                                 ______


               BINGAMAN (AND BUMPERS) AMENDMENT NO. 4058

  Mr. BINGAMAN (for himself and Mr. Bumpers) proposed an amendment to 
the bill, S. 1745, supra; as follows:

       Beginning on page 32, strike out line 22 and all that 
     follows through page 33, line 21, and insert in lieu thereof 
     the following:

     SEC. 212. SPACE CONTROL ARCHITECTURE STUDY.

       (A) Required Consideration of Kinetic Energy Tactical 
     Antisatellite Program.--The Department of Defense Space 
     Architect shall evaluate the potential cost and effectiveness 
     of the inclusion of the kinetic energy tactical antisatellite 
     program of the Department of Defense as a specific element of 
     the space control architecture which the Space Architect is 
     developing for the Secretary of Defense.
       (b) Congressional Notification of any Determination of 
     Inappropriateness of Program for Architecture.--(1) If at any 
     point in the development of the space control architecture 
     the Space Architect determines that the kinetic energy 
     tactical antisatellite program is not appropriate for 
     incorporation into the space control architecture under 
     development, the Space Architect shall immediately notify the 
     congressional defense committees of such determination.
       (2) Within 60 days after submitting a notification of a 
     determination under paragraph (1), the Space Architect shall 
     submit to the congressional defense committees a detailed 
     report setting forth the specific reasons for, and analytical 
     findings supporting, the determination.
       (c) Report on Approved Architecture.--Not later than March 
     31, 1997, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the space 
     control architecture approved by the Secretary. The report 
     shall include the following:
       (1) An assessment of the potential threats posed to 
     deployed United States military forces by the proliferation 
     of foreign military and commercial space assets.
       (2) The Secretary's recommendations for development and 
     deployment of space control capabilities to counter such 
     threats.
       (d) Funding.--(1) The Secretary of Defense shall release to 
     the kinetic energy tactical antisatellite program manager the 
     funds appropriated in fiscal year 1996 for the kinetic energy 
     tactical antisatellite program. The Secretary may withdraw 
     obligated balances of such funds from the program manager 
     only if--
       (A) the Space Architect makes a determination described in 
     subsection (b)
       (B) a report submitted by the Secretary pursuant to 
     subsection (c) includes a recommendation not to pursue such a 
     program.
       (2) Not later than April 1, 1997, the Secretary of Defense 
     shall release to the Kinetic energy tactical antisatellite 
     program manager any funds appropriated for fiscal year 1997 
     for a kinetic energy tactical antisatellite program pursuant 
     to section 221(a) unless--
       (A) the Space Architect has by such date submitted a 
     notification pursuant to subsection (b); or
       (B) a report submitted by the Secretary pursuant to 
     subsection (c) includes a recommendation not to pursue such a 
     program.
       Beginning on page 42, strike out line 15 and all that 
     follows through page 43 line.
                                 ______


                 MURRAY (AND OTHERS) AMENDMENT NO. 4059

  Mrs. MURRAY (for herself, Ms. Snowe, Mr. Kennedy, Mr. Robb, Mr. 
Lautenberg, Mr. Simon, Mr. Bingaman, Mr. Inouye, Ms. Mikulski, and Ms. 
Moseley-Braun) proposed an amendment to the bill, S. 1745, supra; as 
follows:

       At the end of title VII add the following:

     SEC. 708. RESTORATION OF PREVIOUS POLICY REGARDING 
                   RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE 
                   MEDICAL FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking out subsection (b); and
       (2) in subsection (a), by striking out ``(a) Restriction on 
     Use of Funds.--''.
                                 ______


               McCAIN (AND MR. GLENN) AMENDMENT NO. 4060.

  Mr. McCAIN (for himself and Mr. Glenn) proposed an amendment to the 
bill, S. 1745, supra; as follows:

       At the end of title XXVII, add the following:

     SEC. 2706. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR 
                   CERTAIN MILITARY CONSTRUCTION PROJECTS NOT 
                   REQUESTED BY THE ADMINISTRATION.

       Notwithstanding any other provision of this division, the 
     total amount authorized to be appropriated by this division 
     is hereby decreased by $598,764,000.
                                 ______


                SIMPSON (AND THOMAS) AMENDMENT NO. 4061

  Mr. SIMPSON (for himself and Mr. Thomas) proposed an amendment to the 
bill, S. 1745, supra; as follows:

       In section 2601(1)(A), strike out ``$79,628,000'' and 
     insert in lieu thereof ``$83,728,000''.
                                 ______


                  REID (AND BRYAN) AMENDMENT NO. 4062

  Mr. REID (for himself and Mr. Bryan) proposed an amendment to the 
bill, S. 1745, supra; as follows:

       In the table in section 2201(a), in the amount column for 
     the item relating to Fallon Naval Air Station, Nevada, strike 
     out ``$14,800,000'' and insert in lieu thereof 
     ``$20,600,000''.
       Strike out the amount set forth as the total amount at the 
     end of the table in section 2201(a) and insert in lieu 
     thereof ``$512,852,000''.
       In section 2205(a), in the matter preceding paragraph (1), 
     strike out ``$2,040,093,000'' and insert in lieu thereof 
     ``$2,045,893,000''.
       In section 2205(a)(1), strike out ``$507,052,000'' and 
     insert in lieu therof ``$512,852,000''.
       In the table in section 2401(a), strike out the item 
     relating to the National Security Agency, Fort Meade, 
     Maryland.
       Strike out the amount set forth as the total amount at the 
     end of the table in section 2401(a) and insert in lieu 
     thereof ``$502,390,000''.
       In section 2406(a), in the matter preceding paragraph (1), 
     strike out ``$3,421,366,000'' and insert in lieu thereof 
     ``$3,396,166,000''.
       In section 2406(a)(1), strike out ``$364,487,000'' and 
     insert in lieu thereof ``$339,287,000''.
       In section 2601(3)(A), strike out ``$208,484,000'' and 
     insert in lieu thereof ``$209,884,000''.
                                 ______


                        COHEN AMENDMENT NO. 4063

  Mr. KEMPTHORNE (for Mr. Cohen) proposed an amendment to the bill, S. 
1745, supra; as follows:

       At the end of subtitle B of title II add the following:

     SEC. 223. ADVANCED SUBMARINE TECHNOLOGIES.

       (a) Amounts Authorized From Navy RDT&E Account.--Of the 
     amount authorized to be appropriated by section 201(2)--
       (1) $489,443,000 is available for the design of the 
     submarine previously designated by the Navy as the New Attack 
     Submarine; and
       (2) $100,000,000 is available to address the inclusion on 
     future nuclear attack submarines of core advanced 
     technologies, category I advanced technologies, and category 
     II advanced technologies, as such advanced technologies are 
     identified by the Secretary of Defense in Appendix C of the 
     report of the Secretary entitled ``Report on Nuclear Attack 
     Submarine Procurement and Submarine Technology'', submitted 
     to Congress on March 26, 1996.
       (b) Certain Technologies To Be Emphasized.--In using funds 
     made available in accordance with subsection (a)(2), the 
     Secretary of the Navy shall emphasize research,

[[Page S6537]]

     development, test, and evaluation of the technologies 
     identified by the Submarine Technology Assessment Panel (in 
     the final report of the panel to the Assistant Secretary of 
     the Navy for Research, Development, and Acquisition, dated 
     March 15, 1996) as having the highest priority for initial 
     investment.
       (c) Shipyards Involved in Technology Development.--To 
     further implement the recommendations of the Submarine 
     Technology Assessment Panel, the Secretary of the Navy shall 
     ensure that the shipyards involved in the construction of 
     nuclear attack submarines are also principal participants in 
     the process of developing advanced submarine technologies and 
     including the technologies in future submarine designs. The 
     Secretary shall ensure that those shipyards have access for 
     such purpose (under procedures prescribed by the Secretary) 
     to the Navy laboratories and the Office of Naval Intelligence 
     and (in accordance with arrangements to be made by the 
     Secretary) to the Defense Advanced Research Projects Agency.
       (d) Funding for Contracts Under 1996 Agreement Among the 
     Navy and Shipyards.--In addition to the purposes of which the 
     amount authorized to appropriated by section 201(2) are 
     available under paragraphs (1) and (2) of subsection (a), the 
     amounts available under such paragraphs are also available 
     for contracts with Electric Boat Division and Newport News 
     Shipbuilding to carry out the provisions of the ``Memorandum 
     of Agreement Among the Department of the Navy, Electric Boat 
     Corporation (EB), and Newport News Shipbuilding and Drydock 
     Company (NNS) Concerning the New Attack Submarine'', dated 
     April 5, 1996, for research and development activities under 
     that memorandum of agreement.
                                 ______


                        BYRD AMENDMENT NO. 4064

  Mr. NUNN (for Mr. Byrd) proposed an amendment to the bill, S. 1745, 
supra; as follows:

       At the end of subtitle E of title X add the following:

     SEC. 1054. ANNUAL REPORT OF RESERVE FORCES POLICY BOARD.

       Section 113(c) of title 10, United States Code, is 
     amended--
       (1) by striking out paragraph (3);
       (2) by redesignating paragraphs (1), (2), and (4) as 
     subparagraphs (A), (B), and (C), respectively;
       (3) by inserting ``(1)'' after ``(e)'';
       (4) by inserting ``and'' at the end of subparagraph (B), as 
     redesignated by paragraph (2); and
       (5) by adding at the end the following:
       ``(2) At the same time that the Secretary submits the 
     annual report under paragraph (1), the Secretary shall 
     transmit to the President and Congress a separate report from 
     the Reserve Forces Policy Board on the reserve programs of 
     the Department of Defense and on any other matters that the 
     Reserve Forces Policy Board considers appropriate to include 
     in the report.''.
                                 ______


                 GORTON (AND OTHERS) AMENDMENT NO. 4065

  Mr. KEMPTHORNE (for Mr. Gorton, for himself, Mr. Cohen, and Mr. 
Glenn) proposed an amendment to the bill, S. 1745, supra; as follows:

       After the heading for title VII insert the following:
                          Subtitle A--General
       Strike out section 704.
       Redesignate section 705 as section 704.
       Redesignate section 706 as section 705.
       Redesignate section 707 as section 706.
       At the end of title VII add the following:
          Subtitle B--Uniformed Services Treatment Facilities

     SEC. 721. DEFINITIONS.

       In this subtitle:
       (1) The term ``administering Secretaries'' means the 
     Secretary of Defense, the Secretary of Transportation, and 
     the Secretary of Health and Human Services.
       (2) The term ``agreement'' means the agreement required 
     under section 722(b) between the Secretary of Defense and a 
     designated provider.
       (3) The term ``capitation payment'' means an actuarially 
     sound payment for a defined set of health care services that 
     is established on a per enrollee per month basis.
       (4) The term ``covered beneficiary'' means a beneficiary 
     under chapter 55 of title 10, United States Code, other than 
     a beneficiary under section 1074(a) of such title.
       (5) The term ``designated provider'' means a public or 
     nonprofit private entity that was a transferee of a Public 
     Health Service hospital or other station under section 987 of 
     the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-
     35; 95 Stat. 603) and that, before the date of the enactment 
     of this Act, was deemed to be a facility of the uniformed 
     services for the purposes of chapter 55 of title 10, United 
     States Code. The term includes any legal successor in 
     interest of the transferee.
       (6) The term ``enrollee'' means a covered beneficiary who 
     enrolls with a designated provider.
       (7) The term ``health care services'' means the health care 
     services provided under the health plan known as the TRICARE 
     PRIME option under the TRICARE program.
       (8) The term ``Secretary'' means the Secretary of Defense.
       (9) The term ``TRICARE program'' means the managed health 
     care program that is established by the Secretary of Defense 
     under the authority of chapter 55 of title 10, United States 
     Code, principally section 1097 of such title, and includes 
     the competitive selection of contractors to financially 
     underwrite the delivery of health care services under the 
     Civilian Health and Medical Program of the Uniformed 
     Services.

     SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED 
                   SERVICES HEALTH CARE DELIVERY SYSTEM.

       (a) Inclusion in System.--The health care delivery system 
     of the uniformed services shall include the designated 
     providers.
       (b) Agreements to Provide Managed Health Care Services.--
     (1) After consultation with the other administering 
     Secretaries, the Secretary of Defense shall negotiate and 
     enter into an agreement with each designated provider, under 
     which the designated provider will provide managed health 
     care services to covered beneficiaries who enroll with the 
     designated provider.
       (2) The agreement shall be entered into on a sole source 
     basis. The Federal Acquisition Regulation, except for those 
     requirements regarding competition, issued pursuant to 
     section 25(c) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 421(c)) shall apply to the agreements as 
     acquisitions of commercial items.
       (3) The implementation of an agreement is subject to 
     availability of funds for such purpose.
       (c) Effective Date of Agreements.--(1) Unless an earlier 
     effective date is agreed upon by the Secretary and the 
     designated provider, the agreement shall take effect upon the 
     later of the following:
       (A) The date on which a managed care support contract under 
     the TRICARE program is implemented in the service area of the 
     designated provider.
       (B) October 1, 1997.
       (2) Notwithstanding paragraph (1), the designated provider 
     whose service area includes Seattle, Washington, shall 
     implement its agreement as soon as the agreement permits.
       (d) Temporary Continuation of Existing Participation 
     Agreements.--The Secretary shall extend the participation 
     agreement of a designated provider in effect immediately 
     before the date of the enactment of this Act under section 
     718(c) of the National Defense Authorization Act for Fiscal 
     Year 1991 (Public Law 101-510; 104 Stat. 1587) until the 
     agreement required by this section takes effect under 
     subsection (c).
       (e) Service Area.--The Secretary may not reduce the size of 
     the service area of a designated provider below the size of 
     the service area in effect as of September 30, 1996.
       (f) Compliance With Administrative Requirements.--(1) 
     Unless otherwise agreed upon by the Secretary and a 
     designated provider, the designated provider shall comply 
     with necessary and appropriate administrative requirements 
     established by the Secretary for other providers of health 
     care services and requirements established by the Secretary 
     of Health and Human Services for risk-sharing contractors 
     under section 1876 of the Social Security Act (42 U.S.C. 
     1395mm). The Secretary and the designated provider shall 
     determine and apply only such administrative requirements as 
     are minimally necessary and appropriate. A designated 
     provider shall not be required to comply with a law or 
     regulation of a State government requiring licensure as a 
     health insurer or health maintenance organization.
       (2) A designated provider may not contract out more than 
     five percent of its primary care enrollment without the 
     approval of the Secretary, except in the case of primary care 
     contracts between a designated provider and a primary care 
     contractor in force on the date of the enactment of this Act.

     SEC. 723. PROVISION OF UNIFORM BENEFIT BY DESIGNATED 
                   PROVIDERS.

       (a) Uniform Benefit Required.--A designated provider shall 
     offer to enrollees the health benefit option prescribed and 
     implemented by the Secretary under section 731 of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160; 10 U.S.C. 1073 note), including 
     accompanying cost-sharing requirements.
       (b) Time for Implementation of Benefit.--A designated 
     provider shall offer the health benefit option described in 
     subsection (a) to enrollees upon the later of the following:
       (1) The date on which health care services within the 
     health care delivery system of the uniformed services are 
     rendered through the TRICARE program in the region in which 
     the designated provider operates.
       (2) October 1, 1996.
       (c) Adjustments.--The Secretary may establish a later date 
     under subsection (b)(2) or prescribe reduced cost-sharing 
     requirements for enrollees.

     SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.

       (a) Fiscal Year 1997 Limitation.--(1) During fiscal year 
     1997, the number of covered beneficiaries who are enrolled in 
     managed care plans offered by designated providers may not 
     exceed the number of such enrollees as of October 1, 1995.
       (2) The Secretary may waive the limitation under paragraph 
     (1) if the Secretary determines that additional enrollment 
     authority for a designated provider is required to 
     accommodate covered beneficiaries who are dependents of 
     members of the uniformed services entitled to health care 
     under section 1074(a) of title 10, United States Code.
       (b) Permanent Limitation.--For each fiscal year after 
     fiscal year 1997, the number of

[[Page S6538]]

     enrollees in managed care plans offered by designated 
     providers may not exceed 110 percent of the number of such 
     enrollees as of the first day of the immediately preceding 
     fiscal year. The Secretary may waive this limitation as 
     provided in subsection (a)(2).
       (c) Retention of Current Enrollees.--An enrollee in the 
     managed care program of a designated provider as of September 
     30, 1997, or such earlier date as the designated provider and 
     the Secretary may agree upon, shall continue receiving 
     services from the designated provider pursuant to the 
     agreement entered into under section 722 unless the enrollee 
     disenrolls from the designated provider. Except as provided 
     in subsection (e), the administering Secretaries may not 
     disenroll such an enrollee unless the disenrollment is agreed 
     to by the Secretary and the designated provider.
       (d) Additional Enrollment Authority.--Other covered 
     beneficiaries may also receive health care services from a 
     designated provider, except that the designated provider may 
     market such services to, and enroll, only those covered 
     beneficiaries who--
       (1) do not have other primary health insurance coverage 
     (other than medicare coverage) covering basic primary care 
     and inpatient and outpatient services; or
       (2) are enrolled in the direct care system under the 
     TRICARE program, regardless of whether the covered 
     beneficiaries were users of the health care delivery system 
     of the uniformed services in prior years.
       (e) Special Rule for Medicare-Eligible Beneficiaries.--If a 
     covered beneficiary who desires to enroll in the managed care 
     program of a designated provider is also entitled to hospital 
     insurance benefits under part A of title XVIII of the Social 
     Security Act (42 U.S.C. 1395c et seq.), the covered 
     beneficiary shall elect whether to receive health care 
     services as an enrollee or under part A of title XVIII of the 
     Social Security Act. The Secretary may disenroll an enrollee 
     who subsequently violates the election made under this 
     subsection and receives benefits under part A of title XVIII 
     of the Social Security Act.
       (f) Information Regarding Eligible Covered Beneficiaries.--
     The Secretary shall provide, in a timely manner, a designated 
     provider with an accurate list of covered beneficiaries 
     within the marketing area of the designated provider to whom 
     the designated provider may offer enrollment.

     SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.

       (a) Application of Payment Rules.--Subject to subsection 
     (b), the Secretary shall require a private facility or health 
     care provider that is a health care provider under the 
     Civilian Health and Medical Program of the Uniformed Services 
     to apply the payment rules described in section 1074(c) of 
     title 10, United States Code, in imposing charges for health 
     care that the private facility or provider provides to 
     enrollees of a designated provider.
       (b) Authorized Adjustments.--The payment rules imposed 
     under subsection (a) shall be subject to such modifications 
     as the Secretary considers appropriate. The Secretary may 
     authorize a lower rate than the maximum rate that would 
     otherwise apply under subsection (a) if the lower rate is 
     agreed to by the designated provider and the private facility 
     or health care provider.
       (c) Regulations.--The Secretary shall prescribe regulations 
     to implement this section after consultation with the other 
     administering Secretaries.
       (d) Conforming Amendment.--Section 1074 of title 10, United 
     States Code, is amended by striking out subsection (d).

     SEC. 726. PAYMENTS FOR SERVICES.

       (a) Form of Payment.--Unless otherwise agreed to by the 
     Secretary and a designated provider, the form of payment for 
     services provided by a designated provider shall be full risk 
     capitation. The capitation payments shall be negotiated and 
     agreed upon by the Secretary and the designated provider. In 
     addition to such other factors as the parties may agree to 
     apply, the capitation payments shall be based on the 
     utilization experience of enrollees and competitive market 
     rates for equivalent health care services for a comparable 
     population to such enrollees in the area in which the 
     designated provider is located.
       (b) Limitation on Total Payments.--Total capitation 
     payments to a designated provider shall not exceed an amount 
     equal to the cost that would have been incurred by the 
     Government if the enrollees had received their care through a 
     military treatment facility, the TRICARE program, or the 
     medicare program, as the case may be.
       (c) Establishment of Payment Rates on Annual Basis.--The 
     Secretary and a designated provider shall establish 
     capitation payments on an annual basis, subject to periodic 
     review for actuarial soundness and to adjustment for any 
     adverse or favorable selection reasonably anticipated to 
     result from the design of the program.
       (d) Alternative Basis for Calculating Payments.--After 
     September 30, 1999, the Secretary and a designated provider 
     may mutually agree upon a new basis for calculating 
     capitation payments.

     SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.

       (a) Repeals.--The following provisions of law are repealed:
       (1) Section 911 of the Military Construction Authorization 
     Act, 1982 (42 U.S.C. 248c).
       (2) Section 1252 of the Department of Defense Authorization 
     Act, 1984 (42 U.S.C. 248d).
       (3) Section 718(c) of the National Defense Authorization 
     Act for Fiscal year 1991 (Public Law 101-510; 42 U.S.C. 248c 
     note).
       (4) Section 726 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 248c 
     note).
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1997.
                                 ______


                      SARBANES AMENDMENT NO. 4066

  Mr. NUNN (for Mr. Sarbanes) proposed an amendment to the bill, S. 
1745, supra; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. 1072. FOOD DONATION PILOT PROGRAM AT THE SERVICE 
                   ACADEMIES.

       (a) Program Authorized.--The Secretaries of the military 
     departments and the Secretary of Transportation may each 
     carry out a food donation pilot program at the service 
     academy under the jurisdiction of the Secretary.
       (b) Donations and Collections of Food and Grocery 
     Products.--Under the pilot program, the Secretary concerned 
     may donate to, and permit others to collect for, a nonprofit 
     organization any food or grocery product that--
       (1) is--
       (A) an apparently wholesome food;
       (B) an apparently fit grocery product; or
       (C) a food or grocery product that is donated in accordance 
     with section 402(e) of the National and Community Service Act 
     of 1990 (42 U.S.C. 12672(e));
       (2) is owned by the United States;
       (3) is located at a service academy under the jurisdiction 
     of the Secretary; and
       (4) is excess to the requirements of the academy.
       (c) Program Commencement.--The Secretary concerned shall 
     commence carrying out the pilot program, if at all, during 
     fiscal year 1997.
       (d) Applicability of Good Samaritan Food Donation Act.--
     Section 402 of the National and Community Service Act of 1990 
     (42 U.S.C. 12672) shall apply to donations and collections of 
     food and grocery products under the pilot program without 
     regard to section 403 of such Act (42 U.S.C. 12673).
       (e) Reports.--(1) Each Secretary that carries out a pilot 
     program at a service academy under this section shall submit 
     to Congress an interim report and a final report on the pilot 
     program.
       (2) The Secretary concerned shall submit the interim report 
     not later than one year after the date on which the Secretary 
     commences the pilot program at a service academy.
       (3) The Secretary concerned shall submit the final report 
     not later than 90 days after the Secretary completes the 
     pilot program at a service academy.
       (4) Each report shall include the following:
       (A) A description of the conduct of the pilot program.
       (B) A discussion of the experience under the pilot program.
       (C) An evaluation of the extent to which section 402 of the 
     National and Community Service Act of 1990 (42 U.S.C. 12672) 
     has been effective in protecting the United States and others 
     from liabilities associated with actions taken under the 
     pilot program.
       (D) Any recommendations for legislation to facilitate 
     donations or collections of excess food and grocery products 
     of the United States or others for nonprofit organizations.
       (f) Definitions.--In this section:
       (1) The term ``service academy'' means each of the 
     following:
       (A) The United States Military Academy.
       (B) The United States Naval Academy.
       (C) The United States Air Force Academy.
       (D) The United States Coast Guard Academy.
       (2) The term ``Secretary concerned'' means the following:
       (A) The Secretary of the Army, with respect to the United 
     States Military Academy.
       (B) The Secretary of the Navy, with respect to the United 
     States Naval Academy.
       (C) The Secretary of the Air Force, with respect to the 
     United States Air Force Academy.
       (D) The Secretary of Transportation, with respect to the 
     United States Coast Guard Academy.
       (3) The terms ``apparently fit grocery product'', 
     ``apparently wholesome food'', ``donate'', ``food'', and 
     ``grocery product'' have the meanings given those terms in 
     section 402(b) of the National and Community Service Act of 
     1990 (42 U.S.C. 12672(b)).
                                 ______


                       WARNER AMENDMENT NO. 4067

  Mr. KEMPTHORNE (for Mr. Warner) proposed an amendment to the bill, S. 
1745, supra; as follows:

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

     SEC.   . DESIGNATION OF MEMORIAL AS NATIONAL D-DAY MEMORIAL.

       (a) Designation.--The memorial to be constructed by the 
     National D-Day Memorial Foundation in Bedford, Virginia, is 
     hereby designated as a national memorial to be known as the 
     ``National D-Day Memorial''. The memorial shall serve to 
     honor the members of the Armed Forces of the United States 
     who served in the invasion of Normandy, France, in June 1944.
       (b) Public Proclamation.--The President is requested and 
     urged to issue a public proclamation acknowledging the 
     designation of

[[Page S6539]]

     the memorial to be constructed by the National D-Day Memorial 
     Foundation in Bedford, Virginia, as the National D-Day 
     Memorial.
       (c) Maintenance of Memorial.--All expenses for maintenance 
     and care of the memorial shall be paid for with non-Federal 
     funds, including funds provided by the National D-Day 
     Memorial Foundation. The United States shall not be liable 
     for any expense incurred for the maintenance and care of the 
     memorial.
                                 ______


                  BYRD (AND OTHERS) AMENDMENT NO. 4068

  Mr. NUNN (for Mr. Byrd, for himself, Mr. Ford, and Mrs. Feinstein) 
proposed an amendment to the bill, S. 1745, supra; as follows:

       In section 301(11), strike out ``$2,692,473,000'' and 
     insert in lieu thereof ``$2,699,173,000''.
       In section 411(a)(5), strike out ``108,594'' and insert in 
     lieu thereof ``108,904''.
       In section 412(5), strike out ``10,378'' and insert in lieu 
     thereof ``10,403''.
       In section 421, strike out ``$69,878,430,000'' in the first 
     sentence and insert in lieu thereof ``$69,880,430,000''.
       In section 201(3), strike out ``$14,788,356,000'' and 
     insert in lieu thereof ``$14,783,356,000''.
       In section 301(4), strike out ``$17,953,039,000'' and 
     insert in lieu thereof ``$17,949,339,000''.
       At the end of subtitle B of title V add the following:

     SEC. 518. MODIFIED END STRENGTH AUTHORIZATION FOR MILITARY 
                   TECHNICIANS FOR THE AIR NATIONAL GUARD FOR 
                   FISCAL YEAR 1997.

       Section 513(b)(3) of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 305; 10 
     U.S.C. 115 note) is amended to read as follows:
       ``(3) Air National Guard:
       ``(A) For fiscal year 1996, 22,906.
       ``(B) For fiscal year 1997, 22,956.''.
                                 ______


                        COHEN AMENDMENT NO. 4069

  Mr. KEMPTHORNE (for Mr. Cohen) proposed an amendment to the bill, S. 
1745, supra; as follows:

       In section 123(a), strike out paragraph (2), and insert in 
     lieu thereof the following:
       (2) In addition to the purposes for which the amount 
     authorized to be appropriated by section 102(a)(3) is 
     available under subparagraphs (B) and (C) of paragraph (1), 
     the amounts available under such subparagraphs are also 
     available for contracts with Electric Boat Division and 
     Newport News Shipbuilding to carry out the provisions of the 
     ``Memorandum of Agreement Among the Department of the Navy, 
     Electric Boat Corporation (EB) and Newport News Shipbuilding 
     and Drydock Company (NNS) Concerning the New Attack 
     Submarine'', dated April 5, 1996, relating to design data 
     transfer, design improvements, integrated process teams, and 
     updated design base.
                                 ______


                        SIMON AMENDMENT NO. 4070

  Mr. NUNN (for Mr. Simon) proposed an amendment to the bill, S. 1745, 
supra; as follows:

       On page 311, between lines 9 and 10, insert the following:

     SEC. 1072. IMPROVEMENTS TO NATIONAL SECURITY EDUCATION 
                   PROGRAM.

       (a) Repeal of Temporary Requirement Relating to 
     Employment.--Title VII of the Department of Defense 
     Appropriations Act, 1996 (Public Law 104-61; 109 Stat. 650), 
     is amended under the heading ``National Security Education 
     Trust Fund'' by striking out the proviso.
       (b) General Program Requirements.--Subsection (a)(1) of 
     section 802 of the David L. Boren National Security Education 
     Act of 1991 (title VIII of Public Law 102-183; 50 U.S.C. 
     1902) is amended--
       (1) by striking out subparagraph (A) and inserting in lieu 
     thereof the following new subparagraph (A):
       ``(A) awarding scholarships to undergraduate students who--
       ``(i) are United States citizens in order to enable such 
     students to study, for at least one academic semester or 
     equivalent term, in foreign countries that are critical 
     countries (as determined under section 803(d)(4)(A) of this 
     title) in those languages and study areas where deficiencies 
     exist (as identified in the assessments undertaken pursuant 
     to section 806(d) of this title); and
       ``(ii) pursuant to subsection (b)(2)(A) of this section, 
     enter into an agreement to work for, and make their language 
     skills available to, an agency or office of the Federal 
     Government or work in the field of higher education in the 
     area of study for which the scholarship was awarded;''; and
       (2) in subparagraph (B)--
       (A) in clause (i), by inserting ``relating to the national 
     security interests of the United States'' after 
     ``international fields''; and
       (B) in clause (ii)--
       (i) by striking out ``subsection (b)(2)'' and inserting in 
     lieu thereof ``subsection (b)(2)(B)''; and
       (ii) by striking out ``work for an agency or office of the 
     Federal Government or in'' and inserting in lieu thereof 
     ``work for, and make their language skills available to, an 
     agency or office of the Federal Government or work in''.
       (c) Service Agreement.--Subsection (b) of that section is 
     amended--
       (1) in the matter preceding paragraph (1), by striking out 
     ``, or of scholarships'' and all that follows through ``12 
     months or more,'' and inserting in lieu thereof ``or any 
     scholarship''.
       (2) by striking out paragraph (2) and inserting in lieu 
     thereof the following new paragraph (2):
       ``(2) will--
       ``(A) not later than eight years after such recipient's 
     completion of the study for which scholarship assistance was 
     provided under the program, and in accordance with 
     regulations issued by the Secretary--
       ``(i) work in an agency or office of the Federal Government 
     having national security responsibilities (as determined by 
     the Secretary in consultation with the National Security 
     Education Board) and make available such recipient's foreign 
     language skills to an agency or office of the Federal 
     Government approved by the Secretary (in consultation with 
     the Board), upon the request of the agency or office, for a 
     period specified by the Secretary, which period shall be no 
     longer than the period for which scholarship assistance was 
     provided; or
       ``(ii) if the recipient demonstrates to the Secretary (in 
     accordance with such regulations) that no position in an 
     agency or office of the Federal Government having national 
     security responsibilities is available, work in the field of 
     higher education in a discipline relating to the foreign 
     country, foreign language, area study, or international field 
     of study for which the scholarship was awarded, for a period 
     specified by the Secretary, which period shall be determined 
     in accordance with clause (i); or
       ``(B) upon completion of such recipient's education under 
     the program, and in accordance with such regulations--
       ``(i) work in an agency or office of the Federal Government 
     having national security responsibilities (as so determined) 
     and make available such recipient's foreign language skills 
     to an agency or office of the Federal Government approved by 
     the Secretary (in consultation with the Board), upon the 
     request of the agency or office, for a period specified by 
     the Secretary, which period shall be not less than one and 
     not more than three times the period for which the fellowship 
     assistance was provided; or
       ``(ii) if the recipient demonstrates to the Secretary (in 
     accordance with such regulations) that no position in an 
     agency or office of the Federal Government having national 
     security responsibilities is available upon the completion 
     upon the completion of the degree, work in the field of 
     higher education in a discipline relating to the foreign 
     country, foreign language, area study, or international field 
     of study for which the fellowship was awarded, for a period 
     specified by the Secretary, which period shall be established 
     in accordance with clause (i); and''.
       (d) Evaluation of Progress in Language Skills.--Such 
     section 802 is further amended by--
       (1) redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively; and
       (1) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Evaluation of Progress in Language Skills.--The 
     Secretary shall, through the National Security Education 
     Program office, administer a test of the foreign language 
     skills of each recipient of a scholarship or fellowship under 
     this title before the commencement of the study or education 
     for which the scholarship or fellowship is awarded and after 
     the completion of such study or education. The purpose of the 
     tests is to evaluate the progress made by recipients of 
     scholarships and fellowships in developing foreign language 
     skills as a result of assistance under this title.''.
       (e) Functions of the National Security Education Board.--
     Section 803(d) of that Act (50 U.S.C. 1903(d)) is amended--
       (1) in paragraph (1), by inserting ``, including an order 
     of priority in such awards that favors individuals expressing 
     an interest in national security issues or pursuing a career 
     in an agency or office of the Federal Government having 
     national security responsibilities'' before the period;
       (2) in paragraph (4)--
       (A) in the matter preceding subparagraph (A), by striking 
     out ``Make recommendations'' and inserting in lieu thereof 
     ``After taking into account the annual analyses of trends in 
     language, international, and area studies under section 
     806(b)(1), make recommendations'';
       (B) in subparagraph (A), by inserting ``and countries which 
     are of importance to the national security interests of the 
     United States'' after ``are studying''; and
       (C) in subparagraph (B), by inserting ``relating to the 
     national security interests of the United States'' after ``of 
     this title';
       (3) by redesignating paragraph (5) as paragraph (7); and
       (4) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) Encourage applications for fellowships under this 
     title from graduate students having an educational background 
     in disciplines relating to science or technology.
       ``(6) Provide the Secretary on an on-going basis with a 
     list of scholarship recipients and fellowship recipients who 
     are available to work for, or make their language skills 
     available to, an agency or office of the Federal Government 
     having national security responsibilities.''.
       (f) Report on Program.--(1) Not later than six months after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report assessing the 
     improvements to the program established

[[Page S6540]]

     under the David L. Boren National Security Education Act of 
     1991 (title VIII of Public Law 102-183; 50 U.S.C. 1901 et 
     seq.) that result from the amendments made by this section.
       (2) The report shall also include an assessment of the 
     contribution of the program, as so improved, in meeting the 
     national security objectives of the United States.
                                 ______


                        COHEN AMENDMENT NO. 4071

  Mr. KEMPTHORNE (for Mr. Cohen) proposed an amendment to the bill, S. 
1745, supra; as follows:

       At the end of section 123 add the following:
       (e) Next Attack Submarine After New Attack Submarine.--The 
     Secretary of Defense shall modify the plan (relating to 
     development of a program leading to production of a more 
     capable and less expensive submarine than the New Attack 
     Submarine) that was submitted to Congress pursuant to section 
     131(c) of Public Law 104-106 (110 Stat. 208) in order to 
     provide in such plan for selection of a design for a next 
     submarine for serial production not earlier than fiscal year 
     2000 (rather than fiscal year 2003, as provided in paragraph 
     (3)(B) of such section 131(c)).
                                 ______


                       McCAIN AMENDMENT NO. 4072

  Mr. McCAIN proposed an amendment to amendment No. 4061 proposed by 
Mr. Simpson to the bill, S. 1745, supra; as follows:

       At the end of the amendment, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds authorized for construction, Phase I, of a combined 
     support maintenance shop at Camp Guernsey, Wyoming, may be 
     obligated until the Secretary of Defense certifies to 
     Congress that the project is in the future years Defense 
     plan.
                                 ______


                 SMITH (AND OTHERS) AMENDMENT NO. 4073

  Mr. KEMPTHORNE (for Mr. Smith for himself, Mr. Santorum, and Mr. 
Graham) proposed an amendment to the bill, S. 1745, supra; as follows:

       At the end of subtitle C of title I add the following:

     SEC. 125. MARITIME PREPOSITIONING SHIP PROGRAM ENHANCEMENT.

       Section 2218(f) of title 10, United States Code, shall not 
     apply in the case of the purchase of three ships for the 
     purpose of enhancing Marine Corps prepositioning ship 
     squadrons.
                                 ______


                BINGAMAN (AND SMITH) AMENDMENT NO. 4074

  Mr. NUNN (for Mr. Bingaman, for himself and Mr. Smith) proposed an 
amendment to the bill, S. 1745, supra; as follows:

       At the end of title VIII add the following:

     SEC. 810. RESEARCH UNDER TRANSACTIONS OTHER THAN CONTRACTS 
                   AND GRANTS.

       (a) Conditions for Use of Authority.--Subsection (e) of 
     section 2371 of title 10, United States Code is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B);
       (2) by inserting ``and'' after the semicolon at the end of 
     subparagraph (A), as so redesignated;
       (3) by striking out ``; and'' at the end of subparagraph 
     (B), as so redesignated, and inserting in lieu thereof a 
     period;
       (4) by inserting ``(1)'' after ``(e) Conditions.--''; and
       (5) by striking out paragraph (3) and inserting in lieu 
     thereof the following:
       ``(2) A cooperative agreement containing a clause under 
     subsection (d) or a transaction authorized under subsection 
     (a) may be used for a research project when the use of a 
     standard contract, grant, or cooperative agreement for such 
     project is not feasible or appropriate.''.
       (b) Revised Requirement for Annual Report.--Section 2371 of 
     such title is amended by striking out subsection (h) and 
     inserting in lieu thereof the following:
       ``(h) Annual Report.--(1) Not later than 90 days after the 
     end of each fiscal year, the Secretary of Defense shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on National Security of the House of 
     Representatives a report on Department of Defense use 
     during such fiscal year of--
       ``(A) cooperative agreements authorized under section 2358 
     of this title that contain a clause under subsection (d); and
       ``(B) transactions authorized under subsection (a).
       ``(2) The report shall include, with respect to the 
     cooperative agreements and other transactions covered by the 
     report, the following:
       ``(A) The technology areas in which research projects were 
     conducted under such agreements or other transactions.
       ``(B) The extent of the cost-sharing among Federal 
     Government and non-Federal sources.
       ``(C) The extent to which the use of the cooperative 
     agreements and other transactions--
       ``(i) has contributed to a broadening of the technology and 
     industrial base available for meeting Department of Defense 
     needs; and
       ``(ii) has fostered within the technology and industrial 
     base new relationships and practices that support the 
     national security of the United States.
       ``(D) The total amount of payments, if any, that were 
     received by the Federal Government during the fiscal year 
     covered by the report pursuant to a clause described in 
     subsection (d) that was included in the cooperative 
     agreements and transactions, and the amount of such payments, 
     if any, that were credited to each account established under 
     subsection (f).''.
       (c) Protection of Certain Information From Disclosure.--
     Such section, as amended by subsection (b), is further 
     amended by inserting after subsection (h) the following:
       ``(i) Protection of Certain Information From Disclosure.--
     (1) Disclosure of information described in paragraph (2) is 
     not required, and may not be compelled, under section 552 of 
     title 5 for five years after the date on which the 
     information is received by the Department of Defense.
       ``(2) Paragraph (1) applies to the following information in 
     the records of the Department of Defense if the information 
     was submitted to the department in a competitive or 
     noncompetitive process having the potential for resulting in 
     an award, to the submitters, of a cooperative agreement that 
     includes a clause described in subsection (d) or other 
     transaction authorized under subsection (a):
       ``(A) Proposals, proposal abstracts, and supporting 
     documents.
       ``(B) Business plans submitted on a confidential basis.
       ``(C) Technical information submitted on a confidential 
     basis.''.
       ``(d) Division of Section Into Distinct Provisions by 
     Subject Matter.--(1) Chapter 139 of title 10, United States 
     Code, is amended--
       ``(A) by inserting before the last subsection of section 
     2371 (relating to cooperative research and development 
     agreements under the Stevenson-Wydler Technology Innovation 
     Act of 1980) the following:

     ``Sec. 2371a. Cooperative research and development agreements 
       under Stevenson-Wydler Technology Innovation Act of 1980'';

       ``(B) by striking out ``(i) Cooperative Research and 
     Development Agreements Under Stevenson-Wydler Technology 
     Innovation Act of 1980.--; and
       ``(C) in the table of sections at the beginning of such 
     chapter, by inserting after the item relating to section 2371 
     the following:

``Sec. 2371a. Cooperative research and development agreements under 
              Stevenson-Wydler Technology Innovation Act of 1980.''.

       ``(2) Section 2358(d) of such title is amended by striking 
     out ``section 2371'' and inserting in lieu thereof ``sections 
     2371 and 2371a''.
                                 ______


                GRASSLEY (AND OTHERS) AMENDMENT NO. 4075

  Mr. KEMPTHORNE (for Mr. Grassley, for himself, Mrs. Boxer, and Mr. 
Harkin) proposed an amendment to the bill, S. 1745, supra; as follows:

       On page   . between lines    and   , insert the following:

     SEC.   . REIMBURSEMENT FOR EXCESSIVE COMPENSATION OF 
                   CONTRACTOR PERSONNEL PROHIBITED.

       (a) Armed Services Procurements.--Section 2324(e)(1) of 
     title 10, United States Code, is amended by adding at the end 
     the following:
       ``(P) Costs of compensation (including bonuses and other 
     incentives) paid with respect to the services (including 
     termination of services) of any one individual to the extent 
     that the total amount of the compensation paid in a fiscal 
     year exceeds $200,000.''.
       (b) Civilian Agency Procurements.--Section 306(e)(1) of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 256(e)(1)) is amended by adding at the end the 
     following:
       ``(P) Costs of compensation (including bonuses and other 
     incentives) paid with respect to the services (including 
     termination of services) of any one individual to the extent 
     that the total amount of the compensation paid in a fiscal 
     year exceeds $200,000.''.
                                 ______


                        BOXER AMENDMENT NO. 4076

  Mr. NUNN (for Mrs. Boxer) proposed an amendment to the bill, S. 1745, 
supra; as follows:

       At the end of title VIII, insert the following new section:

     SEC.  . REPORTING REQUIREMENT UNDER DEMONSTRATION PROJECT FOR 
                   PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC 
                   WORKS, AND UTILITY SERVICES FROM LOCAL 
                   GOVERNMENT AGENCIES.

       Section 816(b) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820) is 
     amended by striking out ``1996'' and inserting in lieu 
     thereof ``1998''.
                                 ______


                       McCAIN AMENDMENT NO. 4077

  Mr. KEMPTHORNE (for Mr. McCain) proposed an amendment to the bill, S. 
1745, supra; as follows:

       At the end of subtitle D of title III, add the following:

     SEC.  . AUTHORITY FOR AGREEMENTS WITH INDIAN TRIBES FOR 
                   SERVICES UNDER ENVIRONMENTAL RESTORATION 
                   PROGRAM.

       Section 2701(d) of title 10, United States Code, is 
     amended--

[[Page S6541]]

       (1) in the first sentence of paragraph (1), by striking out 
     ``, or with any State or local government agency,'' and 
     inserting in lieu thereof ``, with any State or local 
     government agency, or with any Indian tribe,''; and
       (2) by adding at the end the following:
       ``(3) Definition.--In this subsection, the term `Indian 
     tribe' has the meaning given such term in section 101(36) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601(36)).''.
                                 ______


                        NUNN AMENDMENT NO. 4078

  Mr. NUNN proposed an amendment to the bill, S. 1745, supra; as 
follows:

       In section 1006, strike out the last three lines and insert 
     in lieu thereof the following:
       ``(B) The cost of any equipment, services, or supplies 
     acquired for the purpose of carrying out or supporting 
     activities described in such subsection (e)(5), including any 
     nonlethal, individual or small-team landmine cleaning 
     equipment or supplies that are to be transferred or otherwise 
     furnished to a foreign country in furtherance of the 
     provision of assistance under this section.''.
       (C) The cost of any equipment, services or supplies 
     provided pursuant to (B) may not exceed $5 million each year.
                                 ______


                     KEMPTHORNE AMENDMENT NO. 4079

  Mr. KEMPTHORNE proposed an amendment to the bill, S. 1745, supra; as 
follows:

       At the end of subtitle D of title II add the following:

     SEC. 243. AMENDMENT TO UNIVERSITY RESEARCH INITIATIVE SUPPORT 
                   PROGRAM.

       Section 802(c) of the National Defense Authorization Act 
     for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1701; 10 
     U.S.C. 2358 note) is amended by striking out ``fiscal years 
     before the fiscal year in which the institution submits a 
     proposal'' and inserting in lieu thereof ``most recent fiscal 
     years for which complete statistics are available when 
     proposals are requested''.
                                 ______


                        LOTT AMENDMENT NO. 4080

  Mr. KEMPTHORNE (for Mr. Lott) proposed an amendment to the bill, S. 
1745, supra; as follows:

       Strike out section 1008, relating to the prohibition on the 
     use of funds for Office of Naval Intelligence representation 
     or related activities.
                                 ______


                INHOFE (AND NICKLES) AMENDMENT NO. 4081

  Mr. KEMPTHORNE (for Mr. Inhofe, for himself and Mr. Nickles) proposed 
an amendment to the bill, S. 1745, supra; as follows:

       Insert the following in the appropriate place:

     SEC.   . TRANSFER OF JURISDICTION AND LAND CONVEYANCE, FORT 
                   SILL, OKLAHOMA.

       (a) Transfer of Land for National Cemetery.--
       (1) Transfer authorized.--the Secretary of the Army may 
     transfer, without reimbursement, to the administrative 
     jurisdiction of the Secretary of Veterans Affairs a parcel of 
     real property (including any improvements thereon) consisting 
     of approximately 400 acres and comprising a portion of Fort 
     Sill, Oklahoma.
       (2) Use of land.--The Secretary of Veterans Affairs shall 
     use the real property transferred under paragraph (1) as a 
     national cemetery under chapter 24 of title 38, United States 
     Code.
       (3) Return of unused land.--If the Secretary of Veterans 
     Affairs determines that any portion of the real property 
     transferred under paragraph (1) is not needed for use as a 
     national cemetery, the Secretary of Veterans Affairs shall 
     return such portion to the administrative jurisdiction of the 
     Secretary of the Army.
       (b) Legal Description.--the exact acreage and legal 
     description of the real property to be transferred or 
     conveyed under this section shall be determined by surveys 
     that are satisfactory to the Secretary of the Army. The cost 
     of such surveys shall be borne by the recipient of the real 
     property.
                                 ______


                       McCAIN AMENDMENT NO. 4082

  Mr. KEMPTHORNE (for Mr. McCain) proposed an amendment to the bill, S. 
1745, supra; as follows:

       On page 81, strike out line 18 and all that follows through 
     page 86, line 2, and insert in lieu thereof the following:

     SEC. 341. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL RESTORATION 
                   ACCOUNTS FOR EACH MILITARY DEPARTMENT.

       (a) Establishment.--(1) Section 2703 of title 10, United 
     States Code, is amended to read as follows:

     ``Sec. 2703. Environmental restoration accounts

       ``(a) Establishment of Accounts.--There are hereby 
     established in the Department of Defense the following 
     accounts:
       ``(1) An account to be known as the `Defense Environmental 
     Restoration Account'.
       ``(2) An account to be known as the `Army Environmental 
     Restoration Account'.
       ``(3) An account to be known as the `Navy Environmental 
     Restoration Account'.
       ``(4) An account to be known as the `Air Force 
     Environmental Restoration Account'.
       ``(b) Obligation of Authorized Amounts.--Funds authorized 
     for deposit in an account under subsection (a) may be 
     obligated or expended from the account only in order to carry 
     out the environmental restoration functions of the Secretary 
     of Defense and the Secretaries of the military departments 
     under this chapter and under any other provision of law. 
     Funds so authorized shall remain available until expended.
       ``(c) Budget Reports.--In proposing the budget for any 
     fiscal year pursuant to section 1105 of title 31, the 
     President shall set forth separately the amounts requested 
     for environmental restoration programs of the Department of 
     Defense and of each of the military departments under this 
     chapter and under any other Act.
       ``(d) Amounts Recovered.--The following amounts shall be 
     credited to the appropriate environmental restoration 
     account:
       ``(1) Amounts recovered under CERCLA for response actions.
       ``(2) Any other amounts recovered from a contractor, 
     insurer, surety, or other person to reimburse the Department 
     of Defense or a military department for any expenditure for 
     environmental response activities.
       ``(e) Payments of Fines and Penalties.--None of the funds 
     appropriated to the Defense Environmental Restoration Account 
     for fiscal years 1995 through 1999, or to any environmental 
     restoration account of a military department for fiscal years 
     1997 through 1999, may be used for the payment of a fine or 
     penalty (including any supplemental environmental project 
     carried out as part of such penalty) imposed against the 
     Department of Defense or a military department unless the act 
     or omission for which the fine or penalty is imposed arises 
     out of an activity funded by the environmental restoration 
     account concerned and the payment of the fine or penalty has 
     been specifically authorized by law.''.
       (2) The table of sections at the beginning of chapter 160 
     of title 10, United States Code, is amended by striking out 
     the item relating to section 2703 and inserting in lieu 
     thereof the following new item:

``2703. Environmental restoration accounts.''.

       (b) References.--Any reference to the Defense Environmental 
     Restoration Account in any Federal law, Executive Order, 
     regulation, delegation of authority, or document of or 
     pertaining to the Department of Defense shall be deemed to 
     refer to the appropriate environmental restoration account 
     established under section 2703(a)(1) of title 10, United 
     States Code (as amended by subsection (a)(1)).
       (c) Conforming Amendment.--Section 2705(g)(1) of title 10, 
     United State Code, is amended by striking out ``the Defense 
     Environmental Restoration Account'' and inserting in lieu 
     thereof ``the environmental restoration account concerned''.
       (d) Treatment of Unobligated Balances.--Any unobligated 
     balances that remain in the Defense Environmental Restoration 
     Account under section 2703(a) of title 10, United States 
     Code, as of the effective date specified in subsection (e) 
     shall be transferred on such date to the Defense 
     Environmental Restoration Account established under section 
     2703(a)(1) of title 10, United States Code (as amended by 
     subsection (a)(1)).
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the later of--
       (1) October 1, 1996; or
       (2) the date of the enactment of this Act.

                          ____________________